Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.

SU
Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

ee
EXPLANATORY NOTE

6316

Filipinos have long faced the problem of high financial burdens.
Included and which may also be considered as a colossal part of said
financial burdens is the cost of electricity in our country. In fact, the
Philippines is part of the top 5 countries in Asia with the highest power
rates.

In an effort to provide cheaper electricity for the benefit of the Filipino
citizens by utilizing cheap and reliable energy sources, this Bill
establishing a regulatory body focused on the use and application of
nuclear energy is hereby proposed. The establishment of this regulatory
body will not be focused only on creating cheap and reliable alternative
sources of electricity but will have a vast coverage that will touch on issues
regarding public health and safety, and protection of the environment in
relation with nuclear energy.

This Bill seeks to create an autonomous regulatory body which shall
exercise authority over all aspects of safety, security and safeguards
involving nuclear and other radioactive materials, facilities and radiation
generating equipment. Through said regulatory body, overall aspects of
safety, security and safeguards involving nuclear and other radioactive
materials, facilities and radiation generating equipment will be
strengthened in an effort to protect public health, safety, security, and the
integrity of the environment. This includes but is not limited to, the control


of peaceful uses and application of nuclear energy in order to strengthen
science and technology and boost industrial growth, harmonization of
Philippines’ nuclear regulatory structure with other countries and ensure
consistency with the nation’s obligations under relevant international
instruments and modernize then nuclear civil liability and compensation
regime in line with internationally-accepted standards.

In view of the foregoing, the passage of this Bill is earnestly sought.

Qed
ERIC OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

6:
House Bill No. 386

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

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

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

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Short Title. -This Act shall be known as the
“Comprehensive Nuclear Regulation Act”.

SECTION 2. Declaration of Policy - It is hereby declared to be the policy
of the State to:

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

(b) Recognize the potentially harmful effects of ionizing radiation resulting
from improper use, accidents, or malicious acts;

(c) Protect individuals, society, and the environment from the potentially
harmful effects of ionizing radiation, including those resulting from
improper use, accidents or malicious acts;


(a)

(e)

(b)

(c)

(4)

Establish and maintain a legal and regulatory framework for the regulation
and control of peaceful uses of 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.

SECTION 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) for the
Purpose of exercising regulatory control over the peaceful uses of ionizing
radiation in the territory or area under the jurisdiction or control of the
Republic of the Philippines, including the production, possession, use,
import, transport, transfer, handling, and management of radioactive
materials, or other activities or practices identified by the PNRC;

To establish and maintain a regulatory system for the formulation and
adoption of regulations and guides on the use of ionizing radiation that
specify the principles, 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, United Nations


(a)

(b)

(a)

(b)

()

(a)

(e)

Resolutions on Nuclear Security, and other relevant international
instruments entered into by the Republic of the Philippines.

SECTION 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 PNRC.

SECTION 5. Definitions. -As used in this Act:

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

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;

Decommissioning refers to the administrative and technical actions
taken to allow the removal of some or alll 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 radio
nuclides 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;

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;


()

(h)

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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 control through the

regulatory instrument in question.

Exemption refers to the determination by the PNRC 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;

Facilities refer to nuclear installations or radiation facilities in which

People may be exposed to ionizing radiation. These include:

1) uranium mining and raw material Processing facilities such as
uranium mines;

2) enrichment and fuel manufacturing plants;

3) nuclear power plants;

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) 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 refer to any organization or person applying for

authorization or authorized or responsible for nuclear, radiation,

radioactive waste or transport safety when undertaking activities or in

relation to any nuclear facility or source of ionizing radiation. This

includes, inter alia, private individuals, governmental bodies, consignors

or carriers, licensees, hospitals, and self-employed persons;

Income refers to the fees and other payments given to the PNRC in the

conduct of its regulatory functions;

Individual operator refers to any individual who manipulates the

controls of a nuclear installation and radiation facility;


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(0)

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(r)

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

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

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

License refers to a legal document issued by the PNRC granting
authorization to perform specified activities related to facilities or
activities; or any authorization granted by the PNRC to the applicant to
have the responsibility for the siting, 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 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, anuclear
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:


(w)

&)

7)

(2)

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);

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 the energy

resulting from a nuclear chain reaction or from the decay of the products
of a chain reaction; or 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;

Physical protection refers to technical and organizational measures for

Protection from nuclear material or authorized facilities designed to


(aa)

(bb)

(cc)

(dd)

(ee)

(ff)

(gg)

(hh)

prevent unauthorized access to 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 PNRC 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.,
ray generating equipment) or that would, if assembled or repaired, be
capable of producing ionizing radiation when energized or an equipment
as the PNRC shall from time to time determine;

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;


(ii)

wi)

(kk)

(au)
(mm)

(nn)

(00)

(pp)

(aq)

10

Radioactive waste disposal refers to the permanent emplacement of
radioactive waste in a suitable facility or installation without intent to
retrieve it;

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 containment, with the intention of retrieval at a future
date;

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 Philippine Nuclear Regulatory Commission created
under Article I, Sec. 6 of this Act, 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 may be registered are those undertaken in facilities
whose design and equipment ensure safety, or those whose operating
Procedures are simple and easy to follow, those that require minimal safety
training, or those that historically have produced minimal safety problems;

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;

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;

Source refers to anything that may cause radiation exposure — such as.
by the emission of ionizing radiation or by the release of radioactive


(rr)

(ss)

(tt)

(uu)

1

substances or material — that can be treated as a single entity for
protection and safety purposes;

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;

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 Philippine Nuclear Regulatory Commission;

Spent nuclear fuel refers to nuclear fuel that has been irradiated in and
permanently removed from a reactor core; and

Technical and scientific support organization refers to an external
organization or group of experts who are not part of the Philippine Nuclear
Regulatory Commission’s permanent staff from whom it may seek advice
or recommendations in the conduct of its regulatory responsibilities,

ARTICLE II
THE PHILIPPINE NUCLEAR REGULATORY COMMISSION
SECTION 6. Creation and Mandate of the Philippine Nuclear

Regulatory Commission.There is hereby created an independent central
nuclear regulatory body to be known as the Philippine Nuclear Regulatory
Commission (PNRC) that shall exercise authority over all aspects of safety,
security, and safeguards involving nuclear materials and other radioactive
materials, facilities, and radiation generating equipment.

SECCTION 7. Regulatory Policy. - In issuing authorizations and other

regulations under this Act, the PNRC shall:

(a)

(b)

()

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, rules and orders consistent with
relevant international standards and best practices; and


(a)

(a)

(b)

(co)

(a)

(e)

(

(g)

(h)

(i)

@

(k)

12

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

SECTION 8. Functions of the PNRC. - The PNRC shall:

Define, formulate, develop, and issue policies, regulations, standards, and
other issuances necessary for the 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 22 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;

Cooperate with other governmental or non-governmental bodies that are
competent in such areas as health and safety, environmental protection,
Security, and transportation of nuclear and related dangerous goods;

Act as the national authority on nuclear safety, security and regulatory
matters relative to the International Atomic Energy Agency (IAEA), foreign


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(m)

(n)

(0)
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(r)
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(u)

(v)

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governments, 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 incidents, accidents, and abnormal occurrences;
Exercise regulatory control with respect to ionizing radiation sources,
including issuing authorization;

Establish and maintain a national register of radiation sources;

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

Cooperate with the IAEA in the application of safeguards in accordance
with the Safeguards Agreement, and any protocols thereto, between the
Republic of the Philippines and the IAEA, including conducting
inspections and visits, carrying out complementary access and providing
any assistance or information required by designated IAEA inspectors in
the fulfillment 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 a State and the IAEA;

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


14

of atomic energy facilities, materials or any activity jointly with the authorized
representatives of the PNRC when the national security of the State is involved,

SECTION 9. Management System. - The PNRC shall establish,
implement, and assess a management system that is aligned with its safety goals
and contributes to its achievement. The PNRC shall ensure that regulatory
control is stable and consistent.

SECTION 10. Organizational Structure of the PNRC. —The PNRC 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 four (4) Deputy Commissioners who shall be
appointed by the President with a rank equivalent to Assistant Secretary, and
who shall serve a term of five (5), four (4), three (3) and two (2) years, respectively.
Thereafter, the successors shall be appointed to serve for five (5) years. The four
deputy commissioners shall represent the following sectors: (a) health, (b)
energy, (c) defense and security, and (d) industry which shall include research,
industry, agriculture, and environment. The commissioner may come from any
of the aforesaid sectors.

The Commissioner or at least one (1) Deputy Commissioner 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 members of the PNRC shall not be removed from office except for just
cause and after due process as provided by law.

For the proper management and effective implementation of the objectives
of the PNRC, an Executive Director shall be appointed by the President upon the
recommendation of the Commissioner, and shalll perform the following functions:
(a) Assist the Chairperson in the discharge of the executive and administrative

functions;

() Coordinate and direct the activities of the staff and be responsible for the
day-to-day management of the affairs and activities of the PNRC;

(c)_ Recommend and develop plans to achieve the PNRC's objectives; and

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


15

All other officials and employees of PNRC shall be appointed by the
Chairperson subject to the civil service laws, rules and regulations.

SECTION 11. Official Site of PNRC. - A land area equivalent to at least
ten (10) hectares out of the area of lands which are under the administration of
the Bases Conversion and Development Authority (BCDA) within the Clark
Special Economic Zone in Pampanga and Tarlac, shall be allocated exclusively
for the PNRC office: Provided, That the PNRC shall establish additional offices in
Strategic areas as it may deem necessary: Provided further, That the boundaries
and technical descriptions of these land areas shall be determined by an actual
and joint group survey.

SECTION 12. Fees and Charges. ~ The PNRC is 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 PNRC deems appropriate. The fees and charges collected by the
PNRC shall be deposited with the Bureau of the Treasury as income of the
general fund pursuant to Section 44, Chapter 5, Book VI of Executive Order. No.
292, s. 1987.

SECTION 13. Nuclear Waste Management Fund. - A portion of the
Payment of the electricity generated from the use of nuclear energy shalll be set
aside to establish a Nuclear Waste Management Fund in view of the importance
of nuclear waste disposal and spent fuel. The Fund shall be held in escrow and
can only be utilized for the safe disposal of the nuclear waste which shall include
siting research, transport, and final geological disposal. Such payment portion
shall be determined by the PNRC based on international practice.

SECTION 14. Technical and Scientific Support Organizations. -The
PNRC is authorized to seek expert opinion and recommendations from
independent technical and scientific support organizations that do not pose a
conflict of interest, or improperly influence the PNRC’s regulatory decision
making, Any advice offered shall not relieve the PNRC of its responsibilities under
this Act, other relevant laws, and applicable regulations.

SECTION 15. Establishment of an Advisory Board.- There shall be
established an advisory board to assist and advise the Commissioners on 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 not more than twelve (12) members as follows:


a) Secretary of the Department of Science and Technology, as
Chairperson;
b) Secretary of the Department of Health, as Vice Chairperson;
c) Secretary of the Department of Energy, as Member;
) Secretary of the Department of Environment and Natural Resources,
as Member;
¢) Secretary of the Department of National Defense, as Member;
f) Secretary of the Department of Trade and Industry, as Member;
8) Secretary of the Department of Agriculture, as Member; and
h) A maximum of five (5) experts from the academe or non-government
organizations, or both.
The advice of the Board shall not be disregarded by the PNRC in its
decisions or resolutions: Provided, however, That the decision of the PNRC shall
prevail. The PNRC shall be ultimately accountable for its decisions and actions.

The Advisory Board may be convened anytime by the Chairperson, or upon
the request of the PNRC.

ARTICLE III

REGULATION AND AUTHORIZATION OF NUCLEAR INSTALLATIONS AND
RADIATION FACILITIES

SECTION 16. Activities Subject to Authorization. - It shall be unlawful
for any person to transfer, construct, receive, own, possess, operate, import or
export any nuclear installation and radiation facility except under an
authorization issued by the PNRC. A person or organization shall be required
specific authorization issued by the PNRC to conduct any of the following
activities or practices:

() Transfer, receipt, acquisition, ownership, possession, or use of nuclear or
radioactive material for medical, industrial, agricultural, and research
applications;

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

(c) Production of radioactive materials from particle accelerators;

(@) Operation and maintenance of ionizing radiation facilities for scientific
research, industrial, and medical purposes;


fe)
@

(g)

(@)

(b)

7

Siting, construction, commissioning, operation, _ dismantling,
decommissioning, and closure nuclear installations;

Transport of nuclear or radioactive materials to, within, and from the
Philippines; and,

Engaging in or provision of nuclear technical services.

SEC.TION 17. Requirement for Authorization.

Any person who intends to engage in any activity or practice mentioned in
the immediately preceding section shall submit an application to the PNRC
indicating its intention to carry out such activity or practice in the form
and within the time limits prescribed by the PNRC;

No authorization to acquire, own, or operate any nuclear 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 a nuclear
installation and radiation facility only if at least 60% of its capital stock is
owned by Filipino citizens.

SECTION 18. Licensing Process and Conditions for Issuance of

Authorization. - The PNRC shall provide for the licensing process and the
conditions for the issuance of the appropriate authorization in the rules and
regulations (IRR) to be issued to implement this Act.

(a)

(b)

()

SECTION 19. Responsibilities of the Authorized Person. -

Any person authorized to conduct the activities or practices specified in
Section 16 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.

Any person authorized to conduct activities or practices shall provide the
PNRC with any requested assistance in the performance of its regulatory
functions.

Any person who intends to discontinue the conduct of activities so
authorized by the PNRC shall duly inform the latter at least six (6) months
prior to actual cessation of those activities or practices.


SECTION 20. Provisional Authorization. — In all cases of application
for authorization to construct a facility, if the PNRC 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, it shall issue the appropriate authorization to
operate the facility: Provided, That in cases where there is insufficient data or
information on health, safety, and security, or if there is a need to generate or
validate such data or information, the PNRC may issue a provisional authority
to operate such facility for as long as in its determination, 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: Provided,
however, That the provisional authority to operate the facility shall cover a period
not to exceed one (1) year.

SECTION 21. 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, and obtaining approval for rates
and services from the appropriate agency: Provided, however, That upon
certification by the PNRC, 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 Republic Act No, 5186, otherwise known as the
“Investment Incentives Act.”

SEC.TION 22. Inspections and Enforcement. —

(a) The PNRC shall implement a system of inspection of nuclear and radiation
facilities and transport based on the provisions of this Act to verify
compliance with the applicable requirements and conditions of any
authorization issued under Section 16.

(0) The PNRC 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 to be issued pursuant to this Act,


19

(c) Where the PNRC 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 59 and 60 of this Act,
it_may impose by order any of the following penalties in conformity with
the proceedings provided for in Section 23: suspension, modification, and
revocation of authorization, or imposition of a civil monetary penalty.
SECTION 23. Suspension, Modification, and Revocation of

Authorizations—Any authorization issued pursuant to this Act may be

Suspended, modified or revoked by the PNRC in the event of a willful 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

PNRC 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 PNRC 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 shall give its consent in writing,

Upon the suspension, revocation, or expiration of an authorization which
is not renewed, and pursuant to PNRC 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 PNRC may take temporary custody of any
nuclear and other radioactive material and facility held by the licensee pending
their appropriate and lawful disposition by or for the licensee.


(a)

(b)
(c)

(a)

fe)

20

ARTICLE IV
RADIATION PROTECTION

SECTION 24. Regulation to Ensure Radiation Safety. -

The PNRC 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 considered; and

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

The PNRC shall establish dose limits for persons that may not be exceeded

in conducting activities under regulatory control;

The PNRC shall identify sources or practices to be exempted from

regulatory control.

The PNRC shall establish clearance levels below which radioactive material

within authorized activities and practices can be released from regulatory

control;

The PNRC 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

The PNRC shall promulgate appropriate regulations and related guidelines

to address all issues and concerns related to exposure to ionizing radiation

from natural sources.

SECTION 25. Responsibilities of Authorized Persons in Radiation

Protection.

(a)

(b)

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

Authorized persons shall ensure compliance with the requirements and
dose limits established by the PNRC 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-;


a

() 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

SECTION 26. 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 PNRC.

SECTION 27. Emergency Preparedness and Response.The PNRC
shall:

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

(0) Coordinate the task of the radiological emergency response organization of
the PNRC 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

(c) 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

SECTION 28. Regulation in the Transport of Nuclear and Other
Radioactive Material.-The PNRC 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 consistent with the
International Atomic Energy Agency (IAEA) regulations for the safe and secure
transport of radioactive material.

SECTION 29. Requirements for Authorization. - No person shall
engage in the transport of radioactive material without an authorization issued
by the PNRC.


ARTICLE VII
IMPORT AND EXPORT OF NUCLEAR
AND OTHER RADIOACTIVE MATERIALS
SECTION 30. Export or Import Control. ~ The PNRC shall:

(a) Establish regulatory requirements and relevant guides for the exportation
and importation of nuclear and other radioactive materials which require
licensees, inter alia to:

@) Secure an authorization from the PNRC prior to exportation or
importation with the assurance of applying safeguards and physical
Protection measures to protect public health, safety and security;
Ensure before importation 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
Ensure before exportation that the importing country has the
necessary and appropriate technical and administrative capability,
resources and regulatory infrastructure to ensure the safe and secure
management of the requested nuclear and other radioactive material,
particularly disused sources; and
(b) Coordinate with relevant agencies of government and establish

appropriate formal mechanisms for coordination to effectively implement

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

MANAGEMENT OF SPENT NUCLEAR FUEL AND OTHER
RADIOACTIVE WASTE

SEC. 31. Regulation of Radioactive Waste and Spent Nuclear Fuel
Management. - To ensure the safe and secure management of radioactive waste
and spent fuel, the PNRC shall establish:

(2)

@)

(a) 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;


23

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

(c) 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

(d) 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
SECTION 32. Safeguards. - The PNRC shall:

(a) Maintain a system of accounting for and control of nuclear materials and
establish requirements thereon;

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

(c) 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

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

SECTION 33. Physical Protection and security of nuclear and other
radioactive material. - The PNRC shall:

a) Issue regulations 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 or otherwise
jeopardize national securi

b) Establish requirements for the physical protection of nuclear material, in
accordance with the provisions of this Act, and in compliance with the
country’s obligations as a party to the Convention on the Physical Protection
of Nuclear Material, the Amendment thereto, and other international treaties
and conventions;



24

¢) Issue regulations for the protection of individuals, communities and the
environment from the deleterious effects of radioactive sources;
4) Coordinate with the relevant agencies of government and seek international
cooperation to effectively implement these security measures.
ARTICLE X

ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW
SECTION 34. Notice and Conduct of Hearing.

In any proceeding for the grant, suspension, revocation or amendment of
any authorization, or upon the issuance of an order, the PNRC 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.

The hearings of the PNRC 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 23 of this Act shall become effective until after the licensee has been
given prior notice for a hearing and the opportunity to be heard.

Where an order suspending, revoking or modifying an authorization, or an
order issued under Section 23 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-PNRC’s final decision in the proceeding.

SECTION 35. Orders and Decisions. ~ All orders and decisions of the
PNRC shall be in writing, stating clearly and distinctly the facts and issues
involved and the reasons on which the PNRC’s order or decision is based. Such
order and decisions shall be made available to the public.

SECTION 36. Judicial Review. - The Court of Appeals shall have the
Power of judicial review over any final order or decision of the PNRC rendered
under Section 35 of this Act and shall modify or set aside such order or decision
when it clearly appears that there was no evidence before the PNRC 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,


25

or by petition for review, in accordance with the Rules of Court, within such
Period as the PNRC may rule or prescribe but not exceeding thirty (30) 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.

SECTION 37. Notice of Regulation. - No regulation adopted by the PNRC
Shall be effective less than fifteen (15) days after publication of the regulation in
any newspaper of general circulation, except, that if the PNRC finds that health,
safety, and security considerations or the national interest require otherwise, the
regulation may be made effective immediately upon publication in the Official
Gazette, or in a newspaper of general circulation, or upon furnishing copies of
the regulation to the persons affected,

SECTION 38. 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 PNRC 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

SECTION 39. Liability of the Operator.-The operator shall be liable for
nuclear damage upon proof that such damage has been caused by a nuclear
incident under the following circumstances:

fa) When the incident occurred in the operator’s nuclear installation;

(b) When the incident involved nuclear material which came or originated
from the operator’s nuclear installation, and occurred in either of the
following circumstances:

(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.

(ce) When the incident involved nuclear material sent to the operator’s nuclear
installation, and occurred in either of the following circumstances:


(4)

(e)

(a)
(b)

26

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

(2) in the absence of such express terms, after the operator has taken
charge of the nuclear material: Provided, That if nuclear damage is
caused by a nuclear incident that occurred in a nuclear installation
and which involved nuclear material stored therein incidental 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 either 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 when
the nuclear material was being transported from the Philippines to an
operator in another country that is a Contracting Party to the Vienna
Convention.
For the purpose of this Act, whenever the damage, whether it was caused
purely by a nuclear incident or 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 to be nuclear
damage caused by that nuclear incident. Where the damage is caused both
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.

SECTION 40. Absolute and Exclusive Liability.-

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

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


27

(c) Except as otherwise provided in this Act, no person other than the
installation operator shall be liable for nuclear damage.
SECTION 41. 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.

SECTION 42. 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
the obligation to pay compensation in respect of the damage suffered by such
person.

SECTION 43. Exceptions to Liability. An installation operator shall not
be liable for any nuclear damage caused by a nuclear accident directly due to
hostilities, armed conflict, civil war or insurrection,

SECTION 44. 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) for any one nuclear incident, exclusive of interest or costs which may be
awarded by the Court in actions for compensation of such nuclear damage. The
amount may be subject to change, as determined by the PNRC, in accordance
with international conventions ratified by the Philippines.

SECTION 45. Exemption from Liability. - The installation operator shall
not be liable under this Act for nuclear damage either 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

to the means of transport upon which the nuclear material involved was located
at the time of the nuclear incident.

SECTION 46, Exclusions. ~The PNRC may, if it determines that the small
extent of the risk involved so warrants, exclude by regulation any small quantity
of nuclear material from the application of the provisions in this Article XIII:


28

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.

SECTION 47. Certificate to Carrier. -In accordance with such
regulations as the PNRC may issue, the appropriate installation operator shall
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.

SECTION 48. Liability of Several Installation Operators.-Where
nuclear 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 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 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.

SECTION 49. Operator of Several Installations.-Subject to the
provisions of Section 48, 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 to each nuclear installation involved, up to the
amount applicable provided in Section 44 of this Act..

SECTION 50 .Carrier or Handler of Nuclear Material as Installation
Operator. ~ The PNRC may, subject to such terms and conditions


29

as it may subscribe by regulation or order, designate a carrier of nuclear 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 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.

SECTION 51. 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.

SECTION 52. Intervention of PNRC 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, at any time before final judgment, allow
the PNRC, upon its petition, to intervene in the proceedings with respect to
technical issues.

SECTION 53. Compulsory Processes. ~After the occurrence of a nuclear
incident for which it appears compensation may be payable under this Act, the
PNRC 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 PNRC 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.

SECTION 54. Investigation of Nuclear Incidents. - The PNRC shall
investigate 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.


(a)

(b)
©

@

)

30

ARTICLE XII
TRANSITORY PROVISIONS
SECTION 55. The Philippine Nuclear Research Institute.

The Philippine Nuclear Research Institute (PNRI) shall be the scientific
nuclear organization in the country 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.
Likewise, it shall continue to function as one of the research and
development institutes of the Department of Science and Technology.

The regulatory function of the PNRI is hereby transferred to the PNRC;
The regulatory functions of the PNRI which were inherited from the former
Philippine Atomic Energy Commission by virtue of Republic Act No. 2067,
as amended, and Republic Act No. 5207, as amended, Executive Order
No.128 and Executive Order No.366, are deemed transferred to the PNRC.
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, in coordination with the DBM, draw up
its new organizational structure in accordance with law and civil service
rules and regulations;

Previous regulatory issuances ~ all regulations, rules, orders previously
established by the PNRI shall remain in force until superseded by the
PNRC by appropriate orders or issuances.

SECTION 56. The Center for Device Regulation, Radiation, Health

and Research.

(a)

(b)

(0)

The regulatory functions of the Center for Device Regulation, Radiation,
Health and Research (CDRRHR) of the Department of Health (DOH) over
devices generating ionizing radiation by virtue of Republic Act No. 9711
otherwise known as “The Food and Drug Administration Act of 2009”, are
deemed transferred to the PNRC.

This Act shall in no way prevent the DOH 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 administrative supervision of the CDRRHR shall remain with the
DOH.


31

(@ All regulations, rules, orders pertaining to ionizing radiation previously
established by the CDRRHRR shall remain in force until superseded by
the PNRC.

SECTION 87. Human Resources. - All plantilla positions of the Nuclear
Regulatory Division of the PNRI, DOST are hereby transferred to the PNRC.
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 PNRC. All plantilla positions of the Radiation
Regulation Division of the Center for Device Regulation, Radiation, Health and
Research (CDRRHR) of the DOH which have responsibilities solely in ionizing
radiation regulation are also hereby transferred to the PNRC. Thereafter, all
powers, functions and duties, records, files, and assets of these organizational
units shall be transferred to the PNRC.

Republic Act No. 6656, otherwise known as the Government
Reorganization Act, shall govern the reorganization of the affected personnel of
the Nuclear Regulatory Division of the PNRI and the Radiation Regulation
Division of the CDRRHR.

There shall be no diminution of rank, salaries, allowances and benefits of
all personnel transferred to the PNRC. 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 PNRC shall be entitled to the
same allowances and benefits as the transferred employees.

The Commission shall draw up its organizational structure with the
necessary qualification requirements and standards in accordance with the Civil
Service Law, rules and regulations for approval of the DBM within three (3)
months upon submission with the Civil Service Commission (CSC).

SECTION 58. Magna Carta for Science and Technology Personnel. -
Qualified employees of the PNRC and its attached units shall be covered by
Republic Act No. 8439, otherwise known as the “Magna Carta for Scientists,
Engineers, Researchers and other S & T Personnel in the Government.”

ARTICLE XIII - PENAL PROVISIONS

SECTION 59. 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


32

imprisonment of not more than five (5) years or a fine ranging from One million
pesos (PHP 1,000,000.00) to Five million pesos (PHP 5,000,000.00), or
both.

SECTION 60. Violation of Other Provisions of this Act. - Any person
who willfully violates, attempts to violate, or conspires to violate any provision 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

SECTION 61. Appropriations. - The amount necessary to cover the
initial implementation of this Act shall be charged against the current year’s
appropriations of the Nuclear Regulatory Division of the PNRI and the Radiation
Regulation Division of the CDRRHR responsible in ionizing radiation regulation.
Thereafter, such sums as may be necessary for the continued implementation of
this Act shall be included in the annual General Appropriations Act.

In addition, the PNRC is authorized to receive contributions, grants,
bequests, gifts, and donations, in cash or in kind, whether from local or foreign
Sources: Provided, That acceptance of grants, bequests, contributions, and
donations from foreign governments shall be subject to the approval of the
President of the Philippines, upon the recommendation of the Commissioner of
the PNRC and the Secretary of the Department of Foreign Affairs (DFA).

SECTION 62. Implementing Rules and Regulations. - The PNRC, in
consultation with the DOST, DBM and the CSC shall issue within one hundred
cighty (180) days from the effectivity of this Act, the rules and regulations
necessary to effectively implement its provisions.

SECTION 63. 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.

SECTION 64. Repealing Clause. ~The pertinent provisions of Republic
Act No. 2067, otherwise known as the Science Act of 1958, as amended, Republic
Act No. 5207, otherwise known as the Atomic Energy Regulatory and Liability


33

Act of 1968, as amended, 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 are hereby
repealed. All other laws, executive orders, proclamations, rules, regulations, and
other issuances or parts thereof which are inconsistent with the provisions of
this act are hereby repealed or amended accordingly.

SECTION 65. Effectivity.-This Act shall take effect fifteen (15) days from
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,