Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

4785

or
House Bill No.

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT
PROVIDING FOR A COMPREHENSIVE NUCLEAR REGULATION, CREATING
FOR THE PURPOSE, THE PHILIPPINE NUCLEAR REGULATORY COMMISSION,
AND APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

The Philippines has a legislative framework which includes laws, executive orders
and

regulations with the objective of protecting the public health, safety, security and the
environment from potential damage resulting from activities involving radiation and
nuclear/radioactive materials. The Science Act of 1958 created the Philippine
‘Atomic Energy Commission (PAEC) now known as the Philippine Nuclear Research
Institute (PNRI) to promulgate rules and regulations to ensure the safe use and
application of radioactive materials in different fields of application. Ten years later
when the government decided to pursue the nuclear power option, the Atomic
Energy Regulatory and Liability Act of 1958 or the Republic Act 5207 was enacted to
provide the licensing and regulation of atomic energy facilities and materials,
establishing the rules on liability for nuclear damage and other purposes.

Currently, as mandated by law, the PNRI performs both promotional and regulatory
functions under the Department of Science and Technology (DOST). Given this
dual responsibilities, there has been increasing concerns on whether the PNRI is
effective and objective in regulating all nuclear materials and activities for peaceful
purposes in the country. The need for a separate organization, whose sole concer
would be nuclear safety, security and safeguards, separate from promotional,
political and economic influences, becomes apparent.

The Philippines through the PNRI has been considering revisions to the country's
nuclear and radiation laws. The primary purpose of these revisions would be to
reflect internationally acceptable practices and to ensure that the Philippine national
legislative and regulatory framework is consistent with the nation’s obligations under
relevant international instruments. Furthermore, it must ensure and provide an
adequate basis for further development of nuclear technology for peaceful purposes.


Similarly, the Center for Device Regulation, Radiation Health and
Research/CDRRHR (formerly Bureau of Health Devices and Technology/BHDT) was
created under the Food and Drug Administration (FDA) of the Department of Health
(DOH) through Republic Act No. 9711. The Radiation Health Division of the
CDRRHR was established given the following powers and functions, among others,
over the use of radiation devices to regulate the use of ionizing and non-ionizing
radiation devices in medicine, dentistry, veterinary medicine, commerce and
industry, education and training, research, anti-crime, security, household activities,
and all other facilities/establishments and activities where radiation devices are used.

The creation of a single nuclear regulatory body will harmonize the Philippines’
regulatory infrastructures with countries in the Asian region and other developed
countries. In the process of establishing the ASEAN Community by 2015 and
subsequent closer integration within ASEAN, the physical and institutional
connectivity between Member States will present both new opportunities and
challenges on nuclear related issues. In this connection, cooperation on relevant
nuclear issues amongst countries in the region is therefore desirable in order to
promote confidence and trust, as well as to provide a security net and safeguards on
possible adverse consequences of free movement of people and goods, which will in
turn strengthen our ASEAN community building. Cooperation to help enforcement of
relevant national nuclear security laws and regulations, amongst other things, should
also be strengthened to meet these challenges.

Moreover, in view of growing energy needs within the region, a number of Southeast
Asian countries are exploring peaceful nuclear technology and energy as an
alternative to their respective energy mix. Considering that the impact of nuclear and
radiation accidents are transboundary in nature, cooperation of the regional
countries, therefore, becomes necessary to ensure safety of the nations. As stated in
the Chairman's Statement during the 18th ASEAN Summit in Jakarta, “ASEAN
should engage as appropriate in information sharing and promote transparency on
relevant nuclear related issues in the region.”

The PNRI proposes for the creation of a single nuclear regulatory body with
effective independence - the Philippine Nuclear Regulatory Commission (PNRC)
under the Department of Science and Technology (DOST). The proposed bill
provides the most appropriate and effective approach for the Philippines to
modernize and strengthen its legal framework for nuclear safety, security and
safeguards. The proposed legislation will provide for the establishment of a
regulatory framework that will decide on issues affecting public health and the
protection of the environment, safety, nuclear security and safeguards, outside of
the influences of other groups with political, economic or social interests. These
main issues of regulatory independence will generate in the public higher levels of
trust and confidence in the application of nuclear technologies, which is a requisite
for the continued use of nuclear energy and radioactive materials in the country.

The proposed bill covers the eleven fundamental principles of nuclear law according
to current international standards. It addresses all the gaps and omissions identified
in the old RA 5207 which are in the areas of physical protection, safeguards, nuclear
security, nuclear/radiological emergency preparedness and response, radioactive
waste management, transport of nuclear/radioactive materials and licensing of


nuclear facilities, materials and radioactive sources owned and operated by PNRI.
The proposed legislation will modernize the nuclear civil liability regime and bring
compensation in line with internationally-accepted levels. The same legislation
covers wide areas of nuclear and radioactive material applications and requires a
well- structured legal framework necessary for meeting the technical and
management requirements designed to protect public health, safety, security and the
integrity of the environment.

a

GLORIA PAGAL ARROYO
2” District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 4 78 5

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT
PROVIDING FOR A COMPREHENSIVE NUCLEAR REGULATION,
CREATING FOR THE PURPOSE, THE PHILIPPINE NUCLEAR
REGULATORY COMMISSION, AND APPROPRIATING FUNDS
THEREFOR

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled.

ARTICLE | - GENERAL PROVISIONS

Section1. Short Title. - This Act shall be known as the
“Comprehensive Nuclear Regulation Act of 2017”

Sec. 2. Declaration of Policy. — Itis hereby declared to be the policy
of the State to:

(a) Harness the peaceful uses of nuclear energy that can provide
important benefits in many fields, including health and medicine,
energy production, scientific research, agriculture, industry, and
education;

(b) Recognize the potentially harmful effects of ionizing radiation that could
result from improper use, accidents, and/or malicious acts;


(©)

(d)

(e)

(a)

(b)

(©)

Protect individuals, society and the environment from the potentially
harmful effects of ionizing radiation, including those that could result
from improper use, accidents or malicious acts;

Establish and maintain a legal and regulatory framework for the
regulation and control of peaceful uses involving radiation sources,
nuclear material and any other radioactive material;

Manage radioactive waste in a manner that protects current and future
generations from undue impacts; and

Establish and maintain a legal and regulatory framework for
implementing effective measures to prevent, detect and respond to
unauthorized acts involving nuclear material, other radioactive sources
or associated facilities that may cause injury to persons, property or the
environment or otherwise jeopardize national security.

Sec. 3. Objectives. — The objectives of this Act are:

To provide a legal framework that adequately protects public health
and safety and the environment against the harmful effects of ionizing
radiation, and for the safety and security of radiation sources;

To establish the Philippine Nuclear Regulatory Commission (PNRC),
hereinafter referred to as the Commission, for the purpose of
exercising regulatory control over the peaceful uses of ionizing
radiation in the territory or under the jurisdiction or control of the
Republic of the Philippines anywhere, including, but not limited to the
production, possession, use, import, transport, transfer, handling and
management of radioactive materials, or any other activities or
practices identified by the Commission;

To establish and maintain a regulatory system for the formulation
and/or adaptation of regulations and guides that specify the principles,


(a)

(a)

(b)

(a)

(b)

requirements and associated criteria for safety and security upon which
regulatory judgments, decisions and actions are based; and

To enable the Philippines to fulfil its obligations under relevant
international instruments entered into by the Philippines, in particular,
the Treaty on the Non-Proliferation of Nuclear Weapons (NPT); the
Treaty on Southeast Asia Nuclear Weapon-Free Zone; Comprehensive
Test Ban Treaty; the Agreement between the Philippines and the
International Atomic Energy Agency (IAEA) for the Application of
Safeguards in Connection with the NPT (the Safeguards Agreement);
Additional Protocol to Safeguards Agreement; Vienna Convention on
Civil Liability for Nuclear Damage; Agreement on the Privileges and
Immunities of the IAEA; Convention on the Physical Protection of
Nuclear Material, UN Resolutions on Nuclear Security, and other
relevant international instruments entered into by the Republic of the
Philippines,

Sec. 4. Scope.

This Act shall apply to all activities and practices involving ionizing
radiation sources, including nuclear and other radioactive materials,
facilities and radiation generating equipment.

This Act shall not apply to activities or practices involving exposures
that have been exempted from regulatory control through regulations
established by the Commission.

Sec. 5. Definitions. — As used in this Act:

Activity refers to the amount of radionuclide in a given energy state at
a given time;

Activities refer to the production, manufacture, distribution, sale,
acquisition, ownership, possession, import, export, handling, use,


()

(d)

)

(9)

transport, and transfer of nuclear and radioactive materials; siting,
construction, operation, and decommissioning of facilities;
management of radioactive waste; mining and processing of
radioactive ores; and such other activities as the Commission shall
from time to time determine;

Authorization refers to a permission granted by the Commission to a
person who has submitted an application involving nuclear and
radioactive materials and facilities, and ionizing radiation generating
equipment. The authorization can take the form of a notification, a
registration, or a license;

Commission refers to the Philippine Nuclear Regulatory Commission
(PNRC), as the nuclear regulatory body for purposes of this Act;

Decommissioning refers to the administrative and technical actions
taken to allow the removal of some or all of the regulatory controls from
a facility to ensure the long term protection of the public and the
environment, and typically include reducing the levels of residual
radionuclides in the materials and on the site of the facility so that the
materials can be safely recycled, reused or disposed of as exempt
waste or as radioactive waste and the site can be released for
unrestricted use or otherwise reused;

Emergency plan refers to a description of the objectives, policy and
concept of operations for the response to an emergency and of the
structure, authorities and responsibilities for a systematic, coordinated
and effective response. The emergency plan serves as the basis for
the development of other plans, procedures and checklists;

Emergency preparedness refers to the capability to take actions that
will effectively mitigate the consequences of an emergency for human
health and safety, quality of life, property, and the environment;


(h)

(i)

(kK)

0

Emergency response refers to the performance of actions to mitigate
the consequences of an emergency for human health and safety,
quality of life, property, and the environment;

Exclusion refers to the deliberate exclusion of a particular category of
exposure from the scope of an instrument of regulatory control on the
grounds that it is not considered amenable to control through the
regulatory instrument in question.

Exemption refers to the determination by a Commission that a source
or practice need not be subject to some or all aspects of regulatory
control on the basis that the exposure (including potential exposure)
due to the source or practice is too small to warrant the application of
those aspects or that this is the optimum option for protection
irrespective of the actual level of the doses or risks;

Facilities refer to nuclear installations or radiation facilities in which

people may be exposed to ionizing radiation. These include:

4) uranium mining and raw material processing facilities such as
uranium mines;

2

3)

4) other reactors such as research reactors and critical assemblies;

5) spent fuel reprocessing plants;

6) radioactive waste management facilities;

7) radiation generator installations and facilities;

8) irradiation installations;

9)

enrichment and fuel manufacturing plants;
nuclear power plants;

nuclear and radiation facilities for medical, industrial, research and
education purposes; and

10)such other facilities as the Commission shall determine from time to
time;

Facility operators or operators refer to any organization or person
applying for authorization or authorized and/ or responsible for nuclear,


(m)

(0)

(p)

(a)

0

w

radiation, radioactive waste or transport safety when undertaking
activities or in relation to any nuclear facilities or sources of ionizing
radiation. This includes, inter alia, private individuals, governmental
bodies, consignors or carriers, licensees, hospitals, self-employed
persons, etc.;

Income refers to the fees and other payments given to the
Commission in the conduct of its regulatory functions;

Individual operator refers to any individual who manipulates the
controls of a nuclear installation and radiation facility;

Installation operator or Operator refers to any person, organization,
or government entity licensed or authorized to undertake the operation
of a nuclear or radiation facility;

Institute refers to the Philippine Nuclear Research Institute;

Ionizing radiation refers to electromagnetic or particulate radiation
capable of producing ion pairs directly or indirectly;

lonizing radiation sources refer to nuclear and other radioactive
materials facilities and radiation generating equipment;

License refers to a legal document issued by the Commission granting
authorization to perform specified activities related to facilities or
activities; or any authorization granted by the Commission to the
applicant to have the responsibility for the sitting, design, construction,
commissioning, operation or decommissioning of a nuclear installation;

Licensee refers to the authorized person who is a holder of a valid
license granted for a practice or source who has recognized rights and
duties for the practice or source, particularly in relation to protection


(u)

)

(w)

&

y)

and safety; or an organization having overall responsibility for facilities
or activities;

Natural sources refer to naturally occurring sources of radiation, such
as the sun and stars (sources of cosmic radiation) and rocks and soil
(terrestrial sources of radiation);

‘Nuclear accident refers to any unintended event, including operating
errors, equipment failures and other mishaps, the consequences or
potential consequences of which are not negligible from the point of
view of protection or safety;

Nuclear damage refers to loss of life, any personal injury or any loss,
or damage to, or loss of use of property, which arises out of or results
from the radioactive, toxic, explosive or other hazardous properties, or
any combination thereof, of nuclear fuel or radioactive products or any
waste in, or of nuclear materials coming from, originating in, or sent to,
a nuclear installation or from the ionizing radiation emitted by any other
sources of radiation inside a nuclear installation. Personal injury
includes any physical or mental injury, sickness or disease, death
whether caused directly by a physical trauma or otherwise;

Nuclear incident refers to any occurrence or series of occurrences
having the same origin which causes nuclear damage or, but only with
respect to preventive measures, creates a grave and imminent threat
of causing such damage;

‘Nuclear installation refers to any of the following:

1) a nuclear reactor for research or production of nuclear materials for
industrial or medical use (including critical and  sub-critical
assemblies);

2) a plant for preparing or storing fuel for use in a nuclear reactor as
described in paragraph (1);


(2)

(aa)

(bb)

3) a nuclear waste storage or disposal facility with an activity that is
greater than the activity level prescribed by regulations made for the
purposes of this law;

4) a facility for production of radioisotopes with an activity that is
greater than the activity level prescribed by regulations made for the
purposes of law this section; and

5) any other facility that is prescribed for the development, production
or use of nuclear energy or the production, possession or use of a
nuclear substance, prescribed equipment or prescribed information;

‘Nuclear material refers to

1) nuclear fuel, other than natural uranium and depleted uranium,
capable of producing energy by a self-sustaining chain process
of nuclear fission outside a nuclear reactor, either alone or in
combination with some other materials; and

2) Plutonium except that with isotopic concentration exceeding
80% in plutonium-238; uranium-233; uranium enriched in the
isotope 235 or 233; uranium containing the mixture of isotopes
as occurring in nature other than in the form of ore or ore
residue; any material containing one or more of the foregoing;

Nuclear or radiological emergency refers to a non-routine situation
that necessitates prompt action primarily to mitigate a hazard due to (a)
The energy resulting from a nuclear chain reaction or from the decay of
the products of a chain reaction; or (b) Radiation exposure or adverse
consequences for human health and safety, quality of life, property or
the environment;

Nuclear safety refers to the achievement of proper operating
conditions of nuclear installations, proper handling and use of nuclear
material, prevention of accidents or mitigation of consequences of
accidents resulting in protection of workers, the public, and the
environment from undue radiation hazards;


(cc)

(dd)

(ee)

(gg)

(hh)

Official Gazette refers to the official journal of the Philippine
government where this Act and the Commission's regulations may be
published; the journal reports all laws, actions and decisions issued by
the government and other information on things such as hearing and
tribunals, proposed changes and anything else the government feels
should be told to the public;

Person refers to (1) Any individual, organization, corporation,
partnership, firm, association, trust, estate, public or private institution,
group, political or administrative entity or other person designated in
accordance with national legislation, who or which has responsibility
and authority for any action taken under this Act; and (2) any legal
‘successor, representative, agent, or agency of the foregoing;

Physical protection refers to technical and organizational measures
for protection of nuclear material or authorized facilities designed to
prevent unauthorized access with nuclear installations, nuclear
materials and other radioactive materials;

Practices refer to activities that introduce additional sources of
exposure or exposure pathways or extends exposure to additional
people or modifies the network of exposure pathways from existing
sources, so as to increase the exposure or the likelihood of exposure of
people or the number of people exposed;

Radiation facility refers to a facility that utilizes radioactive materials;
particle accelerator facility; and other such facility that the Commission
shall determine from time to time;

Radiation generating equipment or radiation generator refers to an
equipment or device that generates ionizing radiation when energized
(e.g. tay generating equipment) or that would, if assembled or
repaired, be capable of producing ionizing radiation when energized or
an equipment as the Commission shall from time to time determine;


(i)

Gi)

(kk)

(il)

(mm)

(nn)

(00)

Radiation protection refers to the protection of people and the
environment from the harmful effects of ionizing radiation;

Radiation source refers to a radiation generator, or a radioactive
source or other radioactive material outside the nuclear fuel cycles of
research and power reactors;

Radioactive material refers to any material designated in national law
or by a regulatory body as being subject to regulatory control because
of its radioactivity which includes sealed and unsealed sources and
radioactive waste;

Radioactive source refers to a radioactive material permanently
sealed in a capsule or closely bonded and in a solid form and which is
not exempt from regulatory control. This also includes any radioactive
material released if the radioactive source is leaking or broken, but
does not include material encapsulated for disposal, or nuclear material
within the nuclear fuel cycles of research and power reactors;

Radioactive waste refers to waste substances, objects or equipment
for which no further use is foreseen by their owner, with a radionuclide
content or surface radionuclide contamination exceeding values
permitting their discharge into the environment, these values shall be
set out in an implementing regulation;

Radioactive waste disposal refers to a permanent emplacement of
radioactive waste into areas, facilities or installation without the
intention of its retrieval;

Radioactive waste and spent fuel storage refers to the holding of
radioactive sources, spent fuel or of radioactive waste in a facility that
provides for their/its containment, with the intention of retrieval;


(pp)

(qq)

(rm)

(ss)

(tt)

(uu)

Radionuclide refers to an unstable form of a chemical element that
radioactively decays, resulting in the emission of nuclear radiation;

Registrant refers to the holder of a current registration;

Registration refers to a form of authorization for practices of low or

moderate risks whereby the person responsible for the practice has

prepared and submitted a safety assessment of the facilities and

equipment to the Commission and has complied with the legal

requirements. The requirements for safety assessment and the

conditions or limitations applied to the practice should be less severe

than those for licensing. Typical practices that are amenable to

registration are those for which:

(1) safety can largely be ensured by the design of the facilities and
equipment;

(2) the operating procedures are simple to follow;

(@) the safety training requirements are minimal; and

(4) there is a history of few problems with safety in operations;

Regulatory Body refers to an organization designated by the
government as having legal authority for exercising regulatory control
with respect to ionizing radiation sources, including issuing
authorizations, and thereby regulating one or more aspects of the
safety or security of radioactive sources.

Safeguards refer to measures undertaken to ensure that the nuclear
material, non-nuclear material, services, equipment, facilities,
information and certain items are not used for the manufacture of
nuclear weapons or any other nuclear explosive devices or to further
any military purpose;

Safety refers to measures intended to minimize the likelihood of
accidents involving radiation sources, nuclear material and their
associated facilities;


(w) Security refers to the prevention and detection of and response to,
theft, sabotage, unauthorized access, illegal transfer or other malicious
acts involving nuclear material, other radioactive substances or their
associated facilities;

(ww) Source refers to anything that may cause radiation exposure — such
as by emitting ionizing radiation or by releasing radioactive substances
or material — and can be treated as a single entity for protection and
safety purposes;

(xx) Special Drawing Right , hereinafter referred to as SDR, refers to the
unit of account defined by the International Monetary Fund and used by
it for its own operations and transactions;

(yy) Special fissionable materials refer to Plutonium-239, Uranium-233,
Uranium enriched in the isotopes 235 or 233 and materials containing
‘one or more of the foregoing in concentration or amount exceeding
values established by the Commission;

(zz) Spent Nuclear Fuel refers to nuclear fuel that has been irradiated in
and permanently removed from a reactor core; and

(aaa) Technical and Scientific Support Organization refers to external
organization or experts who are not part of the Commission's
permanent staff from whom the Commission may seek advice or
recommendations in the conduct of its regulatory responsibilities.

ARTICLE I — THE PHILIPPINE NUCLEAR REGULATORY COMMISSION

Sec. 6. Creation of the Philippine Nuclear Regulatory

Commission. — There is hereby created the Philippine Nuclear Regulatory
Commission, hereinafter referred to as the Commission, that shall be an


attached agency of the Department of Science and Technology for policy
direction, coordination, technical and administrative supervision.

Sec. 7. Mandate of the Commission. - The Commission shall

exercise authority over all aspects of safety, security and safeguards involving
nuclear materials and other radioactive materials, facilites and radiation

generating equipment.

Sec. 8. Regulatory Policy of the PNRC. — In issuing authorizations

and regulations under this Act, the Commission shall:

(a)

(b)

(©)

(a)

(a)

Impose the minimum requirements to protect the health and safety of
the public and the environment, and ensure the security of ionizing
radiation sources;

Prevent the spread of nuclear weapons and prevent nuclear or
radiological terrorism consistent with the obligations of the Philippines
under relevant international instruments;

Establish and implement regulations consistent with relevant
international standards and best practices; and

Ensure that operators are technically and financially qualified to
engage in the proposed activities in accordance with the requirements
of this Act and the Commission's regulations, and has financial
protection to fulfill obligations on liability for nuclear and radiation
damage.

Sec. 9. Functions of the PNRC. - The Commission shall:
Define and formulate policies, regulations, standards, and other

issuances as a basis for its regulatory actions on nuclear and radiation
safety, security and safeguards;


(b)

(ce)

(a)

(e)

(9)

(h)

0)

Develop and issue regulations and standards, regulatory guides and
other documents necessary for the implementation of this Act and its
implementing rules and regulations;

Issue, amend and revoke rules, regulations and orders pertaining to
the financial capability of operators to cover liability for nuclear
damage;

Establish and implement a system of authorization in the form of
notification, registration, and licensing, including modifications,
amendments, suspension and revocation of such authorizations;

Review and assess submissions on safety assessments and security
plans from the facility operators prior to authorization and periodically
thereafter, as required;

Inspect, monitor and assess activities and practices to ensure
compliance with applicable regulations, and the terms and conditions of
authorizations;

Take enforcement measures as provided for under Section 21 of this
Act in the event of non-compliance with applicable regulations or the
terms and conditions of authorizations;

Define exemptions and exclusions from regulatory control;

Ensure the application of safety, safeguard and security requirements
consistent with national and international commitments;

Hold hearings and conduct investigations, and for these purposes,
administer oaths and affirmations and issue subpoenas to any person
to appear and testify, or to appear and produce documents at any
designated time and place;


(k)

0

(m)

(n)

(0)

(p)

(@)

0)

Cooperate with other governmental or non-governmental bodies having
competence in such areas as health and safety, environmental
protection, security and transportation of nuclear and related
dangerous goods;

Cooperate with and act as the national competent authority on nuclear
safety, security and regulatory matters for the Intemational Atomic
Energy Agency, foreign governments, ministries, departments, and
agencies, relevant regional and international organizations, including
law enforcement and intelligence agencies;

Participate in relevant regional and international conferences related to
safety, security and safeguards of nuclear and other radioactive
materials and safety of radiation generating equipment;

Obtain experts’ advice and opinions necessary to perform its functions,
including the hiring of consultants, contracting of specific projects, or
establishing Technical and Scientific Support Organizations (TSOs) or
ad hoc advisory bodies;

Cooperate with other relevant government agencies to establish and
maintain a national radiological emergency preparedness and
response plan;

Carry out or contract research activities on radiation safety and
security;

Establish appropriate mechanisms and procedures for informing and
consulting the public and other stakeholders about the regulatory
process and the safety, health and environmental aspects of regulated
activities and practices, including in incidents, accidents and abnormal
occurrences;

Establish and maintain a national register of radiation sources;


(s)

)

(u)

(v)

Establish and maintain a national register of persons authorized to
carry out activities or practices under this Law;

Cooperate with the Intemational Atomic Energy Agency in the
application of safeguards in accordance with the Safeguards
Agreement, and any protocols thereto, between the Republic of the
Philippines and the Intemational Atomic Energy Agency, including
conducting inspections and visits, carrying out complementary access
and providing any assistance or information required by designated
IAEA inspectors in the fulfilment of their responsibilities;

Establish and maintain a State System of Accounting for and Control of
nuclear material and a national system for the registration of licenses
for nuclear material, and to establish the necessary reporting and
record keeping and requirements pursuant to the Safeguards
Agreement, and any protocols thereto, between [name of State] and
the International Atomic Energy Agency;

Perform such other relevant functions necessary to implement the
provisions of this Act.

Nothing in this Act shall preclude the authorized agents of the

Department of National Defense and other law enforcement agencies to
conduct inspections of atomic energy facilities, materials or any activity jointly
with the authorized representatives of the Commission when the national
security of the state is involved

Sec. 10. Management System. - The Commission shall establish,

implement, and assess a management system that is aligned with its safety

goals and contributes to its achievement. The Commission shall ensure that
regulatory control is stable and consistent.


Sec. 11. Organizational Structure of the Commission. - The
Commission shall be headed by a Commissioner who shall be appointed by
the President for a term of five (5) years with a rank equivalent to an
Undersecretary. The Commissioner shall be assisted by two Associate
Commissioners who shall be appointed by the President with a term of four
(4) years and three (3) years respectively. Thereafter, the successors shall
be appointed for five (5) years.

The commissioner or at least one (1) of the two (2) associate
commissioners shall have the necessary scientific and technical qualifications,
preferably an advanced degree in natural sciences or engineering or a broad
professional background in any of the said fields.

The Commissioner shall not be removed from service for political
considerations, but for just cause which includes misconduct, demonstrated
lack of competence, unlawful behavior, inability to perform assigned duties,
and the like.

The head of the Commission shall draw up its organizational structure
to be submitted to the Department Secretary for approval

Sec. 12. Use of Income. — The budget of the Commission, based on
an annual appropriation from Congress, shall ensure that the Commission has
the financial and human resources necessary to fulfill its assigned
responsibilities under this Act.

The Commission shall also be authorized to:

(@) Charge and collect reasonable fees in the performance of its regulatory
functions, provided that such fees shall be imposed by regulation on
the basis of such published criteria as the Commission deems
appropriate; and

(b) Use 100% of its income, donations, bequests, grants, and all sums
which may be appropriated for upgrading its physical and human


resources, for the conduct of its activities, and for augmentation of its
budget in case of shortfalls.

Sec. 13. Technical and Scientific Support Organizations. — The
Commission is authorized to seek expert opinion and recommendations from
independent technical and scientific support organizations whose technical
advice will not have conflict of interest or improper influence on its regulatory
decision making. Any advice offered shall not relieve the Commission of its
responsibilities under this Act, other relevant laws and applicable regulations.

Sec. 14. Establishment of an Advisory Board. - Upon the
recommendation of the Commission, the Department of Science and
Technology shall establish an advisory board to assist and advise the
Commission on the safety and security matters arising from the use of nuclear
and radioactive materials and from the operation of nuclear installations and
radiation facilities, and on regulations applicable to such authorizations. The
advisory board shall be composed of experts from other government agencies
or from the academia and/or non-Government entities or both, not exceeding
eleven (11) in number: Provided, however, that the Commission shall have
the final decision and responsibility with respect to such matters.

ARTICLE Ill - REGULATION AND AUTHORIZATION OF NUCLEAR
INSTALLATIONS AND RADIATION FACILITIES

Sec. 15. Requirement for Authorization.

(a) Any person who intends to engage in an activity or practice shall
‘submit a notification to the Commission of its intention to carry out such
activity or practice in the form and within the time limits required by the
Commission.

(6) No authorization to acquire, own, or operate any nuclear installations
and radiation facilities shall be issued to an alien, or any corporation or
other entity which is owned or controlled by an alien, a foreign


corporation, or a foreign government. For purposes of this Act, a
corporation or entity is not owned or controlled by an alien, a foreign
corporation of a foreign government if at least sixty percent (60%) of its
capital stock is owned by Filipino citizens.

Sec. 16. Activities Subject to Authorization. — It shall be unlawful
for any person to transfer, construct, receive, own, possess, operate, import
or export any nuclear installations and radiation facilities except under an
authorization issued by the Commission under this Act. A person or
organization shall be required specific authorization issued by the
Commission under this Act to conduct any of the following activities:

(a) Transfer, receive, acquire, own, possess, or use nuclear or radioactive
material for medical, industrial, agricultural and research applications;

(b) Manufacture and distribute of radioactive materials or products
containing radioactive materials to other licensees or persons exempt
from the requirements for a license;

(©) __ Produce of radioactive materials from particle accelerators;

(4) Operate nuclear installations and ionizing radiation facilities for
research, commercial power, and other purposes;

(e) _ Site, construct, commission, operate, dismantle, decommission, close
radioactive waste management facilities;

() Transport of nuclear or radioactive materials to, within, and from the

Philippines; and
(9) _ Engage in or providing nuclear technical services

Sec. 17. Licensing Process and Conditions for Issuance of
Authorization. —- The Commission shall provide for the licensing process and
‘the conditions for issuance of authorization specified in the Implementing
Rules and Regulations issued under this Act.

Sec. 18. Responsibilities of the Authorized Person. —

(a) Any person authorized to conduct activities or practices shall have the
primary responsibility for the safe and secure conduct of those


activities or practices and for ensuring compliance with this Act and all
applicable regulatory requirements and conditions of the authorization
related to those activities or practices.
(b) Any person authorized to conduct acti

s or practices shall provide
the Commission with any requested assistance in the performance of
its regulatory functions.

(c) Any person ceasing authorized activities or practices shall inform the
Commission prior to the cessation of those activities or practices.

Sec. 19. Provisional Authorization. — In all cases of application for
authorization to construct a facility, if the Commission finds that, on the basis
of the technical information and data so far made available to it, there is
reasonable assurance that the proposed facility can be constructed and
operated at the proposed location without undue risk to the health, safety and
security of the public and the environment, the Commission shall initially issue
a provisional license to the applicant. Such a provisional authorization may be
granted even if the information on health, safety, and security then available is
less than would be needed for an authorization to operate provided that the
Commission is satisfied that there is reasonable assurance that questions of
health, safety, and security will be so resolved as to warrant the issuance of
an authorization to operate the facility. However, the provisional authorization
provided herein shall not exceed one (1) year.

Sec. 20. Additional Requirements in Case of Nuclear
Installation for Commercial Power: Exemptions. — Nothing in this Act shall
be construed to exempt the operator of a nuclear facility designed primarily
for the generation of electricity for commercial purposes, from complying with
other requirements provided by existing laws, such as securing a franchise, a
certificate of public convenience and necessity, obtaining approval for rates
and services and others, from the appropriate agency having jurisdiction:
Provided, however, that upon certification by the Commission, importations of
nuclear fuel for use in these facilities shall be free from all taxes and duties in
accordance with incentives under the pertinent provisions of the Board of
Investment (BOI) Act.


(a)

(b)

(©)

Sec. 21. Inspections and Enforcement.

The Commission shall implement a system of inspection of nuclear and
radiation facilities and transport, through regulations issued under this
Act, to verify compliance with the applicable requirements and
conditions of any authorization issued under Section 16.

The Commission shall implement a system of verification of the safety
and security of nuclear and other radioactive material through safety
and security assessments; monitoring and verification of compliance
with any authorization issued under Section 16; inspections; and the
maintenance of appropriate records by licensees. The verification
system shall be provided for in the regulations issued under this Act.

Where the Commission has established that any person has committed
a violation of relevant nuclear safety, security and safeguards
regulations issued under this Act, the conditions of an authorization
issued under Section 16, or other requirements that do not constitute a
criminal offense under Sections [57 and 58] of this Act, the
Commission may impose by order any of the following penalties in
conformity with the proceedings provided for in Section 22: suspension,
modification, and revocation of authorization, or imposition of a civil
monetary penalty,

Sec. 22. Suspension, Modification, and Revocation of

Authorizations. — Any authorization issued pursuant to this Act may be
suspended, modified or revoked by the Commission in the event of a wilful
violation of its conditions, when circumstances in which the public interest,
health, safety, or security so requires, when the conditions under which it was
issued are no longer complied with, or in any circumstance that continued
activity under the authorization shall pose an unacceptable risk to people or
the environment. Provided, That the licensee shall have been accorded an

opportunity to demonstrate or achieve compliance with the requirements. In


all instances, the Commission shall provide information to the public on the
procedures and requirements for suspension, modification, renewal,
revocation or relinquishment of authorizations.

No authorization shall be transferred, assigned, encumbered, or in any
manner disposed of, either voluntarily, or involuntarily, directly or indirectly,
unless the Commission shall, after securing full information, find that such
transfer, assignment, encumbrance, or other disposition is in accordance with
the purposes and provisions of this Act and shalll give its consent in writing.

Upon the suspension, revocation, or expiration of an authorization
which is not renewed, and pursuant to Commission order, the licensee shall
be required to take such measures as may be necessary to protect the health
and safety of the public, and the environment from the harmful effects of
radiation, and ensure security of radioactive material and facilities

Whenever practicable, the Commission may take temporary custody of
any nuclear and other radioactive material and facilities held by the licensee
pending their appropriate and lawful disposition by or for the licensee.

ARTICLE IV — RADIATION PROTECTION

Sec. 23. Regulatory Control to Ensure Radiation Safety.

(a) The Commission shall take the appropriate steps to ensure that

(1) No activity or practice shall be authorized unless it produces
sufficient benefit to the exposed person or to the society in a
manner that offsets the radiation harm that it may cause;

(2) The magnitude of individual doses, the number of persons
exposed and the likelihood of incurring exposures shall all be kept
as low as reasonably achievable, economic and social factors
being taken into account; and

(3) No individual shall be exposed to ionizing radiation doses which
exceed prescribed national dose limits;

(b) The Commission shall establish dose limits for persons that may not be
exceeded in conducting activities under regulatory control.


(©)

(d)

(e)

(9)

The Commission shall identify sources or practices to be exempted
from regulatory control

The Commission shall establish clearance levels below which
radioactive material within authorized activities and practices can be
released from regulatory control

The Commission shall maintain a national system for registration of
licensees, registrants, imported and exported selected items, and
ionizing radiation sources.

The Commission shall ensure that authorized facilities maintain a
record of exposure of the public, patients, and of workers
occupationally exposed to ionizing radiation at their work.

The Commission shall promulgate appropriate regulations and related
guidelines to address all issues and concems related to exposure to
ionizing radiation from natural sources.

Sec. 24. Responsibilities of Authorized Persons in Radiation

Protection.

(a)

(b)

(c)

The authorized person shall bear the prime responsibility for ensuring
the safety and security of the facility and of all activities and practices
associated with it.

Authorized persons shall ensure compliance with the requirements and
dose limits established by the Commission and shall ensure that
radiation doses to workers and the public, including doses from
releases to the environment, are as low as reasonably achievable,
taking into account social and economic factors.

Persons authorized to conduct activities utilizing ionizing radiation for
medical purposes shall ensure the overall patient protection and safety
in the prescription of, and during the delivery of, medical exposures.

ARTICLE V - EMERGENCY PREPAREDNESS AND RESPONSE


Sec. 25. Emergency Plan. — No authorization or license to conduct
an activity or practice, operate a facility or possess or use a source may be
granted unless and until an appropriate emergency preparedness and
response plan has been developed by the applicant and approved by the
Commission.

Sec. 26. Emergency Preparedness and Response. - The
Commission shall:

(a) Develop and maintain a national emergency plan for responding to
potential nuclear or radiological emergencies

(b) Coordinate the task of the radiological emergency response
organization of the Commission within the framework of the National
Disaster Risk Reduction and Management Council (NDRRMC) of the
Department of National Defense in the event of a nuclear and
radiological emergency; and

(©) Provide for the activities of an emergency response center and for an
international exchange of information on the radiation situation,
consistent with the Philippines’ obligations under the Convention on
Early Notification of a Nuclear Accident and the Convention on Mutual
Assistance in the Case of a Nuclear Accident or Radiological
Emergency.

ARTICLE VI - TRANSPORT OF NUCLEAR AND OTHER RADIOACTIVE
MATERIAL

Sec. 27. Regulation in the Transport of Nuclear and Other
Radioactive Material. - The Commission shall establish and implement
safety and security requirements for the transport of nuclear and other
radioactive material to, from and within the jurisdiction of the Philippines in
coordination with relevant national government agencies and consistent with
the International Atomic Energy Agency (IAEA) regulations for the safe and
secure transport of radioactive material.


Sec. 28. Requirements for Authorization. — No person shall engage

in the transport of radioactive material without an authorization issued by the
Commission

(a)

(b)

ARTICLE VIl— IMPORT AND EXPORT OF NUCLEAR
AND OTHER RADIOACTIVE MATERIALS

Sec. 29. Export or Import Control. — The Commission shall:

Establish regulatory requirements and relevant guides for the
exportation and importation of nuclear and other radioactive materials
which require licensees, inter alia
(1) To secure an authorization from the Commission prior to export or
import with the assurance of applying safeguards and physical
protection measures to protect public health, safety and security;
To ensure before import that the exporter has an authorization from
the Competent Authority of the exporting country to export such
materials to the Philippines in accordance with laws and
regulations of that country; and
(3) To ensure before export that the importing country has the
appropriate technical and administrative capability, resources and
regulatory infrastructure needed for the safe and secure
management of the requested nuclear and other radioactive
material, particularly disused sources; and
Coordinate with relevant agencies of government and establish
appropriate formal mechanisms for coordination to effectively

@

implement these import/export control measures for nuclear and other
radioactive material including devices that produce ionizing radiation.

ARTICLE Vill- MANAGEMENT OF SPENT NUCLEAR FUEL AND OTHER

RADIOACTIVE WASTE


Sec. 30. Regulation of Radioactive Waste and Spent Nuclear

Fuel Management. - To ensure the safe and secure management of
radioactive waste and spent fuel, the Commission shall establish:

(a)

(b)

(©)

(@)

Applicable safety and security requirements and regulations for the
protection of people and the environment from adverse impacts of
radioactive waste and spent fuel management activities;

A system of authorization of radioactive waste and spent fuel
management activities;

A system of regulatory inspection, documentation and reporting for
radioactive waste and spent fuel management activities, and in the
case of disposal, a system of institutional control; and

A system of enforcement to ensure compliance with applicable
regulations and the terms and conditions of authorizations for
radioactive waste and spent fuel management activities.

ARTICLE IX - SAFEGUARDS, PHYSICAL PROTECTION AND SECURITY

(a)

(b)

(oe)

Sec. 31. | Safeguards. - The Commission shall:

Maintain a system of accounting for and control of nuclear materials
and establish requirements for accounting for and methods for control
of nuclear material;

Fulfill the Philippines’ obligation to the Non-Proliferation Treaty, the
Safeguards Agreement, and related international treaties,
conventions, agreements and protocols thereto;

Ensure unimpeded access by designated IAEA inspectors and duly
authorized representatives of the Philippine government agencies to
any location or facility provided for under the Safeguards Agreement
and any protocols thereto, with a view to conducting the verification
activities authorized by these instruments; and


(a)

Ensure full cooperation and support to the IAEA by all national
government agencies and authorized persons in the application of
safeguards measures.

Sec. 32. Physical Protection and security of nuclear and other

radioactive material. —

(a)

(b)

(©)

(@)

@)

The Commission shall have the authority to issue regulations under
this Act to implement effective measures to prevent, detect and
respond to unauthorized acts involving nuclear and other radioactive
material that may cause injury to persons, property or the environment
in the Republic of the Philippines or otherwise jeopardize national
security.

The Commission shall establish requirements under the regulations
issued under this Act for the physical protection of nuclear material,
and shall fulfill the Republic of the Philippines’ obligations as a party to
the Convention on the Physical Protection of Nuclear Material, the
‘Amendment thereto, and other international treaties and conventions.
The Commission shall also have the authority under this Act to issue
regulations for the protection of individuals, society and the
environment from the deleterious effects of radioactive sources.

The Commission shall also have the authority under this Act to
coordinate with the relevant agencies of government and seek
international cooperation to effectively implement these security
measures

ARTICLE X — ADMINISTRATIVE PROCEDURE AND JUDICIAL

REVIEW

Sec. 33. Notice and Conduct of Hearing.

In any proceeding under this Act for the grant, suspension, revocation
‘or amendment of any authorization, or upon the issuance of an order,


the Commission shall hold a hearing upon the request of any person
whose interest may be affected and shall admit such person as a party
to the proceeding.

() Commission hearings may be open to the public and relevant
stakeholders, except where warranted by considerations of security,
national defense or proprietary matters.

(© Except in cases where immediate action is required in order to protect
the health and safety of the public or the national interest, no order
issued under Section 22 shall become effective until after the licensee
has had notice for a hearing and opportunity to be heard.

(Where an order suspending, revoking or modifying an authorization, or
an order issued under Section 22 is made effective without prior notice
for a hearing and opportunity to be heard, the order shall only
be temporary pending the hearing and issuance of the Commission's
final decision in the proceeding,

Sec. 34. Orders and Decisions. — All orders and decisions of the
Commission shall be in writing, stating clearly and distinctly the facts and
issues involved and the reasons on which the Commission's order or decision
is based, and shall be made available to the public.

Sec. 35. Judicial Review. - The Court of Appeals is hereby given
the power of judicial review over any final order or decision of the Commission
rendered under Section 34 and shall modify or set aside such order or
decision when it clearly appears that there was no evidence before the
Commission to support reasonably such order or decision, or that the same is
contrary to law. Any such final decision or order may be reviewed by the Court
of Appeals on the application of any party or other person affected thereby, by
certiorari in appropriate cases, or by petition for review, in accordance with the
Rules of Court, within such period as the Commission may rule or prescribe
but not exceeding thirty days from notice of such order or decision. An appeal
shall not suspend the grant of authorization, but shall maintain the suspension
or revocation of authorization until after the final disposition of the appeal by


the Court of Appeals, unless said Court determines otherwise. Only questions
of law on such order or decision may be reviewed by the Supreme Court.

Sec. 36. Notice of Regulation. — No regulation adopted by the
Commission shall be effective less than fifteen days after publication of the
regulation in the Official Gazette, except, that if the Commission finds that the
health, safety, and security or the national interest requires, the regulation
may be made effective immediately upon publication in the Official Gazette or
upon furnishing copies of the regulation to the persons affected

Sec. 37. Incident Reports. — No report by any licensee of any
incident arising out of or in connection with authorized activities made
pursuant to any requirement of the Commission shall be admitted as evidence
in any suit or action for damages growing out of any matter mentioned in such
report.

ARTICLE XI - CIVIL LIABILITY FOR NUCLEAR AND RADIATION

DAMAGE

Sec. 38. The Operator Liability. — The operator shall be liable for
nuclear damage upon proof that such damage has been caused by a nuclear

incident
(@) _Inhis nuclear installation; or
() Involving nuclear material coming from or originating in his nuclear

installation, and occurring:

(1) Before liability with regard to nuclear incidents involving the
nuclear material has been assumed, pursuant to the express
terms of a contract in writing, by another installation operator; or

(2) In the absence of such express terms, before another installation
operator has taken charge of the nuclear material; or

(©) Involving nuclear material sent to his nuclear installation, and

‘occurring:


@

(0)

(1) After liability with regard to nuclear incidents involving the nuclear
material has been assumed by him, pursuant to the express terms
of a contract in writing, from another installation operator; or

(2) Inthe absence of such express terms, after he has taken charge
of the nuclear material: Provided, that if nuclear damage is
caused by a nuclear incident occurring in a nuclear installation
and involving nuclear material stored therein incidentally to the
carriage of such material, the provisions of paragraph (a) of this
Section shall not apply where another installation operator or
person is solely liable pursuant to the provisions of paragraph (b)
or (c) of this Section,

Any provision in this Section to the contrary notwithstanding, the

installation operator shall be liable for nuclear damage upon proof that

such damage has been caused by a nuclear accident involving nuclear
material in the course of carriage:

(1) To a nuclear installation located in the territory of a state not
party to an international convention on civil liability for nuclear
damage to which the Philippines is a party; or

(2) To international transport between the Philippines and an
operator in another Contracting Party to the Vienna Convention.

Whenever both nuclear damage and damage other than nuclear
damage have been caused by a nuclear incident or jointly by a nuclear
incident and one or more other occurrences, such other damage shall,
to the extent that it is not reasonably separable from the nuclear
damage be deemed, for purposes of this Act, to be nuclear damage
caused by that nuclear incident. Where, however, damage is caused
jointly by nuclear incident covered by this Section and by an emission
of ionizing radiation not covered by it, nothing in this Section shall limit
or otherwise affect the liability, either as regards any persons suffering
nuclear damage or by way of recourse or contribution, of any person
who may be held liable in connection with that emission of ionizing
radiation


Sec. 39. Absolute and Exclusive Liability.

(a) The liability of the installation operator for nuclear damage shall be
absolute.

(b) The installation operator shall not be liable for nuclear damage caused
by a nuclear incident directly due to a grave natural disaster of an
exceptional character.

(c) Except as otherwise provided in this Act, no person other than the
installation operator shall be liable for nuclear damage.

Sec. 40. Recourse Actions. - The installation operator shall have
a right of recourse only:

(a) If there is such a right pursuant to the express provision of a written
contract with the other installation operator; or

(b) If the nuclear incident results from an act or omission done with intent
to cause damage, against the individual who has acted or omitted to
act with such intent.

Sec. 41. Gross Negligence or Intentional Act of Claimant. — If the
nuclear damage resulted wholly or partly either from the gross negligence of
the person suffering the damage or from an act or omission of such person
done with intent to cause damage, the Court may relieve the installation
operator from his obligation to pay compensation in respect of the damage
suffered by such person.

Sec. 42. Exceptions to Liability. — No installation operator shall be
liable for any nuclear damage caused by a nuclear accident directly due to an
act of armed conflict, hostilities, civil war or insurrection.

Sec. 43. Limit of Liability. — The liability of the installation operator
for nuclear damage under this Act shall be limited to an amount in Philippine
pesos which is equivalent to 300 million Special Drawing Rights (SDRs)
(roughly equivalent to 400 million US dollars), for any one nuclear incident,


exclusive of an interest or costs which may be awarded by the Court in
actions for compensation of such nuclear damage. The amount maybe
subject to change, as determined by the Commission, in accordance with
international conventions ratified by the Philippines.

Sec. 44. Exemption from Liability. — The installation operator shall

not be liable under this Act for nuclear damage:

(@) To the nuclear installation itself or to any property on the site of that
installation which is used or to be used in connection with that
installation; or

(0) To the means of transport upon which the nuclear material involved
was located at the time of the nuclear incident.

Sec. 45. Exclusions. - The Commission may, if it determines that
the small extent of the risk involved so warrants, exclude by regulation any
small quantities of nuclear material from the application of the provisions in
this Article XIII. Provided, that (a) maximum limits for the exclusion of such
quantities have been established by the Board of Governors of the
International Atomic Energy Agency; and (b) any exclusion must be within the
limits so established.

Sec. 46. Certificate to Carrier. — In accordance with such
regulations as the Commission may issue, the appropriate installation
operator shalll provide the carrier, which furnishes carriage of nuclear material,
with a certificate issued by or on behalf of the insurer or other financial
guarantor furnishing the financial security.

Sec. 47. Liability of Several Installation Operators. - Where

nuclear damage engages the liability of more than one installation operator,

the following rules shall apply:

(a) _ nso far as damages attributable to each installation operator are not
reasonably separable, the installation operators involved shall be jointly
and severally liable;


(b) Incase the nuclear incident occurs in the course of carriage of nuclear
material, either in one and the same means of transport, or, in the case
of storage incidental to the carriage, in one and the same nuclear
installation and causes nuclear damage which engages the liability of
more than one installation operator, the total liability shall not exceed
the highest amount applicable with respect to any one of them
pursuant to Section 43 of this Act; and

(©) In neither of the cases referred to in paragraphs (a) and (b) of this
Section shall the liability of any one installation operator exceed the
amount established in Section 43 hereof.

Sec. 48. Operator of Several Installations. - Subject to the
provisions of Section 47, where several nuclear installations of one and the
same installation operator are involved in one nuclear incident, such
installation operator shall be liable in respect of each nuclear installation
involved up to the amount applicable with respect to him pursuant to Section
43.

Sec. 49. Carrier or Handler of Nuclear Material as Installation
Operator. - The Commission, subject to such terms and conditions as it may
by regulation or order prescribe, designate a carrier of nuclear material or a
person handling radioactive waste, at his request and with the consent of the
installation operator concerned, as installation operator in the place of that
installation operator in respect of such nuclear material or radioactive waste
respectively. Upon such designation, such carrier or such person shall be
considered as an installation operator for the purpose of this Section.

Sec. 50. Court Having Jurisdiction. - The Regional Trial Court
having jurisdiction over the place where the nuclear incident occurs shall have
jurisdiction to determine claims for compensation for such nuclear damage
under this Act

Sec. 51. Intervention of Commission in Court Proceedings. —
When, after the occurrence of a nuclear incident, it appears that the


Government will have to pay indemnity, the Court having jurisdiction over the
claims for compensation arising from the nuclear incident, shall allow the
Commission, upon its petition, to intervene in the proceedings with respect to
technical issues, at any time before final judgment.

Sec. 52. Compulsory Processes. — After the occurrence of a
nuclear incident for which it appears compensation may be payable under this
Act, the Commission may adopt such measures as may be appropriate to
determine the persons who were or might have been exposed to ionizing
radiation resulting from such nuclear incident, which measures may include a
summons to such persons to submit themselves to examination before such
authority or body as shall be designated by the Commission within three
months from the date of summons. In determining the amount of damages or
the right to recover damages, the Court may, in its discretion, take into
account the inexcusable failure of the claimant to fulfill or comply with the
foregoing obligation.

Sec. 53. Investigation of Nuclear Incidents. - The Commission
shall make an investigation of the cause and extent of any nuclear incident for
which it appears compensation may be payable under this Act and its finding
shall be made available to the public, to the parties involved and to the
Courts.

ARTICLE XII - TRANSITORY PROVISIONS

Sec. 54. The Philippine Nuclear Research Institute.

(a) The regulatory function of the of the Philippine Nuclear Research
Institute hereinafter referred to as the Institute, is hereby transferred to
the Commission;

(b) The development, promotion and use of nuclear energy for peaceful
applications shall remain the responsibility of the Institute, whereupon
the Director of the Institute shall draw up its new organizational


©

@

()

structure to be submitted to the President through the Department of
Science & Technology Secretary for approval;

The Institute shall be the scientific nuclear organization in the country
and continue to function as one of the Research and Development
Institutes of the Department of Science and Technology, and continue
its mandate to foster nuclear research and development including
nuclear safety research pursuant to the objectives of Executive Order
No. 128, series of 1987.

Under this Act, the Institute shall be allowed to use 100% of its income
to augment and hire additional human resources and upgrade its
facilities.

The regulatory functions of the Institute which were inherited from the
former Philippine Atomic Energy Commission by virtue of R.A. No.
2067, as amended and R.A. No. 5207, as amended, E.O. 128 and E.0.
366 are deemed transferred to the Commission

Previous regulatory issuances ~ all regulations, rules, orders previously
established by the Philippine Nuclear Research Institute shall remain in
force until superseded by the Commission.

Sec. 55. The Center for Device Regulation, Radiation, Health and

Research.

(a)

(b)

©

The regulatory functions of the Center for Device Regulation,
Radiation, Health and Research hereinafter referred to as the
CDRRHR of the Department of Health over devices generating ionizing
radiation by virtue of R.A. 9711 are deemed transferred to the
Commission.

This Act shall in no way prevent the Department of Health or its line
agencies from imposing additional requirements for the regulation of
medical and health-related devices in the interest of public health and
safety as provided for by law

The Center for Device Regulation, Radiation, Health and Research
shall remain with the Department of Health.


(@) Previous regulatory issuances — all regulations, rules, orders pertaining
to ionizing radiation previously established by the Center for Device
Regulation, Radiation, Health and Research shall remain in force until
superseded by the Commission.

Sec. 56. Human Resources. — All plantilla positions of the Nuclear
Regulatory Division of the PNRI, Department of Science and Technology
(DOST) are hereby transferred to the Commission. Thereafter, all powers,
functions and duties, records, files, and assets pertaining to regulation of
nuclear and radioactive materials and facilities of the PNRI shall be
transferred to the Commission. All plantilla positions of the Radiation
Regulation Division of the Center for Device Regulation, Radiation, Health
and Research (CDRRHR) of the Department of Health (DOH) which have
responsibilities solely in ionizing radiation regulation are also hereby
transferred to the Commission. Thereafter, all powers, functions and duties,
records, files, and assets of these organizational units shall be transferred to
the Commission.

There shall be no diminution of rank, salaries, allowances and benefits
of all personnel transferred to the Commission. In case of a difference in the
above benefits between the transferred employees of the two agencies, the
higher amount shall be adopted. New employees of the Commission shall be
entitled to the same allowances and benefits as the transferred employees.

The head of the Commission shall draw up its organizational structure
to be submitted to the Department Secretary for approval.

ARTICLE Xill- PENAL PROVISIONS

Sec. 57. Violation of Specific Provisions of the Act. — Any
person who willfully violates, attempts to violate, or conspires to violate, any
provision of Section 16 of this Act shall upon conviction thereof, suffer the
penalty of imprisonment of not more than five (5) years or a fine of not more
than one million pesos (PHP 1,000,000.00) or both.


Sec. 58. Violation of Other Provisions of this Act. — Any person
who shall willfully violate, attempt to violate, or conspire to violate any
provisions of this Act for which no penalty is specifically provided or of any
regulation, order or authorization issued under this Act shall, upon conviction
thereof, suffer the penalty of imprisonment of not more than two (2) years or a
fine of not more than five hundred thousand pesos (PHP 500,000.00) or both.

ARTICLE XIV — FINAL PROVISIONS

Sec. 59. Appropriations. - The amount needed for the initial
implementation of this Act shall be taken from the current year's
appropriations of the Nuclear Regulatory Division of the PNRI. Thereafter,
such sums as may be necessary for its continued implementation shall be
included in the annual General Appropriations Act.

Sec. 60. Implementing Rules and Regulations. - The Commission,
in consultation with the Department of Science and Technology shall issue the
rules and regulations necessary to implement the provisions of this Act.

Sec. 61. Repealing Clause. - The pertinent provisions of Republic Act
No. 2067 as amended, otherwise known as the Science Act of 1958, Republic
Act No. 5207 as amended, otherwise known as the Atomic Energy Regulatory
and Liability Act of 1968, Republic Act No. 9711 otherwise known as the Food
and Drug Administration Act of 2009, Executive Order No. 128 Series of 1987
on Reorganizing the National Science and Technology Authority, rules and
regulations and other issuances or parts thereof which are inconsistent with
this Act are hereby repealed, amended or modified accordingly.

Sec. 62. Separability Clause. — If any provision of this Act shall be
declared unconstitutional or invalid, the other provisions not otherwise
affected shall remain in full force and effect.


Sec.63. _Effectivity Clause. — This Act shall take effect fifteen
(15) days from its publication in the Official Gazette or in a newspaper of
general circulation

Approved,