NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 1491
Senate
of ti)f
*22 NOV-9 PI 26
RECEIVED BV;
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
PROVIDING FOR A COMPREHENSIVE ATOMIC REGULATORY FRAMEWORK, 
CREATING FOR THE PURPOSE THE PHILIPPINE ATOMIC REGULATORY 
COMMISSION, AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
Atomic science and nuclear technologies are often associated and exclusively 
connected with nuclear energy, destructive weapons and the hazardous threats they 
may pose to human life and the environment. But the field is so much more than 
these. In fact, they find productive and important uses in various sectors such as 
health and nutrition, food and agriculture, nature and biodiversity, and many 
industries.
Nuclear-derived techniques can help identify, control and prevent the spread of 
diseases, such as Malaria, Ebola, Zika, and Covid-19. The reverse transcription- 
polymerase chain reaction (RT-PCR), a method used to detect the novel Coronavirus, 
is actually a nuclear-derived technique. Nuclear medicine is widely used for the 
diagnosis and treatment of cancer and cardiovascular diseases.
This bill aims to harness the peaceful uses of atomic energy that can provide 
significant benefits in public health and medicine, environment protection and climate 
change adaptation, food safety and increased crop production, product innovation, 
among others. Moreover, it seeks to establish a legal and modern framework for the 
regulation and control of peaceful uses of radiation sources, atomic material, and any 
other radioactive material. The measure also seeks to implement international


standards consistent with the obligations of the country to various international 
treaties and agreements related to atomic safety and security and nuclear material.
The bill also provides the mechanism for a strengthened national preparedness 
and effective emergency response in the event of a catastrophic nuclear incident, in 
view of protecting the health of the general public and the environment. Lastly, it 
proposes the creation of the Phiiippine Atomic Regulatory Commission (PARC) which 
shail be an independent national authority responsible over all aspects of safety, 
security, and safeguards invoking sources of ionizing radiation, atomic materiais and 
other radioactive materials, facilities, activities, and radiation generating equipment.
In this light, consideration of this bill is earnestly recommended.
RAMON B


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
of t!)f !&ff' rtarp
*22 NOV-9 PI 26
SENATE
RECEIVED B';'.
S. No.
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
PROVIDING FOR A COMPREHENSIVE ATOMIC REGULATORY FRAMEWORK, 
CREATING FOR THE PURPOSE THE PHILIPPINE ATOMIC REGULATORY 
COMMISSION, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
ARTICLE I
2 
GENERAL PROVISIONS
3
4 
Section 1. Short Title. - This Act shall be known as the "Comprehensive Atomic
5 
Regulation Act."
6 
Sec. 2. Declaration of Policy. — It is hereby declared to be the policy of the
7 
State to:
8 
a. Harness the peaceful uses of atomic energy that can provide important benefits
9 
in health and medicine, energy production, scientific research, agriculture,
10 
industry, and education;
11 
b. Recognize the potentially harmful effects of ionizing radiation resulting from
12 
improper use, accidents, or malicious acts, as well as determine the doses of
13 
radiation for which their ill-effects disappear or become beneficial;
14 
c. Protect individuals, society, and the environment from the potentially harmful
15 
effects of ionizing radiation, including those resulting from improper use,
16 
accidents or malicious acts;
17 
d. Establish and maintain a legal and regulatory framework for the regulation and
18 
control of peaceful uses of radiation sources, atomic material, and any other
19 
radioactive material;


1 
e. Manage radioactive waste in a manner that protects current and future
2 
generations from undue impacts; and
3 
f. Establish and maintain a legal and regulatory framework for implementing
4 
effective measures to prevent, detect, and respond to unauthorized acts
5 
involving atomic material, other radioactive material, including radioactive
6 
sources and their associated facilities and activities that may cause injury to
7 
persons, property, or the environment, or otherwise jeopardize national
8 
security.
9 
Sec. 3. Objectives. — The objectives of this Act are:
10 
a. To provide a legal framework that adequately protects public health and safety,
11 
and the environment now and in the future, against the harmful effects of
12 
ionizing radiation, and for the safety and security of atomic material and other
13 
radioactive material, including radioactive sources and their associated facilities
14 
and activities;
15 
b. To establish the Philippine Atomic Regulatory Commission (PARC) for the
16 
purpose of exercising regulatory control over the peaceful uses of ionizing
17 
radiation in the territory or area under the jurisdiction or control of the Republic
18 
of the Philippines, including the production, possession, use, import, export,
19 
transport, transfer, handling, and management of radioactive materials, atomic
20 
materials or other activities or practices identified by the PARC;
21 
c. To establish and maintain a regulatory system for the formulation and adoption
22 
of regulations and guides on the use of ionizing radiation that specify the
23 
principles, requirements, and associated criteria for safety and security upon
24 
which regulatory judgments, decisions, and actions are based;
25 
d. To enable the Philippines to implement relevant international legal instruments
26 
entered into by the Philippines, particularly the Treaty on the Non-Proliferation
27 
of Nuclear Weapons (NPT); the Treaty on Southeast Asia Nuclear Weapon-Free
28 
Zone; Comprehensive Test Ban Treaty; the Agreement between the Philippines
29 
and the International Atomic Energy Agency (IAEA) for the Application of
30 
Safeguards in Connection with the NPT (the Safeguards Agreement); Additional
31 
Protocol to Safeguards Agreement; Vienna Convention on Civil Liability for
32 
Nuclear Damage; Agreement on the Privileges and Immunities of the IAEA;


1 
Convention on the Physical Protection of Nuclear Material, United Nations
2 
Resolutions on Nuclear Security, and other relevant international instruments
3 
entered into by the Republic of the Philippines; and
4 
e. To take cognizance on the pending conventions signed by the Philippine
5 
Government, such as Amendment to the Convention on Physical Protection of
6 
Nuclear Materials; International Convention on the Suppression of Acts of
7 
Nuclear Terrorism; Convention on Nuclear Safety; and Joint Convention on the
8 
Safety of Spent Fuel Management and on the Safety of Radioactive Waste
9 
Management.
10 
Sec. 4. Scope, Exemption and Exclusion. -
11 
a. This Act shall apply to all activities and practices involving the peaceful
12 
uses of atomic energy and other radioactive materials, associated
13 
facilities and activities, and radiation sources conducted within the
14 
territory or under the jurisdiction or control of the Philippines;
15 
b. This Act shail not apply to activities or practices involving exposures that
16 
have been excluded from regulatory control through regulations
17 
established by the Philippine Atomic Regulatory Commission;
18 
c. This Act shail not apply to regulation of sources of non-ionizing radiation.
19 
The uses of atomic energy and ionizing radiation in the country shall be
20 
for peaceful uses only. Any activities or practices related to the
21 
acquisition or development of atomic explosives, radiological dispersal
22 
devices, or other peaceful uses of atomic or other radioactive materials
23 
and related technology or assisting others in such activities are strictly
24 
prohibited.
25 
Sec. 5. Definitions. —As used in this Act:
26 
a. Activity to the amount of radionuclide produced in a given energy state
27 
at a given time, also known as radioactivity;
28 
b. Activities refer to the production, use, import and export of radiation sources
29 
for industrial, research and medical purposes; the transport of radioactive
30 
material; the siting, construction, 
commissioning, 
operation and
31 
decommissioning of facilities; radioactive waste management activities such as
32 
the discharge of effluents; the mining and processing of radioactive ores; site


1 
rehabilitation including the remediation of sites affected by the residues from
2 
past activities; and such other activities as the PARC shall, from time to time,
3 
determine;
4 
c. Atomic refers to any process related to the atom, the basic building block of
5 
matter;
6 
d. Atomic accident refers to any unintended event, including operating errors,
7 
equipment failures and other mishaps, the consequences or potential
8 
consequences, of which are not negligible from the point of view of protection
9 
or safety;
10 
e. Authorization refers to a written permission granted by the PARC to a person
11 
who has submitted an application involving atomic and radioactive materials
12 
and associated facilities, and ionizing radiation generating equipment. The
13 
authorization can take the form of a registration or a license;
14 
f. Decommissioning refers to the administrative and technical actions taken to
15 
allow the removal of some or all of the regulatory controls from a facility to
16 
ensure the long term protection of the public and the environment, and typically
17 
include reducing the levels of residual radionuclides in the materials and on the
18 
site of the facility so that the materials can be safely recycled, reused, or
19 
disposed of as exempt waste or as radioactive waste and the site can be
20 
released for unrestricted use or otherwise reused;
21 
g. Emergency pian refers to a description of the objectives, policy, and concept of
22 
operations for the response to an emergency and of the structure, authorities
23 
and responsibilities for a systematic, coordinated and effective response. The
24 
emergency plan serves as the basis for the development of other plans,
25 
procedures and checklists;
26 
h. Emergency preparedness refers to the capability to take actions that will
27 
effectively mitigate the consequences of an emergency for human health and
28 
safety, quality of life, property, and the environment;
29 
i. Emergency response refers to the performance of actions to mitigate the
30 
consequences of an emergency for human health and safety, quality of life,
31 
property, and the environment;


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j. 
Exclusion refers to the deliberate excluding 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 regulatory control through the regulatory 
instrument in question;
k. Exemption refers to the determination by the PARC 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 
being 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;
l. 
Facilities refer to atomic installations or radiation facilities in which people may 
be exposed to ionizing radiation. These include:
i. 
Uranium mining and raw material processing facilities such as uranium 
mines;
ii. 
Enrichment facilities and atomic fuel facilities;
iii. 
Atomic power plants;
iv. 
Other reactors such as research reactors and critical assemblies;
V. Conversion facilities used to generate uranium hexafluoride (UF6);
vi. 
Atomic and radiation facilities for medical, industrial, research, and 
education purposes; and
vii. 
Such other facilities as the PARC shall determine from time to time;
m. Facility operators refer to any organization or person applying for authorization, 
or authorized, or responsible for atomic, radiation, radioactive waste or 
transport safety, when undertaking activities, or in relation to any atomic facility 
or source of ionizing radiation. This includes, inter alia, private individuals, 
governmental bodies, consignors or carriers, licensees, hospitals, and self- 
employed persons;
n. Income refers to the fees and other payments given to the PARC in the conduct 
of its regulatory functions;
0. Individual operator refers to any individual who manipulates the controls of 
atomic installation and radiation facility;


1
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6
7
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q-
r.
s.
p. Installation operator refers to any person, organization, or government entity 
licensed or authorized to undertake the operation of an atomic or radiation 
facility;
Ionizing radiation refers to electromagnetic or particulate radiation capable of 
producing ion pairs directly or indirectly;
Ionizing radiation sources refer to atomic and other radioactive materials 
facilities and radiation generating equipment;
License refers to a legal document issued by the PARC granting authorization 
to perform specified activities related to facilities or activities or any 
authorization granted by the PARC to the applicant to have the responsibility 
for the siting, design, construction, commissioning, operation or 
decommissioning of an atomic installation;
t. 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 and safety; or an 
organization having overall responsibility for facilities or activities;
u. 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);
V. Notification refers to a document submitted to PARC by a person to notify an 
intention to carry out a practice or other use of source;
w. Physical protection refers to technical and organizational measures for 
protection from atomic material or authorized facilities designed to prevent 
unauthorized access to atomic installations, atomic 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;
X.


1 
y. Radiation facility refers to a facility that utilizes radioactive materials; particle
2 
accelerator facility; and other such facility that the PARC shall determine from
3 
time to time;
4 
z. Radiation generating equipment or radiation generator ref&rs to an equipment
5 
or device that generates ionizing radiation when energized (e.g., x-ray
6 
generating equipment) or that would, if assembled or repaired, be capable of
7 
producing ionizing radiation when energized, or an equipment as the PARC shall
8 
from time to time determine;
9 
aa. Radiation protection refers to the protection of people and the environment
10 
from the harmful effects of ionizing radiation;
11 
bb. Radiation source refers to a radiation generator, or a radioactive source, or
12 
other radioactive material outside the atomic fuel cycles of research and power
13 
reactors;
14 
cc. Radioactive materiai refers to any material designated in national law or by a
15 
regulatory body as being subject to regulatory control because of its
16 
radioactivity which includes sealed and unsealed sources and radioactive waste;
17 
dd. Radioactive source refers to a radioactive material which is not exempt from
18 
regulatory control and which is not sealed and not in a solid form, or which is
19 
permanently sealed in a capsule or closely bonded and in a solid form. This also
20 
includes any radioactive material released if the radioactive source is leaking or
21 
broken, but does not include material encapsulated for disposal, or atomic
22 
material within the atomic fuel cycles of research and power reactors;
23 
ee. Radioactive waste refers to waste substances, objects or equipment for which
24 
no further use is foreseen by their owner, with a radionuclide content or surface
25 
radionuclide contamination exceeding values permitting their discharge into the
26 
environment. These values shall be set out in an implementing regulation;
27 
ff. Radioactive waste disposal refers to the permanent emplacement of radioactive
28 
waste into areas, facilities or installation without intent to retrieve it;
29 
gg. Radioactive waste and spent fuei storage refers to the holding of radioactive
30 
sources, spent fuel or of radioactive waste in a facility that provides for their
31 
containment, with the intention of retrieval at a future date;


1 
hh. Radionuclide refers to an unstable form of a chemical element that radioactively
2 
decays, resulting in the emission of atomic radiation;
3 
ii. Registrant refers to the holder of a current registration;
4 
jj. Registration refers to a form of authorization for practices of low or moderate
5 
risks whereby the person responsible for the practice has prepared and
6 
submitted a safety assessment of the facilities and equipment to the PARC
7 
created under Article II, Sec. 6 of this Act, and has complied with the legal
8 
requirements. The requirements for safety assessment and the conditions or
9 
limitations applied to the practice should be less severe than those for licensing.
10 
kk. Typicalpractices\hd\. may be registered are those undertaken in facilities whose
11 
design and equipment ensure safety, or those whose operating procedures are
12 
simple and easy to follow, those that require minimal safety training, or those
13 
that historically have produced minimal safety problems;
14 
II. Safeguards refer to measures undertaken to ensure that the atomic material,
15 
non-atomic material, services, equipment, facilities, information, and certain
16 
items are not used for the manufacture of atomic weapons or any other atomic
17 
explosive devices or to further any military purpose;
18 
mm. Safety refers to the protection of people and the environment against
19 
radiation risks, and of facilities and activities that give rise to radiation risks;
20 
nn. Security refers to the prevention and detection of and response to, theft,
21 
sabotage, unauthorized access, illegal transfer or other malicious acts involving
22 
atomic material, other radioactive substances or their associated facilities;
23 
00. Source refers to anything that may cause radiation exposure, such as by the
24 
emission of ionizing radiation, or by the release of radioactive substances, or
25 
material that can be treated as a single entity for protection and safety
26 
purposes;
27 
pp. Special Drawing Right, hereinafter referred to as SDR - refers to the unit of
28 
account defined by the International Monetary Fund and used by it for its own
29 
operations and transactions;
30 
00-Special fissionable materials refer to Plutonium-239, Uranium-233, Uranium
31 
enriched in the isotopes 235 or 233, and materials containing one or more of


1 
the foregoing in concentration or amount exceeding values established by the
2 
PARC
3 
rr. Technical and scientific support organization refers to an external organization
4 
or group of experts who are not part of the Philippine Atomic Regulatory
5 
Commission's permanent 
staff from whom it may seek 
advice or
6 
recommendations.
7
8 
ARTICLE II
9 
THE PHILIPPINE ATOMIC REGULATORY COMMISSION
10 
Sec. 6. Creation and Mandate of the Philippine Atomic Regulatory Commission.
11 
— There is hereby created an independent central atomic regulatory body to be known
12 
as the Philippine Atomic Regulatory Commission (PARC), which shall have exclusive
13 
authority for exercising regulatory control over all aspects of safety, security, and
14 
safeguards involving sources of ionizing radiation, atomic materials, and other
15 
radioactive materials, facilities, and activities, and radiation generating equipment.
16 
Sec. 7. Regulatory Policy. — In issuing authorizations and other regulations
17 
under this Act, the PARC shall:
18 
a. Impose the minimum requirements to protect the health and safety of the
19 
public and the environment, and ensure the security of atomic and radioactive
20 
material, radiation sources and their associated facilities;
21 
b. Prevent the spread of atomic weapons and prevent atomic or radiological
22 
terrorism consistent with the obligations of the Philippines under relevant
23 
international instruments;
24 
c. Establish and implement regulations, rules and orders consistent with relevant
25 
international standards and best practices; and
26 
d. Ensure that operators are technically and financially qualified to engage in the
27 
proposed activities in accordance with the requirements of this Act and the
28 
PARC's regulations, and have financial protection to fulfil obligations on liability
29 
for atomic and radiation damage.
30 
Sec. 8. Functions of the PARC. - The PARC shall:


1 
a. Define, formulate, develop, and issue policies, regulations, orders, rules,
2 
standards, regulatory guides, and other issuances necessary for the
3 
implementation of this Act and its implementing rules and regulations;
4 
b. Issue, amend, and revoke rules, regulations and orders including those
5 
pertaining to the financial capability of faciiity operators to cover iiability for
6 
atomic damage;
7 
c. Estabiish and implement a system of authorization in the form of registration
8 
and licensing, including modifications, amendments, suspension, and
9 
revocation of such authorizations;
10 
d. Review and assess submissions on safety assessments and security plans from
11 
the facility operators prior to authorization and periodically thereafter, as
12 
required;
13 
e. Inspect, monitor, and assess facilities, activities and practices to ensure
14 
compiiance with applicable regulations, and the terms and conditions of
15 
authorizations;
16 
f. Take enforcement measures in the event of non-compliance with applicable
17 
regulations, or the terms and conditions of authorizations;
18 
g. Define exemptions and exciusions from reguiatory control;
19 
h. Ensure the application of safety, safeguard, and security requirements
20 
consistent with national and international commitments;
21 
i. Hoid hearings and conduct investigations, and for these purposes, administer
22 
oaths and affirmations and issue subpoenas to any person to appear and
23 
testify, or to appear and produce documents at any designated time and place;
24 
j. Cooperate with other governmental or non-governmental bodies that are
25 
having competence in areas such as health and safety, environmental
26 
protection, security, and transportation of atomic and related dangerous goods;
27 
k. Act as the national authority on atomic safety, security and reguiatory matters
28 
relative to the International Atomic Energy Agency (IAEA), foreign
29 
governments, ministries, departments, and agencies, relevant regional and
30 
international organizations, including law enforcement and intelligence
31 
agencies;
10


1 
I. Participate in relevant regional and international conferences, meetings,
2 
workshops, seminars and trainings related to safety, security, and safeguards
3 
of atomic and other radioactive materials and safety of radiation generating
4 
equipment;
5 
m. Obtain experts' advice and opinions necessary to perform its functions,
6 
including the hiring of consultants, contracting of specific projects, or
7 
establishing Technical and Scientific Support Organizations (TSOs) or ad hoc
8 
advisory bodies;
9 
n. Cooperate with other relevant government agencies to establish and maintain
10 
a national radiological emergency preparedness and response plan;
11 
0. Carry out or contract research activities on radiation safety and security;
12 
p. Establish appropriate mechanisms and procedures for informing and consulting
13 
the public and other stakeholders about the regulatory process and the safety,
14 
health, and environmental aspects of regulated activities and practices,
15 
including incidents, accidents, and abnormal occurrences;
16 
q. Exercise regulatory control with respect to ionizing radiation sources, including
17 
issuing authorization;
18 
r. Establish and maintain a national register of radiation sources;
19 
s. Establish and maintain a national register of persons authorized to carry out
20 
activities or practices under this law;
21 
t. Cooperate with the IAEA in the application of safeguards, in accordance with
22 
the Safeguards Agreement, and any protocols thereto, between the Republic
23 
of the Philippines and the IAEA, including conducting inspections and visits,
24 
carrying out complementary access and providing any assistance or information
25 
required by designated IAEA inspectors in the fulfillment of their
26 
responsibilities;
27 
u. Establish and maintain a State System of Accounting for and Control of atomic
28 
material and a national system for the registration of licenses for atomic
29 
material, and to establish the necessary reporting and record keeping and
30 
requirements pursuant to the Safeguards Agreement, and any protocols
31 
thereto, between a State and the IAEA;
11


1 
V. Perform such other relevant functions necessary to implement the provisions
2 
of this Act.
3 
Nothing in this Act shall preclude the authorized agents of the Department of
4 
National Defense (DND) and other law enforcement agencies to conduct inspections
5 
of activities jointly with the authorized representatives of the PARC, when the national
6 
security of the State is involved.
7 
Sec. 9. Management System. — The PARC shall establish, implement, and
8 
assess a management system that is aligned with its safety goals and contributes to
9 
its achievement. The PARC shall ensure that regulatory control is stable and
10 
consistent.
11 
Sec. 10. Organizational Structure of the PARC. —The PARC shall be headed by
12 
a Commissioner who shall be appointed by the President for a term of five (5) years
13 
with a rank equivalent to an Undersecretary. The Commissioner shall be assisted by
14 
four (4) Deputy Commissioners who shall be appointed by the President with a rank
15 
equivalent to Assistant Secretary, and who shall serve a term of five (5), four (4),
16 
three (3) and two (2) years, respectively. Thereafter, the successors shall be
17 
appointed to serve for five (5) years. The four (4) deputy commissioners shall
18 
represent the following sectors: (a) health, (b) energy, (c) defense and security, and
19 
(d) industry which shall include research, industry, agriculture, and environment. The
20 
commissioner may come from any of the aforesaid sectors.
21 
The Commissioner or at least one (1) Deputy Commissioner shall have the
22 
necessary scientific and technical qualifications, preferably an advanced degree in
23 
natural sciences or engineering or a broad professional background in any of the said
24 
fields.
25 
The members of the PARC shall not be removed from office, except for just
26 
cause and after due process, as provided by law.
27 
For the proper management and effective implementation of the objectives of
28 
the PARC, an Executive Director shall be appointed by the President upon the
29 
recommendation of the Commissioner, and shall perform the following functions:
30 
a. Assist the Commissioner in the discharge of the executive and administrative
31 
functions;
12


1 
b. Coordinate and direct the activities of the staff and be responsible for the day-
2 
to-day management of the affairs and activities of the PARC;
3 
c. Recommend and develop plans to achieve the PARC's objectives; and
4 
d. Perform such other relevant functions necessary to implement the provisions
5 
of this Act.
6 
All other officials and employees of PARC shall be appointed by the
7 
Commissioner, subject to the civil ser/ice laws, rules and regulations.
8 
Sec. 11. Official Site of PARC. — A land area equivalent to at least ten (10)
9 
hectares out of the area of lands which are under the administration of the Bases
10 
Conversion and Development Authority (BCDA) within the Clark Special Economic
11 
Zone in Pampanga and Tarlac, shall be allocated exclusively for the PARC office:
12 
Provided, That the PARC shall establish additional offices in strategic areas as it may
13 
deem necessary: Provided further, That the boundaries and technical descriptions of
14 
these land areas shall be determined by an actual and joint group survey.
15 
Sec. 12. Fees and Charges. — The PARC is authorized to charge and collect
16 
reasonable fees in the performance of its regulatory functions: Provided, that such
17 
fees shall be imposed by regulation on the basis of such published criteria as the PARC
18 
deems appropriate. The fees and charges collected by the PARC shall be deposited
19 
with the Bureau of the Treasury as income of the general fund pursuant to Section
20 
44, Chapter 5, Book VI of Executive Order. No. 292, s. 1987.
21 
Sec. 13. Radioactive Waste Management Fund. - A portion of the payment of
22 
the electricity generated from the use of atomic energy shall be set aside to establish
23 
a Radioactive Waste Management Fund, in view of the importance of atomic waste
24 
disposal and spent fuel. The Fund shall be held in escrow and can only be utilized for
25 
the decommissioning of atomic facilities, including the safe management, disposal of
26 
the atomic waste and spent fuel, which shall include siting research, transports, and
27 
final geological disposal. The portion of the payment shail be determined by the PARC
28 
based on international practice.
29 
Sec. 14. Technical and Scientific Support Organizations. — The PARC is
30 
authorized to seek expert opinion and recommendations from independent technical
31 
and scientific support organizations that do not pose a conflict of interest, or
32 
improperly influence the PARC's regulatory decision making. Any advice offered shall
13


1 
not relieve the PARC of its responsibilities under this Act, other relevant laws, and
2 
applicable regulations.
3 
Sec. 15. Establishment of an Advisory Board. — There shall be established an
4 
advisory board to assist and advise the Commissioners on safety and security matters
5 
arising from the use of atomic and radioactive materials, and from the operation of
6 
atomic installations and radiation facilities, and on regulations applicable to such
7 
authorizations. The advisory board shall be composed of not more than twelve (12)
8 
members as follows:
9 
a. Secretary of the Department of Science and Technology, as Chairperson;
10 
b. Secretary of the Department of Energy, as Vice Chairperson;
11 
c. Secretary of the Department of Health or duly designated representative, 
as
12 
Member;
13 
d. Secretary of the Department of Environment and Natural Resources or duly
14 
designated representative, as Member;
15 
e. Secretary of the Department of National Defense or duly designated
16 
representative, as Member;
17 
f. Secretary 
of the Department of Trade and Industry or duly designated
18 
representative, as Member;
19 
g. Secretary of the Department of Agriculture or duly designated representative,
20 
as Member; and
21 
h) Five (5) experts from the academe or nongovernment organizations, or
22 
both.
23 
The advice of the Board may be considered by the PARC in its decisions or
24 
resolutions: Provided, however. That the decision of the PARC shall prevail. The PARC
25 
shall be ultimately accountable for its decisions and actions.
26 
The Advisory Board may be convened anytime by the Chairperson, or upon the
27 
request of the PARC.
28
29 
ARTICLE III
30 
REGULATION AND AUTHORIZATION OF FACILITIES AND ACTIVITIES
31 
Sec. 16. Activities Subject to Authorization. — It shall be unlawful for any
32 
person to transfer, construct, receive, own, possess, operate, import or export any
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atomic installation and radiation facility, except under an authorization issued by the 
PARC. A person or organization shall be required specific authorization issued by the 
PARC to conduct any of the following activities or practices:
a. Transfer, receipt, acquisition, ownership, possession, or use of atomic or 
radioactive material for medical, industrial, agricultural, and research 
applications;
b. Manufacture and distribution of radioactive materials or products containing 
radioactive materiais to other licensees or persons exempt from the 
requirements for a license;
c. Production of radioactive materials from particle accelerators;
d. Operation and maintenance of ionizing radiation facilities for scientific research, 
industrial, and medical purposes;
e. Siting, construction, commissioning, operation, dismantling, decommissioning, 
and closure atomic installations;
f. Transport of atomic or radioactive materiais to, within, and from the Philippines; 
and
Engaging in or provision of atomic technical services.
Sec. 17. Requirement for Authorization.—
Any person who intends to engage in any activity or practice mentioned in the 
immediateiy preceding section shail submit an appiication to the PARC 
indicating its intention to carry out such activity or practice in the form and 
within the time limits prescribed by the PARC;
b. No authorization to acquire, own, or operate any atomic installation and 
radiation facility 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 other entity may be 
granted authorization to acquire, own, or operate an atomic installation and 
radiation faciiity only, if at least sixty percent (60%) of its capitai stock is owned 
by Filipino citizens.
Sec. 18. Licensing Process and Conditions for Issuance of Authorization. — The 
PARC shali provide for the iicensing process and the conditions for the issuance of the
g-
a.
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appropriate authorization in the rules and regulations (IRR) to be issued to implement
2 
this Act.
3 
Sec. 19. Responsibilities of the Authorized Person. —
4 
a. Any person authorized to conduct the activities or practices specified in Section
5 
16 shall have the primary responsibility for the safe and secure conduct of those
6 
activities or practices, and for ensuring compliance with this Act and all
7 
applicable regulatory requirements and conditions of the authorization related
8 
to those activities or practices;
9 
b. Any person authorized to conduct activities or practices shall provide the PARC
10 
with any requested assistance in the performance of its regulatory functions;
11 
c. Any person authorized shall timely notify the PARC of any relevant accident or
12 
emergency;
13 
d. Any person who intends to discontinue the conduct of activities so authorized
14 
by the PARC shall duly inform the latter at least six (6) months prior to actual
15 
cessation of those activities or practices.
16 
Sec. 20. Provisional Authorization. — In all cases of application for authorization
17 
to construct a facility, if the PARC finds that, on the basis of the technical information
18 
and data so far made available to it, there is reasonable assurance that the proposed
19 
facility can be constructed and operated at the proposed location without undue risk
20 
to the health, safety, and security of the public and the environment, it shall issue the
21 
appropriate authorization to operate the facility: Provided, That in cases where there
22 
is insufficient data or information on health, safety, and security, or if there is a need
23 
to generate or validate such data or information, the PARC may issue a provisional
24 
authority to operate such facility for as long as in its determination, there is reasonable
25 
assurance that questions of health, safety, and security will be so resolved as to
26 
warrant the issuance of an authorization to operate the facility: Provided, however,
27 
That the provisional authority to operate the facility shall cover a period not to exceed
28 
one (1) year.
29 
Sec. 21. Additional Requirements in Case of Atomic Installation for Commercial
30 
Power: Exemptions.— Nothing in this Act shall be construed to exempt the operator
31 
of an atomic facility designed primarily for the generation of electricity for commercial
32 
purposes from complying with other requirements provided by existing laws, such as
16


1 
securing a franchise, a certificate of public convenience and necessity, and obtaining
2 
approval for rates and services from the appropriate agency: Provided, however. That
3 
upon certification by the PARC, importations of atomic fuel for use in these facilities
4 
shall be free from all taxes and duties, in accordance with incentives under the
5 
pertinent provisions of Republic Act No. 5186, otherwise known as the "Investment
6 
Incentives Act."
1 
Sec. 22. Inspections and Enforcement —
8 
a. The PARC shall implement a system of inspection of atomic and radiation
9 
facilities and activities based on the provisions of this Act to verify compliance
10 
with the applicable requirements and conditions of any authorization issued
11 
under Section 16.
12 
b. The PARC shall implement a system of verification of the safety and security of
13 
atomic and other radioactive material through safety and security assessments;
14 
monitoring and verification of compliance with any authorization issued under
15 
Section 16; inspections; and the maintenance of appropriate records by
16 
licensees. The verification system shall be provided for in the regulations to be
17 
issued pursuant to this Act.
18 
c. Where the PARC has established that any person has committed a violation of
19 
relevant atomic safety, security, and safeguards regulations issued under this
20 
Act, the conditions of an authorization issued under Section 16, or other
21 
requirements that do not constitute a criminal offense under Sections 59 and
22 
60 of this Act, it may impose by order any of the following penalties in
23 
conformity with the proceedings provided for in Section 23: suspension,
24 
modification, and revocation of authorization, or imposition of a civil monetary
25 
penalty.
26 
Sec. 23. Suspension, Modification, and Revocation of Authorizations. — Any
27 
authorization issued pursuant to this Act may be suspended, modified or revoked by
28 
the PARC in the event of a violation of its conditions, when circumstances in which the
29 
public interest, health, safety, or security so requires, when the conditions under which
30 
it was issued are no longer complied with, or in any circumstance that continued
31 
activity under the authorization shall pose an unacceptable risk to people or the
32 
environment: Provided, That the licensee shall have been accorded an opportunity to
17


1 
demonstrate or achieve compliance with the requirements. In all instances, the PARC
2 
shall provide information to the public on the procedures and requirements for
3 
suspension, modification, renewal, revocation or relinquishment of authorizations.
4 
No authorization shall be transferred, assigned, encumbered, or in any manner
5 
disposed of, either voluntarily, or involuntarily, directly or indirectly, unless the PARC
6 
shall, after securing full information, find that such transfer, assignment,
7 
encumbrance, or other disposition is in accordance with the purposes and provisions
8 
of this Act and shall give its consent in writing.
9 
Upon the suspension, revocation, or expiration of an authorization which is not
10 
renewed, and pursuant to PARC order, the licensee shall be required to take such
11 
measures as may be necessary to protect the health and safety of the public and the
12 
environment from the harmful effects of radiation, and ensure security of radioactive
13 
material and facilities.
14 
Whenever practicable, the PARC may take temporary custody of any atomic
15 
and other radioactive material and facility held by the licensee pending their
16 
appropriate and lawful disposition by or for the licensee.
17 
Sec. 24. Regulation of relevant Atomic-related materials. - When it is deemed
18 
necessary and circumstances so warrant, the PARC shall exclusively effect regulation
19 
over relevant atomic-related materials and activities otherwise not covered under this
20 
Act, of certain National Government agencies such as the Department of National
21 
Defense, Department of Energy, Department of Environment and Natural Resources,
22 
Department of Science and Technology, Department of Health and their affiliates or
23 
attached offices.
24
25 
ARTICLE IV
26 
RADIATION PROTECTION
27 
Sec. 25. Regulation to Ensure Radiation Protection. —
28 
a. The PARC shall take the appropriate steps to ensure that:
29 
i. No activity or practice shall be authorized unless it produces sufficient
30 
benefit to the exposed person or to the society in a manner that offsets
31 
the radiation harm that it may cause;
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ii. 
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 considered; and
iii. 
No individual shall be exposed to ionizing radiation doses which exceed 
prescribed national dose limits;
b. The PARC shall establish dose limits for persons that may not be exceeded in 
conducting activities under regulatory control;
c. The PARC shall identify sources or practices to be exempted from regulatory 
control;
d. The PARC shall establish clearance levels below which radioactive material 
within authorized activities and practices can be released from regulatory 
control;
e. The PARC 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: and
f. The PARC shall promulgate appropriate regulations and related guidelines to 
address all issues and concerns related to exposure to ionizing radiation from 
natural sources.
Sec. 26. Responsibilities of Authorized Persons in Radiation Protection. -
a. 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;
b. Authorized persons shall ensure compliance with the requirements and dose 
limits established by the PARC 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;
c. 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.
19


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ARTICLE V
2 
EMERGENCY PREPAREDNESS AND RESPONSE
3 
Sec. 27. Emergency Plan. — No authorization or license to conduct an activity
4 
or practice, operate a facility or possess or use a source may be granted unless and
5 
until an appropriate emergency preparedness and response plan has been developed
6 
by the applicant and approved by the PARC.
7 
In the event of an atomic or radiological emergency, the authorized person
8 
shall implement the approved emergency preparedness and response plan.
9 
Sec. 28. Emergency Preparedness and Response. —The PARC shall:
10 
a. Develop and maintain a national emergency plan for responding to potential
11 
atomic or radiological emergencies which shall be approved by the President of
12 
the Philippines;
13 
b. Coordinate the task of the radiological emergency response organization of the
14 
PARC within the framework of the National Disaster Risk Reduction and
15 
Management Council (NDRRMC) of the DND in the event of an atomic and
16 
radiological emergency;
17 
c. Provide for the activities of an emergency response center and for an
18 
international exchange of information on the radiation situation, consistent with
19 
the Philippines' obligations under the Convention on Early Notification of an
20 
Atomic Accident and the Convention on Mutual Assistance in the Case of an
21 
Atomic Accident or Radiological Emergency; and
22 
d. Define the radiation levels at which evacuation shall be considered.
23
24 
ARTICLE VI
25 
TRANSPORT OF ATOMIC AND OTHER RADIOACTIVE MATERIAL
26 
Sec. 29. Regulation in the Transport of Atomic and Other Radioactive Material.
27 
— The PARC shall establish and implement safety and security requirements for the
28 
transport of atomic and other radioactive material to, from and within the jurisdiction
29 
of the Philippines, consistent with the International Atomic Energy Agency (IAEA)
30 
regulations, for the safe and secure transport of radioactive material.
31 
Sec. 30. Requirements for Authorization. — No person shall engage in the
32 
transport of radioactive material without an authorization issued by the PARC.
20


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2 
ARTICLE VII
3 
IMPORT AND EXPORT OF ATOMIC AND OTHER RADIOACTIVE MATERIALS
4 
Sec. 31. Export or Import Control. — The PARC shall:
5 
a. Establish regulatory requirements, procedures and relevant guides for the
6 
exportation and importation of atomic and other radioactive materials including
7 
radioactive sources which require licensees, inter alia X.o\
8 
i. Secure an authorization from the PARC prior to exportation or
9 
importation with the assurance of applying safeguards and physical
10 
protection measures to protect public health, safety and security;
11 
ii. Ensure before importation that the exporter has an authorization from
12 
the competent authority of the exporting country to export such
13 
materials to the Philippines in accordance with laws and regulations of
14 
that country; and that a recipient is authorized to receive such materials
15 
and has the capacity to ensure their safety and security; and
16 
iii. Ensure before exportation that a recipient is authorized to receive such
17 
materials and that the importing country has the necessary and
18 
appropriate technical and administrative capability, resources and
19 
regulatory infrastructure to ensure the safe and secure management of
20 
such materials, particularly disused sources.
21 
b. Coordinate with relevant agencies of government and establish appropriate
22 
formal mechanisms for coordination to effectively implement the import and
23 
export control measures for atomic and other radioactive material, as well as
24 
radioactive sources.
25
26 
ARTICLE VIII
27 
MANAGEMENT OF SPENT FUEL AND OTHER RADIOACTIVE WASTE
28 
Sec. 32. Regulation of Radioactive Waste and Spent Atomic Fuel Management.
29 
— To ensure the safe and secure management of radioactive waste and spent fuel,
30 
the PARC shall establish:
31 
a. Applicable safety and security requirements and regulations for the protection
32 
of people and the environment from adverse impacts of radioactive waste and
21


1 
spent fuel management activities, including relating to predisposal
2 
management of radioactive waste, and generation characterization,
3 
classification, pre-treatment, treatment, conditioning, packaging and storage
4 
as appropriate;
5 
b. A system of authorization of radioactive waste and spent fuel management
6 
activities;
7 
c. A system of regulatory inspection, documentation, and reporting for radioactive
8 
waste and spent fuel management activities, and in the case of disposai, a
9 
system of institutional control; and
10 
d. A system of enforcement to ensure compliance with applicable regulations and
11 
the terms and conditions of authorizations for radioactive waste and spent fuel
12 
management activities.
13 
The PARC shall ensure the continuous regulatory control over radioactive waste
14 
from its generation to final disposal, including institutional control.
15
16 
ARTICLE IX
17 
ATOMIC SAFETY AND DECOMMISSIONING
18 
Sec. 33. Licensing Process of Atomic Installations. -
19 
a. Any person who intends to construct or operate a nuclear installation or to
20 
conduct related activities shall obtain an authorization from PARC consistent
21 
with the terms of this Act and applicable regulations.
22 
b. The PARC shall establish requirements for the reguiatory control of nuclear
23 
installations to include the following:
24 
i. Regulations for siting, design, construction, commissioning, operation,
25 
maintenance and decommissioning;
26 
ii. Regulations for public information, management system and
27 
authorization of installation operators;
28 
iii. Assessment and verification of safety and security by the facility operator
29 
and by PARC;
30 
iv. Financial and human resources necessary to ensure safety and security;
31 
and
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V. Human factors to be taken into account by the facility operator during 
the lifetime of the nuclear installation.
Sec. 34. Responsibility of an Authorized Person for atomic safety. - The 
authorized person shall bear the prime responsibility for ensuring nuclear safety and 
security of nuclear installation and of all activities and practices associated with it. 
Sec. 35. Decommissioning. - The PARC shall:
a. Establish requirements for the decommissioning of nuclear installations 
or radiation facilities, including:
i. 
Safety and environmental criteria, including conditions on the end 
state after decommissioning;
ii. 
Limits and conditions for the removal of regulatory control for 
nuclear installations or radiation facilities containing 
radionuclides;
Hi. Regulations for the clearance of radioactive material during and 
following decommissioning.
b. Ensure that relevant documents and records prepared by the facility 
operator are maintained for a specified period of time before, during and 
after decommissioning.
Sec. 36. Decommissioning Plan. -
a. At the design stage of a nuclear installation, the applicant for authorization to 
construct and operate a nuclear installation, shall prepare an initial 
decommissioning plan for approval by the PARC. The plan shall be 
commensurate with the type and status of the nuclear installation and the 
hazard that may be associated with the decommissioning.
b. The PARC shall require the facility operator to provide periodic reviews and 
updates of the decommissioning plan and shall specify the maximum time 
intervals between such reviews and updates.
23


1 
ARTICLE X
2 
SAFEGUARDS
3 
Sec. 37. Safeguards. - The PARC shall:
4 
a. Maintain a system of accounting for and control of atomic materials and
5 
establish requirements thereon;
6 
b. Fulfill the Philippines' obligation to the Non-Proliferation Treaty, the Safeguards
7 
Agreement, and related international treaties, conventions, agreements and
8 
protocols thereto;
9 
c. Ensure unimpeded access by designated IAEA inspectors and duly authorized
10 
representatives of the Philippine government agencies to any location or facility
11 
provided for under the Safeguards Agreement and any protocols thereto, with
12 
a view to conducting the verification activities authorized by these instruments;
13 
and
14 
d. Ensure cooperation and support to the IAEA by all National Government
15 
agencies and authorized persons in the application of safeguards measures.
16
17 
ARTICLE XI
18 
PHYSICAL PROTECTION AND SECURITY
19 
Sec. 38. Physical Protection and Security of Atomic and other Radioactive
20 
Material. — The PARC shall:
21 
a. Issue regulations to implement effective measures to prevent, detect, and
22 
respond to unauthorized acts involving atomic and other radioactive material
23 
that may cause injury to persons, property or the environment or otherwise
24 
jeopardize national security;
25 
b. Establish requirements for the physical protection of atomic material, in
26 
accordance with the provisions of this Act, and in compliance with the country's
27 
obligations as a party to the Convention on the Physical Protection of Atomic
28 
Material, the Amendment thereto, 
and other international 
treaties and
29 
conventions;
30 
c. Issue regulations for the protection of individuals, communities and the
31 
environment from the deleterious effects of radioactive sources; and
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1 
d. Coordinate with the relevant agencies of government and seek international
2 
cooperation to effectively implement these security measures.
3
4 
ARTICLE XII
5 
ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW
6 
Sec. 39. Notice and Conduct of Hearing. —
1 
In any proceeding for the grant, suspension, revocation or amendment of any
8 
authorization, or upon the issuance of an order, the PARC shall hold a hearing upon
9 
the request of any person whose interest may be affected and shall admit such person
10 
as a party to the proceeding.
11 
The hearings of the PARC may be open to the public and relevant stakeholders,
12 
except when warranted by considerations of security, national defense, or proprietary
13 
matters.
14 
Except in cases where immediate action is required in order to protect the
15 
health and safety of the public or the national interest, no order issued under Section
16 
23 of this Act shall become effective until after the licensee has been given prior notice
17 
for a hearing and the opportunity to be heard.
18 
Where an order suspending, revoking or modifying an authorization, or an order
19 
issued under Section 23 is made effective without prior notice for a hearing and
20 
opportunity to be heard, the order shall only be temporary pending the hearing and
21 
issuance of the PARC's final decision in the proceeding.
22 
Sec. 40. Orders and Decisions. — All orders and decisions of the PARC shall be
23 
in writing, stating clearly and distinctly the facts and issues involved and the reasons
24 
on which the PARC's order or decision is based. Such order and decisions shall be
25 
made available to the public.
26 
Sec. 41. Judicial Review.—The Court of Appeals shall have the power of judicial
27 
review over any final order or decision of the PARC and shall modify or set aside such
28 
order or decision when it clearly appears that there was no evidence before the PARC
29 
to support reasonably such order or decision, or that the same is contrary to law. Any
30 
such final decision or order may be reviewed by the Court of Appeals on the application
31 
of any party or other person affected thereby, by certiorari in appropriate cases, or by
32 
petition for review, in accordance with the Rules of Court, within such period as the
25


1 
PARC may rule or prescribe but not exceeding thirty (30) days from notice of such
2 
order or decision.
3 
An appeal shall not suspend the grant of authorization, but shall maintain the
4 
suspension or revocation of authorization until after the final disposition of the appeal
5 
by the Court of Appeals, unless said Court determines otherwise. Only questions of
6 
law on such order or decision may be reviewed by the Supreme Court.
7 
Sec. 42. Notice of Regulation. — No regulation adopted by the PARC shall be
8 
effective less than fifteen (15) days after publication of the regulation in any
9 
newspaper of general circulation, except, that if the PARC finds that health, safety,
10 
and security considerations or the national interest require otherwise, the regulation
11 
may be made effective immediately upon publication in the Official Gazette, or in a
12 
newspaper of general circulation, or upon furnishing copies of the regulation to the
13 
persons affected.
14 
Sec. 43. Incident Reports. — No report by any licensee of any incident arising
15 
out of or in connection with authorized activities made, pursuant to any requirement
16 
of the PARC, shall be admitted as evidence in any suit or action for damages growing
17 
out of any matter mentioned in such report.
18
19 
ARTICLE XIII
20 
CIVIL LIABILITY FOR ATOMIC AND RADIATION DAMAGE
21 
Sec. 44. Liability of the Operator. —The operator shall be liable for atomic
22 
damage upon proof that such damage has been caused by an atomic incident under
23 
the following circumstances:
24 
a. When the incident occurred in the operator's atomic installation:
25 
When the incident involved atomic material which came or originated
26 
from the operator's atomic installation, and occurred in either of the
27 
following circumstances:
28 
i. Before liability with regard to atomic incidents involving the atomic
29 
materiai has been assumed, pursuant to the express terms of a contract
30 
in writing, by another installation operator, or;
31 
ii. In the absence of such express terms, before another installation
32 
operator has taken charge of the atomic material.
26


1 
b. When the incident involved atomic material sent to the operator's atomic
2 
installation, and occurred in either of the following circumstances;
3 
i. After the liability with regard to atomic incidents involving the atomic
4 
material has been assumed by the operator pursuant to the express
5 
terms of a contract in writing, from another installation operator; or
6 
ii. In the absence of such express terms, after the operator has taken
7 
charge of the atomic material: Provided, that if atomic damage is caused
8 
by an atomic incident that occurred in an atomic installation and which
9 
involved atomic material stored therein incidental to the carriage of such
10 
material, the provisions of paragraph (a) of this Section shall not apply
11 
where another installation operator or person is solely liable pursuant to
12 
the provisions of paragraph (b) or (c) of this Section.
13 
c. Any provision in this Section to the contrary notwithstanding, the installation
14 
operator shall be liable for atomic damage upon proof that such damage has
15 
been caused by an atomic accident involving atomic material in the course of
16 
carriage either to an atomic installation located in the territory of a State not
17 
party to an international convention on civil liability for atomic damage to which
18 
the Philippines is a party; or when the atomic material was being transported
19 
from the Philippines to an operator in another country that is a Contracting
20 
Party to the Vienna Convention.
21 
For the purpose of this Act, whenever the damage, whether it was caused
22 
purely by an atomic incident or by an atomic incident and one or more other
23 
occurrences, such other damage shall, to the extent that it is not reasonably separable
24 
from the atomic damage, be deemed to be atomic damage caused by that atomic
25 
incident. Where the damage is caused both by atomic incident covered by this Section
26 
and by an emission of ionizing radiation not covered by it, nothing in this Section shall
27 
limit or otherwise affect the liability, either as regards any persons suffering atomic
28 
damage or by way of recourse or contribution of any person who may be held liable
29 
in connection with that emission of ionizing radiation.
30 
Sec. 45. Absolute and Exclusive Liability. —
31 
a. The liability of the installation operator for atomic damage shall be absolute.
27


1 
b. The installation operator shall not be liable for atomic damage caused by an
2 
atomic incident directly due to a grave natural disaster of an exceptional
3 
character.
4 
c. Except as otherwise provided in this Act, no person other than the installation
5 
operator shall be liable for atomic damage.
6 
Sec. 46. Recourse Actions. — The installation operator shall have a right of
7 
recourse only:
8 
a. If there is such a right pursuant to the express provision of a written contract
9 
with the other installation operator; or
10 
b. If the atomic incident results from an act or omission done with intent to cause
11 
damage against the individual who has acted or omitted to act with such intent.
12 
Sec. 47. Gross Negligence or Intentional Act of Claimant — If the atomic
13 
damage resulted wholly or partly either from the gross negligence of the person
14 
suffering the damage or from an act or omission of such person done with intent to
15 
cause damage, the Court may relieve the installation operator from the obligation to
16 
pay compensation in respect of the damage suffered by such person.
17 
Sec. 48. Exceptions to Liability. - An installation operator shall not be liable for
18 
any atomic damage caused by an atomic accident directly due to hostilities, armed
19 
conflict, civil war or insurrection.
20 
Sec. 49. Limit of Liability. — The liability of the installation operator for atomic
21 
damage under this Act shail be limited to an amount in Philippine pesos, which is
22 
equivalent to Four Hundred Million Special Drawing Rights (SDRs) for any one atomic
23 
incident, exclusive of interest or costs which may be awarded by the Court in actions
24 
for compensation of such atomic damage. The amount may be subject to change, as
25 
determined by the PARC, in accordance with international conventions ratified by the
26 
Philippines.
27 
Sec. 50. Exemption from Liability. — The installation operator shall not be liable
28 
under this Act for atomic damage either to the atomic installation itself or to any
29 
property on the site of that installation, which is used or to be used in connection with
30 
that installation, or to the means of transport upon which the atomic material involved
31 
was located at the time of the atomic incident.
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Sec. 51. Exclusions. —The PARC may, if it determines that the smali extent of 
the risk involved so warrants, exclude by regulation any small quantity of atomic 
material from the application of the provisions in this Article XIII: Provided, that 
maximum limits for the exclusion of such quantities have been established by the 
Board of Governors of the International Atomic Energy Agency: Provided, further, that 
any exclusion must be within the limits so established.
Sec. 52. Certificate to Carrier. —In accordance with such regulations as the 
PARC may issue, the appropriate installation operator shall provide the carrier, which 
furnishes carriage of atomic material, with a certificate issued by or on behalf of the 
insurer or other financial guarantor furnishing the financial security.
Sec. 53. Liabiiity of Several Installation Operators. — Where atomic damage 
engages the liability of more than one installation operator, the following rules shall 
apply:
a. In so far as damages attributable to each installation operator are not 
reasonably separable, the installation operators involved shall be jointly and 
severally liable;
b. In case the atomic incident occurs in the course of carriage of atomic 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 atomic installation, and causes 
atomic damage which engages the liability of more than one installation 
operator, the total liability shail not exceed the highest amount applicable with 
respect to any of the concerned operators, and in accordance with Section 44 
of this Act; and
c. 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 44 hereof.
Sec. 54. Operator of Several Installations. — Subject to the provisions of 
Section 48, where several atomic instaliations of one and the same instaliation 
operator are involved in one atomic incident, such installation operator shall be liable 
in respect to each atomic installation involved, up to the amount applicable provided 
in Section 44 of this Act.
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Sec. 55. Carrier or Handler of Atomic Material as Installation Operator. — The 
PARC may, subject to such terms and conditions as it may subscribe by regulation or 
order, designate a carrier of atomic material or a person handling radioactive waste, 
upon the carrier's request and with the consent of the installation operator concerned, 
as installation operator in the place of the installation operator in respect of such 
atomic 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. 56. Court Having Jurisdiction. —The Regional Trial Court having 
jurisdiction over the place where the atomic incident occurs shall have jurisdiction to 
determine claims for compensation for such atomic damage under this Act.
Sec. 57. Intervention of PARC in Court Proceedings. —When, after the 
occurrence of an atomic incident, it appears that the Government will have to pay 
indemnity, the Court having jurisdiction over the claims for compensation arising from 
the atomic incident, shall, at any time before final judgment, allow the PARC, upon its 
petition, to intervene in the proceedings with respect to technical issues.
Sec. 58. Compulsory Processes. —After the occurrence of an atomic incident 
for which it appears compensation may be payable under this Act, the PARC 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 atomic incident, 
which measures may include summons to such persons to submit themselves to 
examination before such authority or body as shall be designated by the PARC within 
three (3) 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. 59. Investigation of Atomic Incidents. - The PARC shall investigate the 
cause and extent of any atomic 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.
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ARTICLE XIV
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TRANSITORY PROVISIONS
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SEC. 60. The Philippine Atomic Research Institute.-
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a. The 
Philippine Nuclear Research Institute (PNRI) herein renamed and
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henceforth referred to as the Philippine Atomic Research Institute (PARI), shall
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be the scientific atomic organization in the country and continue its mandate
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to foster atomic research and development, including atomic safety research,
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pursuant to the objectives of Executive Order No. 128, series of 1987. Likewise,
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PARI shall continue to function as one of the Research and Development
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Institutes of the Department of Science and Technology.
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b. The regulatory function of the PNRI is hereby transferred to the PARC.
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c. The regulatory functions of the PNRI, which were inherited from the former
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Philippine Atomic Energy Commission by virtue of RA 2067, as amended, and
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RA 5207, as amended. Executive Order No. 128 and Executive Order No.366,
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are deemed transferred to the PARC.
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d. The 
development, promotion, and use of atomic energy for peaceful
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applications shall remain the responsibility of the Institute, whereupon the
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Director of the Institute shall, in coordination with the DBM, draw up its new
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organizational structure in accordance with existing laws and civil service rules
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and regulations.
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e. All regulations, rules, orders previously established by the PNRI shall remain in
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force until superseded by the PARC by appropriate orders or issuances.
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Sec. 61. The Center for Device Regulation, Radiation, Health and Research. -
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a. The regulatory functions of the Center for Device Regulation, Radiation, Health
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and Research (CDRRHR) of the DOH over devices generating ionizing radiation
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by virtue of RA 9711 otherwise known as "The Food and Drug Administration
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Act of2009", are deemed transferred to the PARC.
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b. This Act shall in no way prevent the DOH or its line agencies from imposing
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additional requirements for the regulation of medical and health-related devices
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in the interest of public health and safety as provided for by law.
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c. The administrative supervision of the CDRRHR shall remain with the DOH.
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d. All regulations, rules, orders pertaining to ionizing radiation previously
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established by the CDRRHR shall remain in force until superseded by the PARC.
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Sec. 62. Human Resources. —All plantilla positions of the Nuclear Regulatory
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Division of the PNRI, DOST are hereby transferred to the PARC. Thereafter, all powers,
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functions and duties, records, files, and assets pertaining to regulation of atomic and
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radioactive materials and facilities of the PNRI shall be transferred to the PARC. All
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plantilla positions of the Radiation Regulation Division of the Center for Device
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Regulation, Radiation, Health and Research (CDRRHR) of the DOH which have
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responsibilities solely in ionizing radiation regulation are also hereby transferred to the
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PARC. Thereafter, all powers, functions and duties, records, files, and assets of these
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organizational units shall be transferred to the PARC.
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RA 6656 or the Government Reorganization ActshdW govern the reorganization
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of the affected personnel of the Nuclear Regulatory Division of the PNRI and the
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Radiation Regulation Division of the CDRRHR.
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There shall be no diminution of rank, salaries, allowances and benefits of all
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personnel transferred to the PARC. In case of a difference in the above benefits
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between the transferred employees of the two agencies, the higher amount shall be
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adopted. New employees of the PARC shall be entitled to the same allowances and
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benefits as the transferred employees.
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The PARC shall draw up its organizational structure with the necessary
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qualification requirements and standards in accordance with the Civil Service Law
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(CSC), rules and regulations for evaluation and approval of the DBM within three (3)
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months upon submission with the CSC.
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Sec. 63. Magna Carta for Science and Technology Personnel. — Qualified
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employees of the PARC and its attached units shall be covered by RA 8439, otherwise
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known as the "Magna Carta for Scientists, Engineers, Researchers and other Science
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and Technology Personnel in the Government"
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ARTICLE XV
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PENAL PROVISIONS
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Sec. 64. Violation of Specific Provisions of the Act. — Any person who willfully
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violates, attempts to violate, or conspired to violate, any provision of Section 16 of
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this Act shall upon conviction thereof, suffer the penalty of imprisonment of not more
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than five (5) years or a fine ranging from One million pesos (PHP 1,000,000.00) to
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Five million pesos (PHP 5,000,000.00), or both.
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Sec. 65. Violation of Other Provisions of this Act. — Any person who willfully
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violates, attempts to violate, or conspires to violate any provision of this Act for which
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no penalty is specifically provided, or of any regulation, order or authorization issued
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under this Act shall, upon conviction thereof, suffer the penalty of imprisonment of
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not more than two (2) years or a fine of not more than five hundred thousand pesos
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(PHP 500,000.00), or both.
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ARTICLE XVI
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FINAL PROVISIONS
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Sec. 66. Appropriations. — The amount necessary to cover the initial
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implementation of this Act shall be charged against the current year's appropriations
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of the Nuclear Regulatory Division of the PNRI and the Radiation Regulation Division
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of the CDRRHR responsible for ionizing radiation regulation. Thereafter, such sums as
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may be necessary for the continued implementation of this Act shall be included in the
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annual General Appropriations Act.
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In addition, the PARC is authorized to receive contributions, grants, bequests,
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gifts, and donations, in cash or in kind, whether from local or foreign sources:
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Provided, that acceptance of grants, bequests, contributions, and donations from
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foreign governments shall be subject to the approval of the President of the
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Philippines, upon the recommendation of the Commissioner of the PARC and the
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Secretary of the Department of Foreign Affairs (DFA).
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Sec. 67. Implementing Rules and Regulations (IRR). — The PARC, in
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consultation with the DOST, DBM and the CSC shall issue within one hundred eighty
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(180) days from the effectivity of this Act, the rules and regulations necessary to
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effectively implement its provisions.
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Sec. 68. Separability Clause. — If any provision of this Act shall be declared
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unconstitutional or invalid, the other provisions not otherwise affected shall remain in
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full force and effect.
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Sec. 69. Repealing Clause. — The pertinent provisions of RA 2067, otherwise 
known as the""Science Act of1958" as amended, RA 5207, as amended by PD 1484 
otherwise known as the "Atomic Energy Regulatory and Liability Act of 1968" RA 
9711, otherwise known as the "Food and Drug Administration Act of2009" Executive 
Order No. 128, Series of 1987 on "Reorganizing the National Science and Technology 
Authority"dive hereby repealed. All other laws, executive orders, proclamations, rules, 
regulations, and other issuances or parts thereof, which are contrary to, or 
inconsistent with, the provisions of this Act are hereby repealed or amended 
accordingly.
Sec. 70. Effectivity. —This Act shall take effect fifteen (15) days from its 
complete publication in the Official Gazette or in two (2) newspapers of general 
circulation in the Philippines.
Approved,
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