1 
1
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by Representative CARLITO "Lito" S. MARQUEZ 
EXPLANATORY NOTE 
This proposed measure seeks to provide a legal framework for conducting activities 
related to atomic energy and ionizing radiation in a manner which adequately protects 
individuals, property and the environment.   
The Science Act of 1958 created National Science Development Board (NSDB) now 
known as the Department of Science and Technology (DOST). The same law created the 
Philippine Atomic Energy Commission (PAEC) now known as the Philippine Nuclear 
Research Institute (PNRI) by virtue of Executive Order No. 128 to promulgate rules and 
regulations to ensure the safe use and application of radioactive materials in different 
fields of application.  This law was enacted with the objective of protecting the public 
health, safety, security and the environment from potential damage resulting from 
activities involving radiation and nuclear/radioactive materials. Given these dual 
responsibilities, there has been increasing concerns on whether the PNRI is effective and 
objective in regulating all nuclear materials and activities for peaceful purposes in the 
country. 
On the other hand, the Center for Device Regulation, Radiation Health and 
Research/CDRRHR (formerly Bureau of Health Devices and Technology/BHDT) was 
created under the Food and Drug Administration (FDA) of the Department of Health 
(DOH) through Republic Act No. 9711. The Radiation Health Division of the CDRRHR 
was established given the following powers and functions, among others, over the use of 
radiation devices to regulate the use of ionizing and non-ionizing radiation devices in 
medicine, dentistry, veterinary medicine, commerce and industry, education and 
training, 
research, 
anti-crime, 
security, 
household 
activities, 
and 
all 
other 
facilities/establishments and activities where radiation devices are used. 
The importance of regulatory independence is recognized in the Convention on 
Nuclear Safety and the International Atomic Energy Agency (IAEA) Safety Requirements 
on legal and governmental infrastructure for safety. Both documents address the 
August 22, 2022
2:41 pm
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establishment of a regulatory body and the need for its separation, or independence, from 
the promoters of nuclear technology. The primary reason for this separation is to ensure 
that regulatory judgments can be made, and enforcement actions taken, without pressure 
from interests that may conflict with safety. Furthermore, the credibility of the regulatory 
body in the eyes of the general public depends in large part upon whether the regulatory 
body is regarded as being independent from the organizations it regulates, as well as 
independent from government agencies or industry groups that promote nuclear 
technologies.  
It is therefore imperative for the state to subscribe to the safety standards imposed 
by the IAEA being a State member, to ensure that protection of the people and the 
environment, both now and in the future. This bill therefore seeks to unify the atomic 
energy regulatory body in the Philippines by creating a single and independent 
organization – the Philippine Atomic Energy Regulatory Commission. 
The need for a separate organization, whose sole concern would be nuclear safety, 
security and safeguards, separate from promotional, political and economic influences, 
becomes apparent. The Philippines through the PNRI has been considering revisions to 
the country’s nuclear and radiation laws. The primary purpose of these revisions would 
be to reflect internationally acceptable practices and to ensure that the Philippine national 
legislative and regulatory framework is consistent with the nation’s obligations under 
relevant international instruments.  Furthermore, it must ensure and provide an 
adequate basis for further development of nuclear technology for peaceful purposes.   
The proposed bill will address all the gaps and omissions identified in reviewing the 
current legislative framework (under RA 5207) in the areas of physical protection, 
safeguards, nuclear security, nuclear/radiological emergency preparedness and response, 
radioactive waste management, licensing of nuclear facilities, nuclear materials and 
radioactive sources, including those in PNRI, and transport of nuclear/radioactive 
materials. This will harmonize with the structure in most countries especially in the Asia-
Pacific region such as China, Indonesia, South Korea, Japan, Malaysia, Thailand, 
Pakistan, India, Australia, New Zealand, Singapore, and Vietnam.  The proposed law will 
modernize the current laws governing the control of nuclear material, radioactive 
material, and other ionizing radiation sources.  
Therefore, the immediate approval of this bill is highly sought. 
 ENGR. CARLITO "Lito" S. MARQUEZ 
 Chairperson, Committee on Science & Technology


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by Representative CARLITO "Lito" S. MARQUEZ 
AN ACT  
PROVIDING FOR A COMPREHENSIVE ATOMIC ENERGY REGULATORY 
FRAMEWORK, CREATING FOR THE PURPOSE THE PHILIPPINE ATOMIC 
ENERGY REGULATORY COMMISSION, AND APPROPRIATING FUNDS 
THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
ARTICLE I 
1 
GENERAL PROVISIONS 
2 
SECTION 1. Short Title. —This Act shall be known as the Comprehensive Atomic Energy 
3 
Regulation Act. 
4 
5 
SEC 2. Declaration of Policy. — It is hereby declared to be the policy of the State to: 
6 
a) Protect the health and safety of the people, and the environment from the harmful
7 
effects of ionizing radiation;
8 
9 
b) Develop and regulate the use of atomic energy towards peaceful purposes and to
10 
afford priority to nuclear safety, nuclear security, radiation protection and
11 
safeguards, and implement any obligations under the relevant international
12 
treaties, conventions or agreements entered into by the Republic of the
13 
Philippines; and
14 
15 
c) Prevent any activities or practices related to the acquisition or development of
16 
nuclear explosives, radiological dispersal devices, or other nonpeaceful uses of
17 
nuclear or other radioactive materials and related technology or assisting others in
18 
such activities that may cause injury to persons,  property,  or  the  environment,
19 
or  otherwise  jeopardize  national security.
20 
21 
SEC  3. Objectives. —The objectives of this Act are: 
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a) To provide a legal framework that adequately protects public health and safety and
1 
the environment against the harmful effects of ionizing radiation, and for the safety
2 
and security of nuclear material, and other radiation sources, and their associated
3 
facilities and activities;
4 
b) To establish the Philippine Atomic Energy Regulatory Commission (PAERC),
5 
hereinafter called Commission, with the functions and responsibilities set forth in
6 
this Act for the purpose of exercising regulatory control over the peaceful uses of
7 
ionizing radiation in the territory or area under the jurisdiction or control of the
8 
Republic of the Philippines, including the production, possession, utilization,
9 
importation, exportation, transport, transfer, handling, and management of
10 
radiation sources, nuclear materials, and other radioactive materials or other
11 
activities or practices identified by the Commission;
12 
c) To establish and maintain a regulatory framework for the formulation and
13 
adoption of regulations and guides on the use of atomic energy that specify the
14 
principles, requirements, and associated criteria for safety and security upon
15 
which regulatory judgments, decisions, and actions are based;
16 
d) To enable the Philippines to meet its obligations under relevant international
17 
treaties and agreements acceded by the Republic of the Philippines, including the
18 
Treaty on the Non-Proliferation of Nuclear Weapons (NPT); the Treaty on
19 
Southeast Asia Nuclear Weapon- Free Zone; Comprehensive Test Ban Treaty; the
20 
Agreement between the Philippines and the International Atomic Energy Agency
21 
(IAEA) for the Application of Safeguards in Connection with the NPT (the
22 
Safeguards Agreement); Additional Protocol to Safeguards Agreement; Vienna
23 
Convention on Civil Liability for Nuclear Damage; Agreement on the Privileges and
24 
Immunities of the IAEA; Convention on the Physical Protection of Nuclear
25 
Material and its  Amendments, United Nations Resolutions on Nuclear Security;
26 
and
27 
28 
e) To take cognizance of the conventions signed by the Philippine Government such
29 
International Convention on the Suppression of Acts of Nuclear Terrorism;
30 
Convention on Nuclear Safety; and Joint Convention on the Safety of Spent Fuel
31 
Management and on the Safety of Radioactive Waste Management.
32 
33 
SECTION 4. Scope, Exemption and Exclusion: - 
34 
a) This Act shall apply to all activities and practices involving the peaceful uses of
35 
atomic energy and ionizing radiation conducted within the territory or under the
36 
jurisdiction or control of the Philippines.
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b) This Act does not apply to activities or practices involving exposures that have been 
1 
excluded from regulatory control through regulations established by the Philippine 
2 
Atomic Energy Regulatory Commission. 
3 
c) This Act does not apply to regulation of sources of non-ionizing radiation. 
4 
 
5 
SEC 5. Definitions. —As used in this Act: 
6 
a) Activities refer to the production, use, import and export of radiation sources for 
7 
industrial, research and medical purposes; the transport of radioactive material;
8 
 the siting, construction, commissioning, operation and decommissioning of 
9 
facilities; radioactive waste management activities such as the discharge of 
10 
effluents; the mining and processing of radioactive ores; site rehabilitation 
11 
including the remediation of sites affected by the residues from past activities; and 
12 
such other activities as the Commission shall determine from time to time; 
13 
b) Activity refers to the amount of radionuclide produced in a given energy state at 
14 
a given time, also known as radioactivity; 
15 
c) Atomic energy refers to any process related to the atom, the basic building block 
16 
of matter;  
17 
d) Nuclear accident refers to any unintended event, including operating errors, 
18 
equipment failure and other mishaps, the consequences or potential consequences 
19 
of which are not negligible from the point of view of protection or safety; 
20 
e) Authorization refers to a written permission granted by the Commission to a 
21 
person who has submitted an application involving nuclear and radioactive 
22 
materials and associated facilities, and ionizing radiation generating equipment. 
23 
The authorization can take the form of a registration, or a license; 
24 
f) Decommissioning refers to the administrative and technical actions taken to 
25 
allow the removal of some or all of the regulatory controls from a facility to ensure 
26 
the long term protection of the public and the environment, and typically includes 
27 
reducing the levels of residual radionuclides in the materials and on the site of the 
28 
facility so that the materials can be safely recycled, reused, or disposed of as exempt 
29 
waste or as radioactive waste and the site can be released for unrestricted use or 
30 
otherwise reused; 
31 
g) Emergency plan refers to a description of the objectives, policy, and concept of 
32 
operations for the response to an emergency and of the structure, authorities and 
33 
responsibilities for a systematic, coordinated and effective response. The 
34 
emergency plan serves as the basis for the development of other plans, procedures 
35 
and checklists; 
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h) Emergency preparedness refers to the capability to take actions that will 
1 
effectively mitigate the consequences of an emergency for human health and 
2 
safety, quality of life, property, and the environment; 
3 
i) Emergency response refers to the performance of actions to mitigate the 
4 
consequences of an emergency for human health and safety, quality of life, 
5 
property, and the environment; 
6 
j) Exclusion refers to the deliberate excluding of a particular category of exposure 
7 
from the scope of an instrument of regulatory control on the grounds that it is not 
8 
considered amenable to regulatory control through the regulatory instrument in 
9 
question.  
10 
k) Exposure refers to the state or condition of being subject to irradiation; 
11 
l) Exemption refers to the determination by the Commission that a source or 
12 
practice need not be subject to some or all aspects of regulatory control on the basis 
13 
that the exposure, including potential exposure, due to the source or practice being 
14 
too small to warrant the application of those aspects or that this is the optimum 
15 
option for protection irrespective of the actual level of the doses or risks;  
16 
m) Facilities refer to nuclear installations or radiation facilities in which people may 
17 
be exposed to ionizing radiation. These include: 
18 
1. uranium mining and raw material processing facilities such as uranium 
19 
mines; 
20 
2. enrichment facilities and nuclear fuel fabrication facilities; 
21 
3. nuclear power plants; 
22 
4. other reactors such as research reactors and critical assemblies; 
23 
5. conversion facilities used to generate uranium hexafluoride (UF6); 
24 
6. spent fuel reprocessing plants; 
25 
7. radioactive waste management facilities; 
26 
8. radiation generator installations and facilities; 
27 
9. irradiation installations; 
28 
10. nuclear and radiation facilities for medical, industrial, research, and 
29 
education purposes; and 
30 
11. such other facilities as the Commission shall determine from time to 
31 
time; 
32 
l.) Facility operator refers to any organization or person applying for authorization 
33 
or authorized or responsible for nuclear, radiation, radioactive waste  or  transport  
34 
safety  when  undertaking  activities  or in relation  to any atomic energy facility or 
35 
source of ionizing radiation. This includes, inter alia, private individuals, 
36 
governmental bodies, consignors or carriers, licensees, hospitals, and self-
37 
employed persons; 
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m.) 
Income refers to the fees and other payments made to the Commission in the 
1 
conduct of its regulatory functions; 
2 
n.) Individual operator refers to any individual who manipulates the controls of 
3 
nuclear installation and radiation facility;    
4 
o.) Installation operator refers to any person, organization, or government entity 
5 
licensed or authorized to undertake the operation of an nuclear or radiation 
6 
facility;     
7 
p.) Ionizing radiation refers to electromagnetic or particulate radiation capable of 
8 
producing ion pairs directly or indirectly; 
9 
q.) Ionizing radiation sources refer to nuclear and other radioactive material 
10 
facilities and radiation generating equipment; 
11 
r.) License refers to a legal document issued by the PAERC granting authorization to 
12 
perform specified activities related to facilities or activities or any authorization 
13 
granted by the PAERC to the applicant to have the responsibility for siting, design, 
14 
construction, commissioning, operation, or decommissioning of an nuclear 
15 
installation;  
16 
s.) Licensee refers to the authorized person who is a holder of a valid license granted 
17 
to a practice or source who has recognized rights and duties, particularly in relation 
18 
to protection and safety; or an organization having overall responsibility for 
19 
facilities or activities; 
20 
t.) Natural sources refer to naturally occurring sources of radiation, such as the sun 
21 
and stars as sources of cosmic radiation; and rocks and soil as terrestrial sources 
22 
of radiation; 
23 
u.) Notification refers to a document submitted to PAERC by a person to notify an 
24 
intention to carry out a practice or other use of source; 
25 
v.) Person refers to any organization, corporation partnership, firm, association, 
26 
trust, estate, public or private institution, group, political or administrative entity, 
27 
or other persons designated in accordance with national legislation who or which 
28 
has responsibility and authority for any action having implications for protection 
29 
and safety; 
30 
w.) Physical protection refers to a technical and organizational measures for 
31 
protection from nuclear material or authorized facilities designed to prevent 
32 
unauthorized access to nuclear installations, nuclear materials and other 
33 
radioactive materials; 
34 
x.) Practices refer to activities that introduce additional sources of exposure or 
35 
exposure pathways or extends exposure to additional people or modifies the 
36 
network of exposure pathways from existing sources, so as to increase the exposure 
37 
or the likelihood of exposure of people, or the number of people exposed; 
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8 
 
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y.) Radiation facility refers to a facility that utilizes radioactive materials; particle 
1 
accelerator facility; and other such facility that the PAERC shall determine from 
2 
time to time; 
3 
z.) Radiation generating equipment or radiation generator refers to an 
4 
equipment or device that generates ionizing radiation when energized such as x-
5 
ray  generating equipment or that would, if assembled or repaired, be capable of 
6 
producing ionizing radiation when energized, or any equipment that the PAERC 
7 
shall determine as such, from time to time; 
8 
aa.) Radiation protection refers to the protection of people and the environment 
9 
from the harmful effects of ionizing radiation;  
10 
bb.) Radiation source refers to a radiation generator, or a radioactive source, or 
11 
other radioactive material outside the nuclear fuel cycles of research and power 
12 
reactors; 
13 
cc.) Radioactive material refers to any material designated in national law or by 
14 
a regulatory body as being subject to regulatory control  because of its radioactivity  
15 
which  includes  sealed  and  unsealed  sources  and radioactive waste; 
16 
dd.) Radioactive source refers to a radioactive material used as a source of 
17 
radiation such as those sources used for medical applications or in industrial 
18 
instruments; 
19 
ee.) Radioactive waste refers to a material for which no further use is foreseen 
20 
that contains, or is contaminated with, radionuclides at activity concentrations 
21 
greater than clearance levels as established by the regulatory body; 
22 
ff.) 
Radioactive waste disposal refers to the permanent emplacement of 
23 
radioactive waste into areas, facilities or installation without intent to retrieve 
24 
it;  
25 
gg.) Radioactive waste and spent fuel storage refers to the holding of 
26 
radioactive sources, spent fuel or of radioactive waste in a facility that provides 
27 
for their containment, with the intention of retrieval at a future date; 
28 
hh.) Radionuclide refers to an unstable form of a chemical element that undergoes 
29 
radioactive decay, resulting in the emission of ionizing radiation;  
30 
ii.) 
Registrant refers to the holder of a current registration; 
31 
jj.) 
Registration refers to a form of authorization for practices of low or moderate 
32 
risks whereby the person responsible for the practice has prepared and 
33 
submitted a safety assessment of the facilities and equipment to the PAERC 
34 
created under Article II, Sec. 6 of this Act, and has complied with the legal 
35 
requirements. The requirements for safety assessment and the conditions or 
36 
limitations applied to the practice should be less severe than those for licensing. 
37 
Typical practices that may be registered are those undertaken in facilities whose 
38 
design and equipment ensure safety, or those whose operating procedures are 
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simple and easy to follow, those that require minimal safety training, or those 
1 
that historically have produced minimal safety problems; 
2 
kk.) Safeguards refer to measures undertaken to ensure that the nuclear material, 
3 
non-nuclear material, services, equipment, facilities, information, and certain 
4 
items are not used for the manufacture of nuclear weapons or any other nuclear 
5 
explosive devices or to further any military purpose; 
6 
ll.) 
Safety refers to the protection of people and the environment against radiation 
7 
risks, and of facilities and activities that give rise to radiation risks; 
8 
mm.) Security refers to the prevention and detection of and response to, theft, 
9 
sabotage, unauthorized access, illegal transfer or other malicious acts involving 
10 
nuclear material, other radioactive substances, or their associated facilities; 
11 
nn.) Source refers to anything that may cause radiation exposure such as by the 
12 
emission of ionizing radiation or by the release of radioactive substances or 
13 
material that can be treated as a single entity for protection and safety purposes; 
14 
oo.) Special Drawing Right, hereinafter referred to as SDR, refers to the unit of 
15 
account defined by the International Monetary Fund and used by it for its own 
16 
operations and transactions; 
17 
pp.) Special fissionable materials refer to Plutonium-239, Uranium-233, 
18 
Uranium enriched in the isotopes 235 or 233 and materials containing one or 
19 
more of the foregoing in concentration or amount exceeding values established 
20 
by the Philippine Atomic Energy Regulatory Commission; 
21 
qq.) Spent fuel refers to nuclear fuel that has been irradiated in and permanently 
22 
removed from a reactor core; and 
23 
rr.) 
Technical and scientific support organization refers to an external 
24 
organization or group of experts whom it may seek advice or recommendations.  
25 
  
26 
ARTICLE II 
27 
THE PHILIPPINE ATOMIC ENERGY REGULATORY COMMISSION 
28 
SEC 6. Creation and Mandate of the Philippine Atomic Energy Regulatory 
29 
Commission.  
30 
 
31 
a) There is hereby created an effectively independent regulatory authority to be 
32 
known as the Philippine Atomic Energy Regulatory Commission (PAERC), 
33 
hereinafter referred to as the Commission, and it shall have an independent legal 
34 
personality, full legal competence, and financial and administrative independence 
35 
in all its matters.  
36 
 
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b) The Commission shall have the sole and exclusive authority for exercising 
1 
regulatory control over all aspects of safety, nuclear security, and safeguards 
2 
involving sources of ionizing radiation, nuclear materials and radiation sources, 
3 
and their associated facilities. All functions relating to atomic energy activities 
4 
lodged in, or performed by other departments, agencies, or offices of the 
5 
government are hereby transferred to the Commission. 
6 
 
7 
SEC 7. Regulatory Policy. — In issuing authorizations and regulations under this Act, 
8 
the Commission shall: 
9 
a) Impose the minimum requirements to protect the health and safety of the public 
10 
and the environment, and ensure the security of nuclear and radioactive 
11 
materials, radiation sources and their associated facilities;  
12 
b) Ensure compliance to prevent the use of nuclear facilities, nuclear materials and 
13 
technology for non-peaceful purposes in order to attain effective control of 
14 
nuclear safety, nuclear security, and safeguards. 
15 
c) Establish and implement regulations, rules and orders consistent with relevant 
16 
standards and international best practices; and 
17 
d) Ensure that licensees are technically and financially qualified to engage in the 
18 
proposed activities in accordance with the requirements of this Act and the 
19 
Commission's regulations and has financial protection to fulfill obligations on 
20 
liability for nuclear and radiation damage. 
21 
 
22 
SEC 8. Powers and Functions of the Commission. - The Commission shall, for the 
23 
purposes of carrying out its mandate under this Act, have the power to: 
24 
a) Formulate, develop, and issue policies and measures for the regulatory control 
25 
of activities and practices governed by this Act; 
26 
b) Issue, amend, and revoke rules, regulations, orders, and guidance necessary for 
27 
the implementation of this Act; 
28 
c) Establish standards for the protection of individuals, society and the 
29 
environment from potential adverse effects of ionizing radiation; 
30 
d) Establish and implement a system of authorization in the form of registration, 
31 
and licensing, including the modification, amendment, suspension, and 
32 
revocation and termination of such authorization; 
33 
e) Issue, amend, suspend or revoke authorizations and set conditions for practices 
34 
and activities involving ionizing radiation; 
35 
f) Define exemptions and exclusions from regulatory control; 
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g) Inspect and monitor activities and practices for the purpose of verifying 
1 
compliance with this Act, applicable regulations and the terms and conditions 
2 
of authorizations; 
3 
h) Take enforcement measures in the event of non-compliance with and violations 
4 
of this Act, applicable regulations or the terms and conditions of authorizations, 
5 
including the imposition of penalties for violations thereof; 
6 
i) Define the obligations, including financial ones, of persons or entities 
7 
authorized to conduct activities or practices; 
8 
j) Take corrective actions if unsafe or potentially unsafe conditions are detected at 
9 
any location where authorized activities are conducted; 
10 
k) Confirm the competence of personnel responsible for the safe and secure 
11 
operation of a facility or the conduct of an authorized activity or practice; 
12 
l) Prescribe and collect fees and charges in connection with its licensing and 
13 
regulatory functions, provided that such fees and charges shall be imposed by 
14 
regulation, in accordance with the Philippines’ financial rules and procedures; 
15 
m) Obtain the advice or views of experts necessary for the performance of its 
16 
functions, through, inter alia, the hiring of consultants, and contracting of 
17 
specific projects; 
18 
n) Establish and maintain a national register of radiation sources; 
19 
o) Cooperate with the International Atomic Energy Agency (IAEA) in the 
20 
application of nuclear safeguards in accordance with the Safeguards Agreement, 
21 
and any protocols thereto, between the Philippines and the International 
22 
Atomic Energy Agency, including conducting inspections and visits, carrying 
23 
out complementary access and providing any assistance or information required 
24 
by designated IAEA inspectors in the fulfilment of their responsibilities; 
25 
p) Establish and maintain a national system of accounting for and control of 
26 
nuclear material, and to establish the necessary reporting and recordkeeping 
27 
and requirements pursuant to the Safeguards Agreement, and any protocols 
28 
thereto, between the Philippines and the International Atomic Energy Agency; 
29 
q) Establish and implement, in cooperation with relevant governmental bodies, a 
30 
system of control for the export and import of nuclear and other radioactive 
31 
material, sources, equipment, information and technology determined to be 
32 
necessary to implement relevant international commitments of the Philippines; 
33 
r) Establish regulatory measures for the security of nuclear and other radioactive 
34 
material, and their associated facilities, including measures for the detection, 
35 
prevention, and response to unauthorized or malicious acts involving such 
36 
material, or facilities; 
37 
s) Cooperate with other relevant agencies of the Philippines in establishing and 
38 
maintaining a plan for preparedness for and response to emergencies involving 
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nuclear or other radioactive material in accordance with the national emergency 
1 
response plan; 
2 
t) Communicate directly with other governmental bodies in all circumstances it 
3 
considers necessary for the effective exercise of its functions; 
4 
u) Carry out or arrange for the conduct of research on radiation safety and security 
5 
necessary to implement its functions; 
6 
v) Hold hearings and conduct investigations, and for these purposes, administer 
7 
oaths and affirmations and issue subpoenas to any person to appear and testify, 
8 
or to appear and produce documents at any designated time and place; 
9 
w) Act as the national authority on nuclear safety, security and regulatory matters 
10 
relative to the International Atomic Energy Agency (IAEA), foreign 
11 
governments, ministries, departments, and agencies, relevant regional and 
12 
international organizations, including law enforcement and intelligence 
13 
agencies; 
14 
x) Cooperate with other governmental or non-governmental bodies having 
15 
competence in such areas as health and safety, environmental protection, 
16 
security and transportation of dangerous goods; 
17 
y) Exchange information and cooperate with regulatory bodies in other States and 
18 
with relevant international organizations concerning matters arising from the 
19 
exercise of its functions; 
20 
z) Establish appropriate mechanisms and procedures for informing and consulting 
21 
the public and other stakeholders about the regulatory process and the safety, 
22 
health and environmental aspects of authorized activities and practices, 
23 
including incidents, accidents and abnormal occurrences;  
24 
aa) Obtain experts’ advice and opinion necessary to perform  its functions, including 
25 
the hiring of consultants, contracting of specific projects, and ad hoc advisory 
26 
bodies; and 
27 
bb)Conduct any other functions that are necessary in its judgement to protect 
28 
people and the environment. 
29 
 
30 
SEC 9. Management System. — The Commission shall establish, implement, and assess 
31 
a management system that is aligned with its safety goals and contributes to its 
32 
achievement. The Commission shall ensure that regulatory control is stable and 
33 
consistent. 
34 
 
35 
SEC 10. Organizational Structure. —The Commission shall be headed by a 
36 
Commissioner who shall be appointed by the President of the Philippines for a term of 
37 
five (5) years with a rank equivalent to an Undersecretary. The Commissioner shall be 
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assisted by four (4) Deputy Commissioners who shall be appointed by the President with 
1 
a rank equivalent to Assistant Secretary, and who shall serve a term of five (5), four (4), 
2 
three (3), and two (2) years, respectively. Thereafter, the successors shall be appointed to 
3 
serve for five (5) years. The four (4) Deputy Commissioners shall represent the following 
4 
sectors: (a) health, (b) energy, (c) environment, and (d) defense and security. The 
5 
Commissioner may come from any of the aforesaid sectors. 
6 
 
7 
The Commissioner or at least one (1) Deputy Commissioner shall have the necessary 
8 
scientific and technical qualifications, preferably an advanced degree in natural sciences 
9 
or engineering or a broad professional background in any of the said fields. 
10 
 
11 
The members of the Commission shall not be removed from office except for just cause 
12 
and after due process as provided for by law. 
13 
 
14 
For the proper management and effective implementation of the objectives of the 
15 
Commission, an   Executive   Director   shall   be   appointed   by   the   President   upon 
16 
the recommendation of the Commissioner, and shall perform the following functions: 
17 
a) Assist the Commissioner in the discharge of the executive and administrative 
18 
functions; 
19 
b) Coordinate and direct the activities of the staff and be responsible for the day-
20 
to-day management of the affairs and activities of the Commission; 
21 
c) Recommend and develop plans to achieve the Commission's objectives; and 
22 
d) Perform such other relevant functions necessary to implement the provisions 
23 
of this Act. 
24 
Subject to the approval of the DBM, the Commission shall determine its organizational 
25 
structure and create new divisions or units as it may deem necessary, and shall appoint 
26 
officers and employees in accordance with the civil service laws, rules and regulations. 
27 
 
28 
SEC 11. Official Site of Commission. — A land area equivalent to at least ten (10) hectares 
29 
out of the lands under the administration of the Bases Conversion and Development 
30 
Authority (BCDA) within the Clark Special Economic Zone in Pampanga and Tarlac, shall 
31 
be allocated exclusively for the PAERC office: Provided, That the Commission shall 
32 
establish additional offices in strategic areas as it may deem necessary: Provided further, 
33 
That the boundaries and technical descriptions of the ten hectares of land in the Clark 
34 
Special Economic Zone to be designated for the use of the Commission shall be 
35 
determined by an actual and joint group survey. 
36 
 
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14
SEC 12. Fees and Charges. — The Commission is authorized to charge and collect 
1 
reasonable fees in the performance of its regulatory functions: Provided, That such fees 
2 
shall be imposed by regulation on the basis of such published criteria as the Commission 
3 
deems appropriate. The fees and charges collected by the Commission shall be deposited 
4 
with the Bureau of the Treasury as income of the General Fund pursuant to Section 44, 
5 
Chapter 5, Book VI of Executive Order. No. 292, s. 1987. 
6 
 
7 
SEC 13. Radioactive Waste Management Fund. - A portion of the payment of the 
8 
electricity generated from the use of nuclear energy shall be set aside to establish a 
9 
Radioactive Waste Management Fund in view of the importance of nuclear waste disposal 
10 
and spent fuel. The Fund shall be held in escrow and can only be utilized for the 
11 
decommissioning of nuclear facilities including the safe management disposal of the 
12 
nuclear waste and spent fuel which shall include siting research, transporting to the 
13 
chosen disposal site, and final geological disposal. The portion of the payment shall be 
14 
determined by the Commission based on international practice. 
15 
 
16 
SEC 14. Technical and Scientific Support Organizations. —The Commission is 
17 
authorized to seek expert opinion and recommendations from independent technical and 
18 
scientific support organizations that do not pose a conflict of interest, or improperly 
19 
influence the Commission's regulatory decision making. Any advice offered shall not 
20 
relieve the Commission of its responsibilities under this Act, other relevant laws, and 
21 
applicable regulations. 
22 
 
23 
SEC 15. Establishment of the Philippine Atomic Energy Council. – The Philippine 
24 
Atomic Energy Council (PAEC) is hereby established as the principal advisory body to 
25 
assist and counsel the Commissioners on safety and security matters as may be useful and 
26 
appropriate for the conduct of its regulatory responsibilities. 
27 
The PAEC shall be composed of not more than twelve (12) members as follows: 
28 
a) Secretary of the Department of Science and Technology, as Chairperson; 
29 
b) Secretary of the Department of Health, as Vice Chairperson; 
30 
c) Secretary of the Department of Energy; 
31 
d) Secretary of the Department of Environment and Natural Resources; 
32 
e) Secretary of the Department of National Defense; 
33 
f) Secretary of the Department of Trade and Industry; 
34 
g) Secretary of the Department of Agriculture; 
35 
h) Secretary of the Department of Foreign Affairs; and 
36 
i) A maximum of four (4) experts from the academe and nongovernment 
37 
organizations. 
38 


 
15 
 
15
The advice of the PAEC may be considered by the Commission in its decisions or 
1 
resolutions: Provided, however, That the decision of the Commission shall prevail. The 
2 
Commission shall be ultimately accountable for its decisions and actions. 
3 
 
4 
The Commission shall ensure that technical support received from outside bodies or 
5 
experts is provided in a manner that avoids any conflicts of interest or improper influence 
6 
on its regulatory decision making.  
7 
 
8 
The PAEC may be convened anytime by the Chairperson, or upon the request of the 
9 
Commission. 
10 
 
11 
ARTICLE III 
12 
REGULATORY ACTIVITIES: NOTIFICATION, AUTHORIZATION, 
13 
INSPECTION, ENFORCEMENT AND PENALTIES 
14 
SEC 16. Activities and Practices Subject to Authorization. —  
15 
The following activities and practices shall be subject to an authorization issued by the 
16 
Commission: 
17 
a) Transfer, receipt, acquisition, ownership, possession, or use of radiation 
18 
sources for medical, industrial, agricultural, and research applications; 
19 
b) Manufacture and distribution of radioactive materials or products 
20 
containing radioactive materials to other licensees or persons exempt from 
21 
the requirements for a license; 
22 
c) Production of radioactive materials from particle accelerators; 
23 
d) Operation and maintenance of ionizing radiation facilities for scientific 
24 
research, industrial, and medical purposes; 
25 
e) Siting, construction, commissioning, operation, dismantling, 
26 
decommissioning, and closure of nuclear installations; 
27 
f) Transport of nuclear or radioactive materials to, within, and from the 
28 
Philippines; and 
29 
g) Engage in or provide nuclear technical services. 
30 
SEC 17. Requirement for Authorization. – 
31 
a) Any person who intends to engage in any activity or practice mentioned in 
32 
the immediately preceding section shall submit an application to the 
33 
Commission indicating the intention to carry out such activity or practice in 
34 
the form and within the time limits prescribed by the Commission; 
35 
b) No authorization to acquire, own, or operate any nuclear installation and 
36 
radiation facility shall be issued to any foreign government or person, 
37 
natural or juridical. Only a person 60% of whose capital stock is owned by 
38 


 
16 
 
16
Filipino citizens shall be granted an authorization to acquire, own, or 
1 
operate an nuclear installation and radiation facility. 
2 
SEC 18. Licensing Process and Conditions for Issuance of Authorization. — 
3 
The Commission shall provide for the licensing process and the conditions for the 
4 
issuance of the appropriate authorization in the regulations to be issued to implement 
5 
this Act. 
6 
 
7 
SEC 19. Responsibilities of the Authorized Person. — 
8 
a) Any person to conduct the activities or practices specified in Section 16 shall have 
9 
the primary responsibility for the safe and secure conduct of those activities or 
10 
practices and for ensuring compliance with this Act and all applicable regulatory 
11 
requirements and conditions of the authorization related to those activities or 
12 
practices. 
13 
b) Any person authorized to conduct activities or practices that require appropriate 
14 
competencies shall provide the Commission with any requested assistance in the 
15 
performance of its regulatory functions. 
16 
c) Any person authorized shall timely notify the Commission of any relevant accident 
17 
or emergency; 
18 
d) Any person who intends to discontinue the conduct of activities so authorized by 
19 
the Commission shall duly inform the latter at least six (6) months prior to actual 
20 
cessation of those activities or practices. 
21 
SEC 20. Provisional Authorization. — In all cases of application for authorization to 
22 
construct a facility, if the Commission finds that, on the basis of the technical information 
23 
and data so far made available to it, there is reasonable assurance that the proposed 
24 
facility can be constructed and operated at the proposed location without undue risk to 
25 
the health, safety, and security of the public and the environment, it shall issue the 
26 
appropriate authorization to operate the facility:  
27 
 
28 
Provided, That in cases where there is insufficient data or information on health, safety, 
29 
and security, or if there is a need to generate or validate such data or information, the 
30 
Commission may issue a provisional authority to operate such facility for as long as in its 
31 
determination, there is reasonable assurance that questions of health, safety, and security 
32 
will be so resolved as to warrant the issuance of an authorization to operate the facility:  
33 
 
34 
Provided, however, That the provisional authority to operate the facility shall cover a 
35 
period not to exceed one (1) year. 
36 
 
37 


 
17 
 
17
SEC 21. Additional Requirements in Case of Nuclear Installation for Commercial 
1 
Power. - Nothing in this Act shall be construed to exempt the operator of an nuclear 
2 
facility designed primarily for the generation of electricity for commercial purposes from 
3 
complying with other requirements provided by existing laws, such as securing a 
4 
franchise, a certificate of public convenience and necessity, and obtaining approval for 
5 
rates and services from the appropriate agency. 
6 
 
7 
SEC 21-A. Tax and Duty Free Importation. - Upon certification by the Commission, 
8 
importations of nuclear fuel for use in the facilities of registered business enterprises may 
9 
be free from taxes and duties in accordance with Title XIII (Tax Incentives) of the 
10 
National Internal Revenue Code of 1997, as amended. 
11 
 
12 
SEC 22. Inspections and Enforcement. — 
13 
a) The Commission shall implement a system of inspection of nuclear and radiation 
14 
facilities and activities based on the provisions of this Act to verify compliance   
15 
with   the   applicable   requirements   and   conditions   of any authorization issued 
16 
under Section 16. 
17 
b) The Commission shall implement a system of verification of the safety and security 
18 
of nuclear and other radioactive material through safety and security assessments; 
19 
monitoring and verification 
of 
compliance with 
any 
authorization 
20 
issued under Section 16; inspections; and the maintenance of appropriate records 
21 
by licensees. The verification system shall be provided for in the regulations to be 
22 
issued pursuant to this Act. 
23 
c) Where the Commission has established that any person has committed a violation 
24 
of relevant nuclear safeguards, safety, and security, regulations issued under this 
25 
Act, the conditions of an authorization issued under Section 16, or other 
26 
requirements that do not constitute a criminal offense under Sections 63 and 64 of 
27 
this Act, it may impose by order any of the following penalties in conformity with 
28 
the proceedings provided for in Section 23: appropriate enforcement actions such 
29 
as suspension, modification or revocation of authorization, or a civil monetary 
30 
penalty. 
31 
 SEC 23. Suspension, Modification, and Revocation of Authorizations.— Any 
32 
authorization issued pursuant to this Act may be suspended, modified or revoked by the 
33 
Commission in the event of a violation of its conditions, when circumstances in which the 
34 
public interest, health, safety, or security so requires, or when the conditions under which 
35 
it was issued are no longer complied with, or in any circumstance that continued activity 
36 
under the authorization shall pose an unacceptable risk to people or the environment: 
37 
 
38 


 
18 
 
18
Provided, That the licensee shall have been accorded an opportunity to demonstrate or 
1 
achieve compliance with the requirements. In all instances, the Commission shall provide 
2 
information to the public on the procedures and requirements for suspension, 
3 
modification, renewal, revocation, or relinquishment of authorizations. 
4 
 
5 
No authorization shall be transferred, assigned, encumbered, or in any manner disposed 
6 
of, either voluntarily, or involuntarily, directly or indirectly, unless the Commission shall, 
7 
after securing full information, find that such transfer, assignment, encumbrance, or 
8 
other disposition is in accordance with the purposes and provisions of this Act and shall 
9 
give its consent in writing. 
10 
 
11 
Upon the suspension, revocation, or expiration of an authorization which is not renewed, 
12 
and pursuant to the order of the Commission, the licensee shall be required to take such 
13 
measures as may be necessary to protect the health and safety of the public and the 
14 
environment from the harmful effects of radiation, and ensure security of radioactive 
15 
material and facilities. 
16 
Whenever practicable, the Commission may take temporary custody of any nuclear and 
17 
other radioactive material and facility held by the licensee pending their appropriate and 
18 
lawful disposition. 
19 
 
20 
 
21 
ARTICLE IV 
22 
RADIATION PROTECTION 
23 
SEC 24. Regulation to Ensure Radiation Protection. — 
24 
a) The Commission shall take the appropriate steps to ensure that: 
25 
1) No activity or practice shall be authorized unless it produces sufficient benefit 
26 
to the exposed person or to the society in a manner that offsets the radiation 
27 
harm that it may cause; 
28 
2) The magnitude of individual doses, the number of persons exposed, and the 
29 
likelihood of incurring exposures shall all be kept as low as reasonably 
30 
achievable, economic and social factors considered; and 
31 
3) No individual shall be exposed to ionizing radiation doses which exceed 
32 
prescribed national dose limits; 
33 
b) The Commission shall establish dose limits for persons that may not be exceeded 
34 
in conducting activities under regulatory control; 
35 
c) The Commission shall identify sources or practices to be exempted from regulatory 
36 
control; 
37 


 
19 
 
19
d) The Commission shall establish clearance levels below which radioactive material 
1 
within authorized activities and practices can be released from regulatory control; 
2 
e) The Commission shall ensure that authorized facilities maintain a record of 
3 
exposure of the public, patients, and of workers occupationally exposed to ionizing 
4 
radiation at their work: and 
5 
f) The Commission shall promulgate appropriate regulations and related guidelines 
6 
to address all issues and concerns related to exposure to ionizing radiation from 
7 
natural sources. 
8 
 
9 
SEC 25. Responsibilities of Authorized Persons in Radiation Protection. - 
10 
a) The authorized person shall bear the prime responsibility of ensuring the safety 
11 
and security of the facility and of all activities and practices associated with it; 
12 
b) Authorized persons shall ensure compliance with the requirements and dose limits 
13 
established by the Commission and shall ensure that radiation doses to workers 
14 
and the public, including doses from releases to the environment, are as low as 
15 
reasonably achievable, taking into account social and economic factors; 
16 
c) Persons authorized to conduct activities utilizing ionizing radiation for medical 
17 
purposes shall ensure the overall patient protection and safety in the prescription 
18 
of, and during the delivery of, medical exposures. 
19 
 
20 
ARTICLE V 
21 
EMERGENCY PREPAREDNESS AND RESPONSE 
22 
SEC 26. Emergency Plan. - No authorization or license to conduct an activity or practice, 
23 
operate a facility or possess or use a source may be granted unless and until an 
24 
appropriate emergency preparedness and response plan has been developed by the 
25 
applicant and approved by the Commission. 
26 
 
27 
In the event of an nuclear or radiological emergency, the authorized person shall 
28 
implement the approved emergency preparedness and response plan. 
29 
 
30 
SEC 27. Emergency Preparedness and Response. — The Commission shall: 
31 
a) Develop and maintain a national emergency plan for responding to potential 
32 
nuclear or radiological emergencies; 
33 
b) In the event of an nuclear and radiological emergency, coordinate the task of the 
34 
radiological emergency response organization of the Commission within the 
35 
framework of the National Disaster Risk Reduction and Management Council 
36 
(NDRRMC) of the Department of National Defense; and 
37 


 
20 
 
20
c) Provide for an emergency response center and for an international exchange of 
1 
information on the radiation situation, consistent with the Philippines' obligations 
2 
under the Convention on Early Notification of an Nuclear Accident and the 
3 
Convention on Mutual Assistance in the Case of an Nuclear Accident or 
4 
Radiological Emergency. 
5 
d) Define the radiation levels at which protective and other response actions shall be 
6 
considered. 
7 
 
8 
ARTICLE VI 
9 
TRANSPORT OF NUCLEAR AND OTHER RADIOACTIVE MATERIAL 
10 
SEC 28. Regulation in the Transport of Nuclear and Other Radioactive Material. — The 
11 
Commission shall establish and implement safety and security requirements for the 
12 
transport of nuclear and other radioactive material to, from and within the jurisdiction of 
13 
the Philippines consistent with the International Atomic Energy Agency (IAEA) 
14 
regulations for the safe and secure transport of radioactive material. 
15 
 
16 
SEC 29. Requirements for Authorization. — No person shall engage in the transport of 
17 
radioactive material without an authorization issued by the Commission. 
18 
 
19 
 
20 
ARTICLE VII 
21 
IMPORT AND EXPORT OF NUCLEAR AND OTHER RADIOACTIVE 
22 
MATERIALS 
23 
SEC 30. Import and Export Control. — The Commission shall: 
24 
a) Establish regulatory requirements, procedures and relevant guides for the 
25 
importation and exportation of nuclear and other radioactive materials including 
26 
radioactive sources which require licensees, inter alia to: 
27 
1) Secure an authorization from the Commission prior to importation or 
28 
exportation with the assurance of applying safeguards and physical protection 
29 
measures to protect public health, safety and security; 
30 
2) Ensure before importation that the exporter has an authorization from the 
31 
competent authority of the exporting country to export such materials to the 
32 
Philippines in accordance with laws and regulations of that country; and that a 
33 
recipient is authorized to receive such materials and has the capacity to ensure 
34 
their safety and security; and 
35 
3) Ensure before exportation that a recipient is authorized to receive such 
36 
materials and that the importing country has the necessary and appropriate 
37 


 
21 
 
21
technical 
and 
administrative 
capability, 
resources 
and 
regulatory 
1 
infrastructure to ensure the safe and secure management of such materials, 
2 
particularly disused sources. 
3 
b) Coordinate with relevant agencies of government and establish appropriate formal 
4 
mechanisms for coordination to effectively implement these import and export 
5 
control measures for nuclear and other radioactive material as well as radioactive 
6 
sources. 
7 
 
8 
ARTICLE VIII 
9 
MANAGEMENT OF SPENT FUEL AND OTHER RADIOACTIVE WASTE 
10 
SEC 31. Regulation of Radioactive Waste and Nuclear Spent Fuel Management. — To 
11 
ensure the safe and secure management of radioactive waste and spent fuel, the 
12 
Commission shall establish: 
13 
a) Applicable safety and security requirements and regulations for the protection of 
14 
people and the environment from adverse impacts of radioactive waste and spent 
15 
fuel management activities including relating to predisposal management of 
16 
radioactive waste, and generation characterization, classification, pre-treatment, 
17 
treatment, conditioning, packaging and storage as appropriate; 
18 
b) A system of authorization of radioactive waste and spent fuel management 
19 
activities; 
20 
c) A system of regulatory inspection, documentation, and reporting for radioactive 
21 
waste and spent fuel management activities, and in the case of disposal, a system 
22 
of institutional control; 
23 
d) A system of enforcement to ensure compliance with applicable regulations and the 
24 
terms and conditions of authorizations for radioactive waste and spent fuel 
25 
management activities; and 
26 
e) The Commission shall ensure the continuous regulatory control over radioactive 
27 
waste from its generation to final disposal, including institutional control. 
28 
 
29 
ARTICLE IX 
30 
NUCLEAR SAFETY AND DECOMMISSIONING 
31 
SEC 32. Licensing Process of Nuclear Installations. 
32 
a) Any person who intends to construct or operate an nuclear installation or to 
33 
conduct related activities shall obtain an authorization from Commission 
34 
consistent with the terms of this Act and applicable regulations. 
35 
b) The Commission shall establish requirements for the regulatory control of nuclear 
36 
installations to include the following: 
37 


 
22 
 
22
1) Regulations for siting, design, construction, commissioning, operation 
1 
maintenance, and decommissioning; 
2 
2) Regulations for public information, management system, and authorization of 
3 
installation operators; 
4 
3) Assessment and verification of safety and security by the facility operator and 
5 
by Commission; 
6 
4) Financial and human resources necessary to ensure safety and security; and 
7 
5) Human factors to be taken into account by the facility operator during the 
8 
lifetime of the nuclear installation; 
9 
 
10 
SEC 33. Responsibility of Authorized Person for Nuclear Safety. - The authorized 
11 
person shall bear the prime responsibility of ensuring nuclear safety and security of the 
12 
nuclear installation and of all activities and practices associated with it. 
13 
  
14 
SEC 34. Decommissioning. – The Commission shall: 
15 
a) Establish requirements for the decommissioning of nuclear installations or 
16 
radiation facilities, including: 
17 
1) Safety and environmental criteria, including conditions on the end state after 
18 
decommissioning; 
19 
2) Limits and conditions for the removal of regulatory control for nuclear 
20 
installations or radiation facilities containing radionuclides; 
21 
3) Regulations for the clearance of radioactive material during and following 
22 
decommissioning. 
23 
4) Allocation of adequate financial resources by the licensee that shall be available 
24 
when needed, to cover the costs associated with safe decommissioning, 
25 
including management of the resulting waste. 
26 
b) Ensure that relevant documents and records prepared by the facility operator are 
27 
maintained for a specified period of time before, during, and after 
28 
decommissioning. 
29 
 
30 
SEC 35. Decommissioning Plan.- 
31 
a) At the design stage of an nuclear installation, the applicant for authorization to 
32 
construct and operate an nuclear installation shall prepare an initial 
33 
decommissioning plan for approval by the Commission. The plan shall be 
34 
commensurate to the type and status of the nuclear installation and the hazard that 
35 
may be associated with the decommissioning. 
36 


 
23 
 
23
b) The Commission shall require the facility operator to provide periodic reviews and 
1 
updates of the decommissioning plan and shall specify the maximum time 
2 
intervals between such reviews and updates. 
3 
 
4 
ARTICLE X 
5 
SAFEGUARDS 
6 
SEC 36. Safeguards. - The Commission shall: 
7 
a) Maintain a system of accounting for and control of nuclear materials and establish 
8 
requirements thereon; 
9 
b) 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 a 
12 
view to conducting the verification activities authorized by these instruments; 
13 
c) Ensure full cooperation and support to the IAEA by all national government 
14 
agencies and authorized persons in the application of safeguards measures; and 
15 
d) Fulfill the Philippines' obligation to the Non-Proliferation Treaty, the Safeguards 
16 
Agreement, and related international treaties, conventions, agreements and 
17 
protocols thereto. 
18 
 
19 
ARTICLE XI 
20 
PHYSICAL PROTECTION AND SECURITY 
21 
SEC 37. Physical Protection and Security of Nuclear and other Radioactive Material. 
22 
— The Commission shall: 
23 
a) Issue regulations to implement effective measures to prevent, detect, and respond 
24 
to unauthorized acts involving nuclear and other radioactive material that may 
25 
cause injury to persons, property or the environment or otherwise jeopardize 
26 
national security; 
27 
b) Establish requirements for the physical protection of nuclear material, in 
28 
accordance with the provisions of this Act, and in compliance with the country’s 
29 
obligations as a party to the Convention on the Physical Protection of Nuclear 
30 
Material, the Amendment thereto, and other international treaties and 
31 
conventions; 
32 
c) Issue regulations for the protection of individuals, communities and the 
33 
environment from the deleterious effects of radioactive sources; 
34 
d) Coordinate with the relevant agencies of government and seek international 
35 
cooperation to effectively implement these security measures. 
36 


 
24 
 
24
 
1 
ARTICLE XII 
2 
ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW 
3 
SEC 38. Notice and Conduct of Hearing. — In any proceeding for the grant, suspension, 
4 
revocation or amendment of any authorization, or upon the issuance of an order, the 
5 
Commission shall hold a hearing upon the request of any person whose interest may be 
6 
affected and shall admit such person as a party to the proceeding. 
7 
 
8 
The hearings of the Commission may be open to the public and relevant stakeholders, 
9 
except where warranted by considerations of security, national defense, or proprietary 
10 
matters. 
11 
Except in cases where immediate action is required in order to protect the health and 
12 
safety of the public or the national interest, no order issued under Section 23 of this Act 
13 
shall become effective until after the licensee has been given prior notice for a hearing and 
14 
the opportunity to be heard. 
15 
 
16 
Where an order suspending, revoking or modifying an authorization, or an order issued 
17 
under  Section  23  is  made  effective  without  prior  notice  for  a  hearing  and opportunity 
18 
to be heard, the order shall only be temporary pending the hearing and issuance of the 
19 
Commission's final decision in the proceeding. 
20 
 
21 
SEC 39. Orders and Decisions. — All orders and decisions of the Commission shall be in 
22 
writing, stating clearly and distinctly the facts and issues involved and the reasons on 
23 
which the Commission's order or decision is based. Such order and decisions shall be 
24 
made available to the public. 
25 
 
26 
SEC 40. Judicial Review. — The Court of Appeals shall have the power of judicial review 
27 
over any final order or decision of the Commission rendered under Section 39 of this Act 
28 
and shall modify or set aside such order or decision when it clearly appears that there was 
29 
no evidence before the Commission to reasonably support such order or decision, or that 
30 
the same is contrary to law. Any such final decision or order may be reviewed by the Court 
31 
of Appeals on the application of any party or other person affected thereby, by certiorari 
32 
in appropriate cases, or by petition for review, in accordance with the Rules of Court, 
33 
within such period as the Commission may rule or prescribe but not exceeding thirty (30) 
34 
days from notice of such order or decision. An appeal shall not suspend the grant of 
35 
authorization, but shall maintain the suspension or revocation of authorization until after 
36 
the final disposition of the appeal by the Court of Appeals, unless said Court determines 
37 


 
25 
 
25
otherwise. Only questions of law on such order or decision may be reviewed by the 
1 
Supreme Court. 
2 
 
3 
SEC 41. Notice of Regulation. — No regulation adopted by the Commission shall be 
4 
effective less than fifteen (15) days after publication of the regulation in the Official 
5 
Gazette or in any newspaper of general circulation, except, that if the Commission finds 
6 
that health, safety, and security considerations or the national interest require otherwise, 
7 
the regulation may be made effective immediately upon publication in the Official Gazette 
8 
or in a newspaper of general circulation, or upon furnishing copies of the regulation to 
9 
the persons affected. 
10 
 
11 
SEC 42. Incident Reports. — No report by any licensee of any incident arising out of or 
12 
in connection with authorized activities made pursuant to any requirement of the 
13 
Commission shall be admitted as evidence in any suit or action for damages growing out 
14 
of any matter mentioned in such report. 
15 
 
16 
ARTICLE XIII 
17 
CIVIL LIABILITY FOR NUCLEAR AND RADIATION DAMAGE 
18 
SEC 43. Liability of the Operator. — The operator shall be liable for nuclear damage 
19 
upon proof that such damage has been caused by an nuclear incident under the following 
20 
circumstances: 
21 
a) When the incident occurred in the operator’s nuclear installation; 
22 
b) When the incident involved nuclear material which came or originated from the 
23 
operator's nuclear installation, and occurred in either of the following 
24 
circumstances: 
25 
1) before liability with regard to nuclear incidents involving the nuclear material 
26 
has been assumed, pursuant to the express terms of a contract in writing, by 
27 
another installation operator, or 
28 
2) in the absence of such express terms, before another installation operator has 
29 
taken charge of the nuclear material. 
30 
c) When the incident involved nuclear material that was sent to the operator's nuclear 
31 
installation, and occurred in either of the following circumstances:  
32 
1) after the liability with regard to nuclear incidents involving the nuclear material 
33 
has been assumed by the operator pursuant to the express terms of a contract 
34 
in writing, from another installation operator; or 
35 
2) in the absence of such express terms, after the operator has taken charge of the 
36 
nuclear material: Provided, That if nuclear damage is caused by an nuclear 
37 
incident that occurred in an nuclear installation and which involved nuclear 
38 


 
26 
 
26
material stored therein incidental to the carriage of such material, the 
1 
provisions of paragraph (a) of this Section shall not apply where another 
2 
installation operator or person is solely liable pursuant to the provisions of 
3 
paragraph (b) or (c) of this Section. 
4 
d) Any provision in this Section to the contrary notwithstanding, the installation 
5 
operator shall be liable for nuclear damage upon proof that such damage has been 
6 
caused by an nuclear accident involving nuclear material in the course of carriage 
7 
either to an nuclear installation located in the territory of a State that is not a party 
8 
to an international convention on civil liability for nuclear damage to which the 
9 
Philippines is a party; or when the nuclear material was being transported from 
10 
the Philippines to an operator in another country that is a Contracting Party to the 
11 
Vienna Convention. 
12 
e) For the purpose of this Act, whenever the damage, whether it was caused purely by 
13 
a nuclear incident or by an nuclear incident and one or more other occurrences, 
14 
such other damage shall, to the extent that it is not reasonably separable from the 
15 
nuclear damage, be deemed to be nuclear damage caused by that nuclear incident. 
16 
Where the damage is caused both by nuclear incident covered by this Section and 
17 
by an emission of ionizing radiation not covered by it, nothing in this Section shall 
18 
limit or otherwise affect the liability, either as regards any persons suffering 
19 
nuclear damage or by way of recourse or contribution of any person who may be 
20 
held liable in connection with that emission of ionizing radiation. 
21 
 
22 
SEC 44. Absolute and Exclusive Liability. — 
23 
a) The liability of the installation operator for nuclear damage shall be absolute.  
24 
b) The installation operator shall not be liable for nuclear damage caused by an 
25 
nuclear incident directly due to a grave natural disaster of an exceptional character. 
26 
c) Except as otherwise provided in this Act, no person other than the installation 
27 
operator shall be liable for nuclear damage. 
28 
 
29 
SEC 45. Recourse Actions. — The installation operator shall have a right of recourse only: 
30 
a) If there is such a right pursuant to the express provision of a written contract with 
31 
the other installation operator; or 
32 
b) If the nuclear incident results from an act or omission done with intent to cause 
33 
damage against the individual who has acted or omitted to act with such intent. 
34 
 
35 
SEC 46. Gross Negligence or Intentional Act of Claimant. — If the nuclear damage 
36 
resulted wholly or partly either from the gross negligence of the person suffering the 
37 


 
27 
 
27
damage or from an act or omission of such person done with intent to cause damage, the 
1 
Court may relieve the installation operator from the obligation to pay compensation for 
2 
the damage suffered by such person. 
3 
 
4 
SEC 47. Exceptions to Liability. — An installation operator shall not be liable for any 
5 
nuclear damage caused by an nuclear accident directly due to hostilities, armed conflict, 
6 
civil war or insurrection. 
7 
 
8 
SEC 48. Limit of Liability. — The liability of the installation operator for nuclear damage 
9 
under this Act shall be limited to an amount in Philippine pesos which is equivalent to 
10 
Four hundred (400) million Special Drawing Rights (SDRs) for any one nuclear incident, 
11 
exclusive of interest or costs which may be awarded by the Court in actions for 
12 
compensation of such nuclear damage. The amount may be subject to change, as 
13 
determined by the Commission, in accordance with international conventions ratified by 
14 
the Philippines. 
15 
 
16 
SEC 49. Exemption from Liability. — The installation operator shall not be liable under 
17 
this Act for nuclear damage either to the nuclear installation itself or to any property on 
18 
the site of that installation which is used or to be used in connection with that installation, 
19 
or to the means of transport upon which the nuclear material involved was located at the 
20 
time of the nuclear incident. 
21 
 
22 
SEC 50. Exclusions. —The Commission may, if it determines that the small extent of the 
23 
risk involved so warrants, exclude by regulation any small quantity of nuclear material 
24 
from the application of the provisions in this Article XIII:  
25 
Provided, That maximum limits for the exclusion of such quantities have been established 
26 
by the Board of Governors of the International Atomic Energy Agency:  
27 
Provided, further, That any exclusion must be within the limits so established. 
28 
 
29 
SEC 51. Certificate to Carrier. —In accordance with such regulations as the Commission 
30 
may issue, the appropriate installation operator shall provide the carrier which furnishes 
31 
carriage of nuclear material, with a certificate issued by or on behalf of the insurer or other 
32 
financial guarantor furnishing the financial security. 
33 
  
34 
SEC 52. Liability of Several Installation Operators. — Where nuclear damage is 
35 
attributed to more than one installation operator, the following rules shall apply: 
36 
a) In so far as damages attributable to each installation operator are not reasonably 
37 
separable, the installation operators involved shall be jointly and severally liable; 
38 


 
28 
 
28
b) In case the nuclear incident occurs in the course of carriage of nuclear material, 
1 
either in one and the same means of transport, or, in the case of storage incidental 
2 
to the carriage, in one and the same nuclear installation, and causes nuclear 
3 
damage for which is attributable to more than one installation operator, the total 
4 
liability shall not exceed the highest amount applicable with respect to any of the 
5 
concerned operators, and in accordance with Section 44 of this Act; and 
6 
c) In neither of the cases referred to in paragraphs (a) and (b) of this Section shall the 
7 
liability of any one installation operator exceed the amount established in Section 
8 
48 hereof. 
9 
SEC 53. Operator of Several Installations. - Subject to the provisions of Section 52 where 
10 
several nuclear installations of one and the same installation operator are involved in one 
11 
nuclear incident, such installation operator shall be liable in respect to each nuclear 
12 
installation involved, up to the amount applicable provided in Section 48 of this Act. 
13 
 
14 
SEC 54. Carrier or Handler of Nuclear Material as Installation Operator. — The 
15 
Commission may, subject to such terms and conditions as it may subscribe by regulation 
16 
or order, designate a carrier of nuclear material or a person handling radioactive waste, 
17 
upon the carrier's request and with the consent of the installation operator concerned, to 
18 
act as installation operator in respect of such nuclear material or radioactive waste, 
19 
respectively. 
20 
 
21 
SEC 55. Court Having Jurisdiction. —The Regional Trial Court having jurisdiction over 
22 
the place where the nuclear incident occurs shall have jurisdiction to determine claims 
23 
for compensation for any nuclear damage. 
24 
 
25 
SEC 56. Intervention of Commission in Court Proceedings. —When, after the occurrence 
26 
of an nuclear incident, it appears that the Government will have indemnify a person for 
27 
damages, the Court having jurisdiction over the claims for compensation arising from the 
28 
nuclear incident shall, at any time before final judgment, allow the Commission to, upon 
29 
its petition, intervene in the proceedings with respect to technical issues. 
30 
 
31 
SEC 57. Compulsory Processes. —After the occurrence of an nuclear incident for which 
32 
it appears compensation may be payable, the Commission may adopt such measures as 
33 
may be appropriate to determine the persons who were or might have been exposed to 
34 
ionizing radiation resulting from such nuclear incident, which measures may include 
35 
summons to such persons to submit themselves to examination before such authority or 
36 
body as  shall  be  designated by the Commission  within three  (3)  months  from  the  
37 
date   of summons. In determining the amount of damages or the right to recover 
38 


 
29 
 
29
damages, the Court may, in its discretion, take into account the inexcusable failure of the 
1 
claimant to fulfill or comply with the foregoing obligation. 
2 
 
3 
SEC 58. Investigation of Nuclear Incidents. - The Commission shall investigate the 
4 
cause and extent of any nuclear incident for which it appears compensation may be 
5 
payable under this Act, and its finding shall be made available to the public, to the parties 
6 
involved, and to the Courts. 
7 
 
8 
 
9 
ARTICLE XIV 
10 
TRANSITORY PROVISIONS 
11 
SEC 59. The Philippine Nuclear Research Institute (PNRI). - 
12 
a) The regulatory function of the PNRI is hereby transferred to the Commission;  
13 
b) The development, promotion, and use of atomic energy for peaceful applications 
14 
shall remain the responsibility of the Institute, whereupon the Director of the 
15 
Institute shall, in coordination with the DBM, draw up its new organizational 
16 
structure in accordance with existing laws and civil service rules and regulations; 
17 
c) Previous regulatory issuances — all regulations, rules, orders previously 
18 
established by the PNRI shall remain in force until superseded by the Commission 
19 
by appropriate orders or issuances. 
20 
 
21 
SEC 60. The Center for Device Regulation, Radiation, Health and Research. – 
22 
a) The regulatory functions of the Center for Device Regulation, Radiation, Health 
23 
and Research (CDRRHR) of the Department of Health (DOH) over devices 
24 
generating ionizing radiation by virtue of Republic Act No.9711 otherwise known 
25 
as "The Food and Drug Administration Act of 2009", are deemed transferred to 
26 
the Commission: Provided, that the DOH shall continue to exercise administrative 
27 
supervision over the CDRRHR. All regulations, rules, orders pertaining to ionizing 
28 
radiation previously established by the CDRRHRR shall remain in force until 
29 
superseded by the Commission. 
30 
b) This Act shall in no way prevent the DOH or its line agencies from imposing 
31 
additional requirements for the regulation of medical and health-related devices 
32 
in the interest of public health and safety as provided for by law. 
33 
SEC 61. Human Resources. —All plantilla positions of the Nuclear Regulatory Division 
34 
of the PNRI, DOST are hereby transferred to the Commission. Thereafter, all powers, 
35 
functions and duties, records, files, and assets pertaining to regulation of nuclear and 
36 
radioactive materials and facilities of the PNRI shall be transferred to the Commission. 
37 


 
30 
 
30
All plantilla positions of the Radiation Regulation Division of the Center for Device 
1 
Regulation, Radiation, Health and Research (CDRRHR) of the DOH which have 
2 
responsibilities solely in ionizing radiation regulation are also hereby transferred to the 
3 
Commission. Thereafter, all powers, functions and duties, records, files, and assets of 
4 
these organizational units shall be transferred to the Commission. 
5 
Republic Act No. 6656, entitled “An Act To Protect The Security Of Tenure Of Civil Service 
6 
Officers And Employees In The Implementation Of Government Reorganization shall 
7 
govern the reorganization of the Nuclear Regulatory Division of the PNRI and the 
8 
Radiation Regulation Division of the CDRRHR, as this affects their respective personnel. 
9 
The Commission shall draw up its organizational structure in accordance with Civil 
10 
Service law, rules and regulations, and subject to the evaluation and approval of the DBM 
11 
within three (3) months upon submission with the Civil Service Commission (CSC). 
12 
 
13 
SEC 62. Magna Carta for Science and Technology Personnel. — Qualified employees of 
14 
the Commission and its attached units shall be covered by Republic Act No. 8439, as 
15 
amended, otherwise known as the "Magna Carta for Scientists, Engineers, Researchers 
16 
and other S & T personnel in the Government." 
17 
 
18 
ARTICLE XV 
19 
PENAL PROVISIONS 
20 
SEC 63. Violation of Specific Provisions of the Act. — Any person who willfully violates, 
21 
attempts to violate, or conspires to violate, any provision of Section 16 of this Act shall 
22 
upon conviction thereof, suffer the penalty of imprisonment of not more than five (5) 
23 
years or a fine ranging from One million pesos (PHP 1,000,000.00) to Five million pesos 
24 
(PHP 5,000,000.00), or both. 
25 
 
26 
SEC 64. Violation of Other Provisions of this Act. — Any person who willfully violates, 
27 
attempts to violate, or conspires to violate any provision of this Act for which no penalty 
28 
is specifically provided, or of any regulation, order or authorization issued under this Act 
29 
shall, upon conviction thereof, suffer the penalty of imprisonment of not more than two 
30 
(2) years or a fine of not more than Five hundred thousand pesos (PHP 500,000.00), or 
31 
both. 
32 
 
33 
ARTICLE XVI 
34 
FINAL PROVISIONS 
35 
SEC 65. Appropriations. — The amount necessary to cover the initial implementation of 
36 
this Act shall be charged against the current year's appropriations of the Nuclear 
37 


 
31 
 
31
Regulatory Division of the PNRI and the Radiation Regulation Division of the CDRRHR 
1 
responsible in ionizing radiation regulation. Thereafter, the funding of which shall be 
2 
included in the annual General Appropriations Act. 
3 
 
4 
SEC 66. Implementing Rules and Regulations. — The Commission shall in consultation 
5 
with the DOST, DBM, PLLO and the CSC issue within one hundred eighty (180) days from 
6 
the effectivity of this Act, the rules and regulations necessary to effectively implement its 
7 
provisions. 
8 
 
9 
SEC 67. Separability Clause. —If any provision of this Act shall be declared 
10 
unconstitutional or invalid, the other provisions not otherwise affected shall remain in 
11 
full force and effect. 
12 
 
13 
SEC 68. Repealing Clause. — Sec. 16, Sec. 16-a, Sec. 16-b, Sec. 17, Sec. 18, and Sec. 19 of 
14 
Republic Act No. 2067, otherwise known as the Science Act of 1958, as amended, Sec. 4 
15 
of Republic Act No. 5207, as amended by PD 1484 otherwise known as the Atomic Energy 
16 
Regulatory and Liability Act of 1968, Sec. 6(h) of Republic Act No. 6969 otherwise known 
17 
as the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990, Sec. 21 
18 
of Executive Order No. 128 Series of 1987 on Reorganizing the National Science and 
19 
Technology Authority, and pertinent provisions of Republic Act No. 9711 otherwise 
20 
known as the Food and Drug Administration Act of 2009 are hereby repealed. All other 
21 
laws, executive orders, proclamations, rules, regulations, and other issuances or parts 
22 
thereof which are inconsistent with the provisions of this act are hereby repealed or 
23 
amended accordingly. 
24 
 
25 
SEC 69. Effectivity. —This Act shall take effect fifteen (15) days after its publication in 
26 
the Official Gazette or in a newspaper of general circulation. 
27 
 
Approved,