1 
 
EIGHTEENTH CONGRESS OF THE  
) 
REPUBLIC OF THE PHILIPPINES  
) 
Second Regular Session 
 
 
) 
 
 
S E N A T E 
 
S. No. _______ 
 
 
 
Introduced by SENATOR RAMON BONG REVILLA, JR. 
 
 
AN ACT 
PROVIDING FOR A COMPREHENSIVE ATOMIC REGULATORY FRAMEWORK, 
CREATING FOR THE PURPOSE, THE PHILIPPINE ATOMIC REGULATORY 
COMMISSION, AND APPROPRIATING FUNDS THEREFOR 
 
EXPLANATORY NOTE 
 
 
Atomic science and nuclear technologies are often associated and exclusively 
connected with nuclear energy, destructive weapons and the hazardous threats they 
may pose to human life and the environment. But the field is so much more than 
these. In fact, they find productive and important uses in various sectors such as 
health and nutrition, food and agriculture, nature and biodiversity, and many 
industries.  
 
 For instance, nuclear-derived techniques can help identify, control and prevent 
the spread of diseases, such as Malaria, Ebola, Zika, and Covid-19. The reverse 
transcription-polymerase chain reaction (RT-PCR), a method used to detect the novel 
Coronavirus, is actually a nuclear-derived technique1. Nuclear medicine is widely used 
for the diagnosis and treatment of cancer and cardiovascular diseases. 
 
This proposed bill aims to harness the peaceful uses of atomic energy that can 
provide significant benefits in public health and medicine, environment protection and 
climate change adaptation, food safety and increased crop production, product 
innovation, among others. Moreover, it seeks to establish a legal and modern 
framework for the regulation and control of peaceful uses of radiation sources, atomic 
 
1 https://www.iaea.org/topics/infectious-diseases  
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2 
 
material, and any other radioactive material. The measure also seeks to implement 
international standards consistent with the obligations of the country to various 
international treaties and agreements related to atomic safety and security and nuclear 
material.  
The bill also lays the mechanism for a strengthened national preparedness and 
effective emergency response in the event of a catastrophic atomic incident, in view 
of protecting the health of the general public and the environment. Lastly, it proposes 
the creation of the Philippine Atomic Regulatory Commission (PARC) which shall be 
the national authority and the independent central atomic regulatory body responsible 
over all aspects of safety, security, and safeguards involving sources of ionizing 
radiation, atomic materials and other radioactive materials, facilities, activities, and 
radiation generating equipment. 
 
A similar measure was already approved on Third Reading by the House of 
Representatives during the Third Regular Session of the 17th Congress. 
In this light, consideration of this bill is earnestly recommended. 
 
 
 
 
RAMON BONG REVILLA, JR. 
 
 


1 
 
EIGHTEENTH CONGRESS OF THE  
) 
REPUBLIC OF THE PHILIPPINES  
) 
Second Regular Session 
 
 
) 
 
 
S E N A T E 
 
S. No. _______ 
 
 
 
Introduced by SENATOR RAMON BONG REVILLA, JR. 
 
 
AN ACT 
PROVIDING FOR A COMPREHENSIVE ATOMIC REGULATORY FRAMEWORK, 
CREATING FOR THE PURPOSE, THE PHILIPPINE ATOMIC REGULATORY 
COMMISSION, AND APPROPRIATING FUNDS THEREFOR 
 
Be it enacted by the Senate and House of Representative of the Philippines in Congress 
assembled: 
 
ARTICLE I 
GENERAL PROVISIONS 
 
 
Section 1. Short Title. – This Act shall be known as the Comprehensive Atomic 
1 
Regulation Act. 
2 
Sec. 2. Declaration of Policy. — It is hereby declared to be the policy of the 
3 
State to: 
4 
a) 
Harness the peaceful uses of atomic energy that can provide important 
5 
benefits in health and medicine, energy production, scientific research, 
6 
agriculture, industry, and education; 
7 
b) 
Recognize the potentially harmful effects of ionizing radiation resulting 
8 
from improper use, accidents, or malicious acts, as well as determine 
9 
the doses of radiation for which their ill-effects disappear or become 
10 
beneficial; 
11 
c) 
Protect individuals, society, and the environment from the potentially 
12 
harmful effects of ionizing radiation, including those resulting from 
13 
improper use, accidents or malicious acts; 
14 
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1998


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


3 
 
Southeast Asia Nuclear Weapon-Free Zone; Comprehensive Test Ban 
1 
Treaty; the Agreement between the Philippines and the International 
2 
Atomic Energy Agency (IAEA) for the Application of Safeguards in 
3 
Connection with the NPT (the Safeguards Agreement); Additional 
4 
Protocol to Safeguards Agreement; Vienna Convention on Civil Liability 
5 
for Nuclear Damage; Agreement on the Privileges and Immunities of the 
6 
IAEA; Convention on the Physical Protection of Nuclear Material, United 
7 
Nations Resolutions on Nuclear Security, and other relevant international 
8 
instruments entered into by the Republic of the Philippines. 
9 
e) 
To take cognizance on the pending conventions signed by the Philippine 
10 
Government such as Amendment to the Convention on Physical 
11 
Protection of Nuclear Materials; International Convention on the 
12 
Suppression of Acts of Nuclear Terrorism; Convention on Nuclear Safety; 
13 
and Joint Convention on the Safety of Spent Fuel Management and on 
14 
the Safety of Radioactive Waste Management. 
15 
Sec. 4. Scope, Exemption and Exclusion. –  
16 
a) 
This Act shall apply to all activities and practices involving the  peaceful 
17 
uses of atomic energy and other radioactive materials, associated 
18 
facilities and activities and radiation sources conducted within the 
19 
territory or under the jurisdiction or control of the Philippines; 
20 
b) 
This Act shall not apply to activities or practices involving exposures that 
21 
have been excluded from regulatory control through regulations 
22 
established by the Philippine Atomic Regulatory Commission. 
23 
c) 
This Act shall not apply to regulation of sources of non-ionizing radiation. 
24 
 
25 
The uses of atomic energy and ionizing radiation in the country shall be 
26 
for peaceful uses only.  Any activities or practices related to the 
27 
acquisition or development of atomic explosives, radiological dispersal 
28 
devices, or other peaceful uses of atomic or other radioactive materials 
29 
and related technology or assisting others in such activities are strictly 
30 
prohibited.  
31 
Sec. 5. Definitions. —As used in this Act: 
32 


4 
 
a) 
Activity – refers to the amount of radionuclide produced in a given 
1 
energy state at a given time, also known as radioactivity; 
2 
b) 
Activities – refer to the production, use, import and export of radiation 
3 
sources for industrial, research and medical purposes; the transport of 
4 
radioactive material; the siting, construction, commissioning, operation 
5 
and decommissioning of facilities of facilities; radioactive waste 
6 
management activities such as the discharge of effluents; the mining 
7 
and processing of radioactive ores; site rehabilitation including the 
8 
remediation of sites affected by the residues from the past activities; 
9 
and such other activities as the PARC shall from time to time determine; 
10 
c) 
Atomic – refers to any process related to the atom, the basic building 
11 
block of matter; 
12 
d) 
Atomic accident – refers to any unintended event, including operating 
13 
errors, equipment failures and other mishaps, the consequences or 
14 
potential consequences of which are not negligible from the point of view 
15 
of protection or safety; 
16 
e)  
Authorization – refers to a written permission granted by the PARC to a 
17 
person who has submitted an application involving atomic and 
18 
radioactive materials and associated facilities, and ionizing radiation 
19 
generating equipment. The authorization can take the form of a 
20 
registration, or a license; 
21 
f)  
Decommissioning – refers to the administrative and technical actions 
22 
taken to allow the removal of some or all of the regulatory controls from 
23 
a facility to ensure the long term protection of the public and the 
24 
environment, and typically include reducing the levels of residual 
25 
radionuclides in the materials and on the site of the facility so that the 
26 
materials can be safely recycled, reused, or disposed of as exempt waste 
27 
or as radioactive waste and the site can be released for unrestricted use 
28 
or otherwise reused; 
29 
g) 
Emergency plan – refers to a description of the objectives, policy, and 
30 
concept of operations for the response to an emergency and of the 
31 
structure, authorities and responsibilities for a systematic, coordinated 
32 


5 
 
and effective response. The emergency plan serves as the basis for the 
1 
development of other plans, procedures and checklists; 
2 
h) 
Emergency preparedness – refers to the capability to take actions that 
3 
will effectively mitigate the consequences of an emergency for human 
4 
health and safety, quality of life, property, and the environment; 
5 
i) 
Emergency response – refers to the performance of actions to mitigate 
6 
the consequences of an emergency for human health and safety, quality 
7 
of life, property, and the environment; 
8 
j) 
Exclusion – refers to the deliberate excluding of a particular category of 
9 
exposure from the scope of an instrument of regulatory control on the 
10 
grounds that it is not considered amenable to regulatory control through 
11 
the regulatory instrument in question. 
12 
k) 
Exemption – refers to the determination by the PARC that a source or 
13 
practice need not be subject to some or all aspects of regulatory control 
14 
on the basis that the exposure, including potential exposure, due to the 
15 
source or practice being too small to warrant the application of those 
16 
aspects or that this is the optimum option for protection irrespective of 
17 
the actual level of the doses or risks; 
18 
l) 
Facilities – refer to atomic installations or radiation facilities in which 
19 
people may be exposed to ionizing radiation. These include: 
20 
1) uranium mining and raw material processing facilities such as  
21 
uranium mines; 
22 
2) enrichment facilities and atomic fuel facilities; 
23 
3) atomic power plants; 
24 
4) other reactors such as research reactors and critical assemblies; 
25 
5) conversion facilities used to generate uranium hexafluoride (UF6); 
26 
6) atomic and radiation facilities for medical, industrial, research, and 
27 
education purposes; and 
28 
7) such other facilities as the PARC shall determine from time to time; 
29 
m) 
Facility operators – refer to any organization or person applying for 
30 
authorization or authorized or responsible for atomic, radiation, 
31 
radioactive waste or transport safety when undertaking activities or in 
32 


6 
 
relation to any atomic facility or source of ionizing radiation. This 
1 
includes, inter alia, private individuals, governmental bodies, consignors 
2 
or carriers, licensees, hospitals, and self-employed persons; 
3 
n) 
Income – refers to the fees and other payments given to the PARC in 
4 
the conduct of its regulatory functions; 
5 
o) 
Individual operator – refers to any individual who manipulates the 
6 
controls of atomic installation and radiation facility; 
7 
p) 
Installation operator – refers to any person, organization, or government 
8 
entity licensed or authorized to undertake the operation of an atomic or 
9 
radiation facility, 
10 
q) 
Ionizing radiation – refers to electromagnetic or particulate radiation 
11 
capable of producing ion pairs directly or indirectly; 
12 
r) 
Ionizing radiation sources – refer to atomic and other radioactive 
13 
materials facilities and radiation generating equipment; 
14 
s) 
License – refers to a legal document issued by the PARC granting 
15 
authorization to perform specified activities related to facilities or 
16 
activities or any authorization granted by the PARC to the applicant to 
17 
have 
the 
responsibility 
for 
the 
siting, 
design, 
construction, 
18 
commissioning, operation or decommissioning of an atomic installation; 
19 
t) 
Licensee – refers to the authorized person who is a holder of a valid 
20 
license granted for a practice or source who has recognized rights and 
21 
duties for the practice or source, particularly in relation to protection and 
22 
safety; or an organization having overall responsibility for facilities or 
23 
activities; 
24 
u) 
Natural sources – refer to naturally occurring sources of radiation, such 
25 
as the sun and stars (sources of cosmic radiation) and rocks and soil 
26 
(terrestrial sources of radiation); 
27 
v) 
Notification – refers to a document submitted to PARC by a person to 
28 
notify an intention to carry out a practice or other use of source;   
29 
w) 
Physical protection – refers to technical and organizational measures for 
30 
protection from atomic material or authorized facilities designed to 
31 


7 
 
prevent unauthorized access to Atomic installations, Atomic materials 
1 
and other radioactive materials; 
2 
x) 
Practices – refer to activities that introduce additional sources of 
3 
exposure or exposure pathways or extends exposure to additional 
4 
people or modifies the network of exposure pathways from existing 
5 
sources, so as to increase the exposure or the likelihood of exposure of 
6 
people, or the number of people exposed; 
7 
y) 
Radiation facility – refers to a facility that utilizes radioactive materials; 
8 
particle accelerator facility; and other such facility that the PARC shall 
9 
determine from time to time; 
10 
z) 
Radiation generating equipment or radiation generator – refers to an 
11 
equipment or device that generates ionizing radiation when energized 
12 
(e.g., x-ray generating equipment) or that would, if assembled or 
13 
repaired, be capable of producing ionizing radiation when energized, or 
14 
an equipment as the PARC shall from time to time determine; 
15 
aa) 
Radiation protection – refers to the protection of people and the 
16 
environment from the harmful effects of ionizing radiation; 
17 
bb) 
Radiation source – refers to a radiation generator, or a radioactive 
18 
source, or other radioactive material outside the atomic fuel cycles of 
19 
research and power reactors; 
20 
cc) 
Radioactive material – refers to any material designated in national law 
21 
or by a regulatory body as being subject to regulatory control because 
22 
of its radioactivity which includes sealed and unsealed sources and 
23 
radioactive waste; 
24 
dd) 
Radioactive source – refers to a radioactive material which is not exempt 
25 
from regulatory control and which is not sealed and not in a solid form 
26 
or which is permanently sealed in a capsule or closely bonded and in a 
27 
solid form. This also includes any radioactive material released if the 
28 
radioactive source is leaking or broken, but does not include material 
29 
encapsulated for disposal, or atomic material within the atomic fuel 
30 
cycles of research and power reactors;  
31 


8 
 
ee) 
Radioactive waste – refers to waste substances, objects or equipment 
1 
for which no further use is foreseen by their owner, with a radionuclide 
2 
content or surface radionuclide contamination exceeding values 
3 
permitting their discharge into the environment. These values shall be 
4 
set out in an implementing regulation; 
5 
ff) 
Radioactive waste disposal – refers to the permanent emplacement of 
6 
radioactive waste into areas, facilities or installation without intent to 
7 
retrieve it; 
8 
gg)  
Radioactive waste and spent fuel storage – refers to the holding of 
9 
radioactive sources, spent fuel or of radioactive waste in a facility that 
10 
provides for their containment, with the intention of retrieval at a future 
11 
date; 
12 
hh)  
Radionuclide – refers to an unstable form of a chemical element that 
13 
radioactively decays, resulting in the emission of atomic radiation; 
14 
ii) 
Registrant – refers to the holder of a current registration; 
15 
jj) 
Registration – refers to a form of authorization for practices of low or 
16 
moderate risks whereby the person responsible for the practice has 
17 
prepared and submitted a safety assessment of the facilities and 
18 
equipment to the PARC created under Article II, Sec. 6 of this Act, and 
19 
has complied with the legal requirements. The requirements for safety 
20 
assessment and the conditions or limitations applied to the practice 
21 
should be less severe than those for licensing. 
22 
Typical practices that may be registered are those undertaken in facilities 
23 
whose design and equipment ensure safety, or those whose operating 
24 
procedures are simple and easy to follow, those that require minimal 
25 
safety training, or those that historically have produced minimal safety 
26 
problems; 
27 
kk) 
Safeguards – refer to measures undertaken to ensure that the Atomic 
28 
material, 
non-atomic 
material, 
services, 
equipment, 
facilities, 
29 
information, and certain items are not used for the manufacture of 
30 
atomic weapons or any other atomic explosive devices or to further any 
31 
military purpose; 
32 


9 
 
ll) 
Safety – refers to the protection of people and the environment against 
1 
radiation risks, and of facilities and activities that give rise to radiation 
2 
risks; 
3 
mm) Security – refers to the prevention and detection of and response to, 
4 
theft, sabotage, unauthorized access, illegal transfer or other malicious 
5 
acts involving atomic material, other radioactive substances or their 
6 
associated facilities; 
7 
nn) 
Source – refers to anything that may cause radiation exposure such as 
8 
by the emission of ionizing radiation or by the release of radioactive 
9 
substances or material that can be treated as a single entity for 
10 
protection and safety purposes; 
11 
oo) 
Special Drawing Right, hereinafter referred to as SDR – refers to the unit 
12 
of account defined by the International Monetary Fund and used by it 
13 
for its own operations and transactions; 
14 
pp) 
Special fissionable materials – refer to Plutonium-239, Uranium-233, 
15 
Uranium enriched in the isotopes 235 or 233 and materials containing 
16 
one or more of the foregoing in concentration or amount exceeding 
17 
values established by the Philippine Atomic Regulatory Commission; 
18 
qq) 
Spent fuel – refers to atomic fuel that has been irradiated in and 
19 
permanently removed from a reactor core; and 
20 
rr) 
Technical and scientific support organization – refers to an external 
21 
organization or group of experts who are not part of the Philippine 
22 
Atomic Regulatory Commission's permanent staff from whom it may 
23 
seek advice or recommendations. 
24 
 
25 
ARTICLE II 
26 
THE PHILIPPINE ATOMIC REGULATORY COMMISSION 
27 
Sec. 6. Creation and Mandate of the Philippine Atomic Regulatory Commission. 
28 
— There is hereby created an independent central atomic regulatory body to be known 
29 
as the Philippine Atomic Regulatory Commission (PARC) which shall have exclusive  
30 
authority for exercising regulatory control over all aspects of safety, security, and 
31 


10 
 
safeguards involving sources of ionizing radiation, atomic materials and other 
1 
radioactive materials, facilities, and activities, and radiation generating equipment. 
2 
Sec. 7. Regulatory Policy. — In issuing authorizations and other regulations 
3 
under this Act, the PARC shall: 
4 
a) 
Impose the minimum requirements to protect the health and safety of 
5 
the public and the environment, and ensure the security of atomic and 
6 
radioactive material, radiation sources and their associated facilities; 
7 
b) 
Prevent the spread of atomic weapons and prevent atomic or radiological 
8 
terrorism consistent with the obligations of the Philippines under 
9 
relevant international instruments; 
10 
c) 
Establish and implement regulations, rules and orders consistent with 
11 
relevant international standards and best practices; and 
12 
d) 
Ensure that operators are technically and financially qualified to engage 
13 
in the proposed activities in accordance with the requirements of this Act 
14 
and the PARC's regulations, and has financial protection to fulfil 
15 
obligations on liability for atomic and radiation damage. 
16 
Sec. 8. Functions of the PARC. - The PARC shall: 
17 
a) 
Define, formulate, develop, and issue policies, regulations, orders, rules, 
18 
standards, regulatory guides, and other issuances necessary for the 
19 
implementation of this Act and its implementing rules and regulations; 
20 
b) 
Issue, amend, and revoke rules, regulations and orders including those 
21 
pertaining to the financial capability of facility operators to cover liability 
22 
for atomic damage; 
23 
c) 
Establish and implement a system of authorization in the form of 
24 
registration and licensing, including modifications, amendments, 
25 
suspension, and revocation of such authorizations; 
26 
d) 
Review and assess submissions on safety assessments and security 
27 
plans from the facility operators prior to authorization and periodically 
28 
thereafter, as required; 
29 
e) 
Inspect, monitor, and assess facilities, activities and practices to ensure 
30 
compliance with applicable regulations, and the terms and conditions of 
31 
authorizations; 
32 


11 
 
f) 
Take enforcement measures in the event of non-compliance with 
1 
applicable regulations or the terms and conditions of authorizations; 
2 
g) 
Define exemptions and exclusions from regulatory control; 
3 
h) 
Ensure the application of safety, safeguard, and security requirements 
4 
consistent with national and international commitments; 
5 
i) 
Hold hearings and conduct investigations, and for these purposes, 
6 
administer oaths and affirmations and issue subpoenas to any person to 
7 
appear and testify, or to appear and produce documents at any 
8 
designated time and place; 
9 
j) 
Cooperate with other governmental or non-governmental bodies that are 
10 
having competence in areas such as health and safety, environmental 
11 
protection, security, and transportation of atomic and related dangerous 
12 
goods; 
13 
k) 
Act as the national authority on atomic safety, security and regulatory 
14 
matters relative to the International Atomic Energy Agency (IAEA), 
15 
foreign governments, ministries, departments, and agencies, relevant 
16 
regional and international organizations, including law enforcement and 
17 
intelligence agencies; 
18 
l) 
Participate in relevant regional and international conferences, meetings, 
19 
workshops, seminars and trainings related to safety, security, and 
20 
safeguards of atomic and other radioactive materials and safety of 
21 
radiation generating equipment; 
22 
m) 
Obtain experts' advice and opinions necessary to perform its functions, 
23 
including the hiring of consultants, contracting of specific projects, or 
24 
establishing Technical and Scientific Support Organizations (TSOs) or ad 
25 
hoc advisory bodies; 
26 
n) 
Cooperate with other relevant government agencies to establish and 
27 
maintain a national radiological emergency preparedness and response 
28 
plan;  
29 
o) 
Carry out or contract research activities on radiation safety and security; 
30 
p) 
Establish appropriate mechanisms and procedures for informing and 
31 
consulting the public and other stakeholders about the regulatory 
32 


12 
 
process and the safety, health, and environmental aspects of regulated 
1 
activities and practices, including incidents, accidents, and abnormal 
2 
occurrences; 
3 
q) 
Exercise regulatory control with respect to ionizing radiation sources, 
4 
including issuing authorization; 
5 
r) 
Establish and maintain a national register of radiation sources; 
6 
s) 
Establish and maintain a national register of persons authorized to carry 
7 
out activities or practices under this law; 
8 
t) 
Cooperate with the IAEA in the application of safeguards in accordance 
9 
with the Safeguards Agreement, and any protocols thereto, between the 
10 
Republic of the Philippines and the IAEA, including conducting 
11 
inspections and visits, carrying out complementary access and providing 
12 
any assistance or information required by designated IAEA inspectors in 
13 
the fulfillment of their responsibilities; 
14 
u) 
Establish and maintain a State System of Accounting for and Control of 
15 
atomic material and a national system for the registration of licenses for 
16 
atomic material, and to establish the necessary reporting and record 
17 
keeping and requirements pursuant to the Safeguards Agreement, and 
18 
any protocols thereto, between a State and the IAEA; 
19 
v) 
Perform such other relevant functions necessary to implement the 
20 
provisions of this Act. 
21 
Nothing in this Act shall preclude the authorized agents of the Department of 
22 
National Defense and other law enforcement agencies to conduct inspections of 
23 
activities jointly with the authorized representatives of the PARC when the national 
24 
security of the State is involved.  
25 
Sec. 9. Management System. — The PARC shall establish, implement, and 
26 
assess a management system that is aligned with its safety goals and contributes to 
27 
its achievement. The PARC shall ensure that regulatory control is stable and 
28 
consistent. 
29 
Sec. 10. Organizational Structure of the PARC. —The PARC shall be headed by 
30 
a Commissioner who shall be appointed by the President for a term of five (5) years 
31 
with a rank equivalent to an Undersecretary. The Commissioner shall be assisted by 
32 


13 
 
four (4) Deputy Commissioners who shall be appointed by the President with a rank 
1 
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 
3 
appointed to serve for five (5) years. The four (4) deputy commissioners shall 
4 
represent the following sectors: (a) health, (b) energy, (c) defense and security, and 
5 
(d) industry which shall include research, industry, agriculture, and environment. The 
6 
commissioner may come from any of the aforesaid sectors. 
7 
The Commissioner or at least one (1) Deputy Commissioner shall have the 
8 
necessary scientific and technical qualifications, preferably an advanced degree in 
9 
natural sciences or engineering or a broad professional background in any of the said 
10 
fields. 
11 
The members of the PARC shall not be removed from office except for just 
12 
cause and after due process as provided by law. 
13 
For the proper management and effective implementation of the objectives of 
14 
the PARC, an Executive Director shall be appointed by the President upon the 
15 
recommendation of the Commissioner, and shall perform the following functions: 
16 
a) 
Assist the Commissioner in the discharge of the executive and 
17 
administrative functions; 
18 
b) 
Coordinate and direct the activities of the staff and be responsible for 
19 
the day-to-day management of the affairs and activities of the PARC; 
20 
c) 
Recommend and develop plans to achieve the PARC's objectives; and 
21 
d) 
Perform such other relevant functions necessary to implement the 
22 
provisions of this Act. 
23 
All other officials and employees of PARC shall be appointed by the 
24 
Commissioner subject to the civil service laws, rules and regulations. 
25 
Sec. 11. Official Site of PARC. — A land area equivalent to at least ten (10) 
26 
hectares out of the area of lands which are under the administration of the Bases 
27 
Conversion and Development Authority (BCDA) within the Clark Special Economic 
28 
Zone in Pampanga and Tarlac, shall be allocated exclusively for the PARC office: 
29 
Provided, That the PARC shall establish additional offices in strategic areas as it may 
30 
deem necessary: Provided further, That the boundaries and technical descriptions of 
31 
these land areas shall be determined by an actual and joint group survey. 
32 


14 
 
Sec. 12. Fees and Charges. — The PARC is authorized to charge and collect 
1 
reasonable fees in the performance of its regulatory functions: Provided, That such 
2 
fees shall be imposed by regulation on the basis of such published criteria as the PARC 
3 
deems appropriate. The fees and charges collected by the PARC shall be deposited 
4 
with the Bureau of the Treasury as income of the general fund pursuant to Section 
5 
44, Chapter 5, Book VI of Executive Order. No. 292, s. 1987. 
6 
Sec. 13. Radioactive Waste Management Fund. - A portion of the payment of 
7 
the electricity generated from the use of Atomic energy shall be set aside to establish 
8 
a Radioactive Waste Management Fund in view of the importance of Atomic waste 
9 
disposal and spent fuel. The Fund shall be held in escrow and can only be utilized for 
10 
the decommissioning of atomic facilities including the safe management including 
11 
disposal of the atomic waste and spent fuel which shall include siting research, 
12 
transports, and final geological disposal. The portion of the payment portion shall be 
13 
determined by the PARC based on international practice. 
14 
Sec. 14. Technical and Scientific Support Organizations. — The PARC is 
15 
authorized to seek expert opinion and recommendations from independent technical 
16 
and scientific support organizations that do not pose a conflict of interest, or 
17 
improperly influence the PARC's regulatory decision making. Any advice offered shall 
18 
not relieve the PARC of its responsibilities under this Act, other relevant laws, and 
19 
applicable regulations. 
20 
Sec. 15. Establishment of an Advisory Board. — There shall be established an 
21 
advisory board to assist and advise the Commissioners on safety and security matters 
22 
arising from the use of atomic and radioactive materials and from the operation of 
23 
atomic installations and radiation facilities, and on regulations applicable to such 
24 
authorizations. The advisory board shall be composed of not more than twelve (12) 
25 
members as follows: 
26 
a) 
Secretary of the Department of Science and Technology, as Chairperson; 
27 
b) 
Secretary of the Department of Health, as Vice Chairperson; 
28 
c) 
Secretary of the Department of Energy, as Member; 
29 
d) 
Secretary of the Department of Environment and Natural Resources, as 
30 
Member; 
31 
e) 
Secretary of the Department of National Defense, as Member; 
32 


15 
 
f) 
Secretary of the Department of Trade and Industry, as Member; 
1 
g) 
Secretary of the Department of Agriculture, as Member; and 
2 
h) 
A maximum of five (5) experts from the academe or nongovernment 
3 
organizations, or both. 
4 
The advice of the Board may be considered by the PARC in its decisions or 
5 
resolutions: Provided, however, That the decision of the PARC shall prevail. The PARC 
6 
shall be ultimately accountable for its decisions and actions. 
7 
The Advisory Board may be convened anytime by the Chairperson, or upon the 
8 
request of the PARC. 
9 
ARTICLE III 
10 
REGULATION AND AUTHORIZATION OF FACILITIES AND ACTIVITIES 
11 
Sec. 16. Activities Subject to Authorization. — It shall be unlawful for any 
12 
person to transfer, construct, receive, own, possess, operate, import or export any 
13 
atomic installation and radiation facility except under an authorization issued by the 
14 
PARC. A person or organization shall be required specific authorization issued by the 
15 
PARC to conduct any of the following activities or practices: 
16 
a) 
Transfer, receipt, acquisition, ownership, possession, or use of atomic or 
17 
radioactive material for medical, industrial, agricultural, and research 
18 
applications; 
19 
b) 
Manufacture and distribution of radioactive materials or products 
20 
containing radioactive materials to other licensees or persons exempt 
21 
from 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 atomic installations; 
27 
f) 
Transport of atomic or radioactive materials to, within, and from the 
28 
Philippines; and, 
29 
g) 
Engaging in or provision of atomic technical services. 
30 
Sec. 17. Requirement for Authorization. — 
31 


16 
 
a) 
Any person who intends to engage in any activity or practice mentioned 
1 
in the immediately preceding section shall submit an application to the 
2 
PARC indicating its intention to carry out such activity or practice in the 
3 
form and within the time limits prescribed by the PARC; 
4 
b) 
No authorization to acquire, own, or operate any atomic installation and 
5 
radiation facility shall be issued to an alien, or any corporation or other 
6 
entity which is owned or controlled by an alien, a foreign corporation, or 
7 
a foreign government. For purposes of this Act, a corporation or other 
8 
entity may be granted authorization to acquire, own, or operate 
9 
anatomic installation and radiation facility only if at least sixty percent 
10 
(60%) of its capital stock is owned by Filipino citizens. 
11 
Sec. 18. Licensing Process and Conditions for Issuance of Authorization. — The 
12 
PARC shall provide for the licensing process and the conditions for the issuance of the 
13 
appropriate authorization in the rules and regulations (IRR) to be issued to implement 
14 
this Act. 
15 
Sec. 19. Responsibilities of the Authorized Person. — 
16 
a) 
Any person authorized to conduct the activities or practices specified in 
17 
Section 16 shall have the primary responsibility for the safe and secure 
18 
conduct of those activities or practices and for ensuring compliance with 
19 
this Act and all applicable regulatory requirements and conditions of the 
20 
authorization related to those activities or practices; 
21 
b) 
Any person authorized to conduct activities or practices shall provide the 
22 
PARC with any requested assistance in the performance of its regulatory 
23 
functions; 
24 
c) 
Any person authorized shall timely notify the PARC of any relevant 
25 
accident or emergency; 
26 
d) 
Any person who intends to discontinue the conduct of activities so 
27 
authorized by the PARC shall duly inform the latter at least six (6) months 
28 
prior to actual cessation of those activities or practices. 
29 
Sec. 20. Provisional Authorization. — In all cases of application for authorization 
30 
to construct a facility, if the PARC finds that, on the basis of the technical information 
31 
and data so far made available to it, there is reasonable assurance that the proposed 
32 


17 
 
facility can be constructed and operated at the proposed location without undue risk 
1 
to the health, safety, and security of the public and the environment, it shall issue the 
2 
appropriate authorization to operate the facility: Provided, That in cases where there 
3 
is insufficient data or information on health, safety, and security, or if there is a need 
4 
to generate or validate such data or information, the PARC may issue a provisional 
5 
authority to operate such facility for as long as in its determination, there is reasonable 
6 
assurance that questions of health, safety, and security will be so resolved as to 
7 
warrant the issuance of an authorization to operate the facility: Provided, however, 
8 
That the provisional authority to operate the facility shall cover a period not to exceed 
9 
one (1) year. 
10 
Sec. 21. Additional Requirements in Case of Atomic Installation for Commercial 
11 
Power: Exemptions.— Nothing in this Act shall be construed to exempt the operator 
12 
of an atomic facility designed primarily for the generation of electricity for commercial 
13 
purposes from complying with other requirements provided by existing laws, such as 
14 
securing a franchise, a certificate of public convenience and necessity, and obtaining 
15 
approval for rates and services from the appropriate agency: Provided, however, That 
16 
upon certification by the PARC, importations of atomic fuel for use in these facilities 
17 
shall be free from all taxes and duties in accordance with incentives under the 
18 
pertinent provisions of Republic Act No. 5186, otherwise known as the "Investment 
19 
Incentives Act. " 
20 
Sec. 22. Inspections and Enforcement. — 
21 
a) 
The PARC shall implement a system of inspection of atomic and radiation 
22 
facilities and activities based on the provisions of this Act to verify 
23 
compliance with the applicable requirements and conditions of any 
24 
authorization issued under Section 16. 
25 
b) 
The PARC shall implement a system of verification of the safety and 
26 
security of atomic and other radioactive material through safety and 
27 
security assessments; monitoring and verification of compliance with any 
28 
authorization issued under Section 16; inspections; and the maintenance 
29 
of appropriate records by licensees. The verification system shall be 
30 
provided for in the regulations to be issued pursuant to this Act. 
31 


18 
 
c) 
Where the PARC has established that any person has committed a 
1 
violation of relevant atomic safety, security, and safeguards regulations 
2 
issued under this Act, the conditions of an authorization issued under 
3 
Section 16, or other requirements that do not constitute a criminal 
4 
offense under Sections 59 and 60 of this Act, it may impose by order 
5 
any of the following penalties in conformity with the proceedings 
6 
provided for in Section 23: suspension, modification, and revocation of 
7 
authorization, or imposition of a civil monetary penalty. 
8 
Sec. 23. Suspension, Modification, and Revocation of Authorizations. — Any 
9 
authorization issued pursuant to this Act may be suspended, modified or revoked by 
10 
the PARC in the event of a violation of its conditions, when circumstances in which the 
11 
public interest, health, safety, or security so requires, when the conditions under which 
12 
it was issued are no longer complied with, or in any circumstance that continued 
13 
activity under the authorization shall pose an unacceptable risk to people or the 
14 
environment: Provided, That the licensee shall have been accorded an opportunity to 
15 
demonstrate or achieve compliance with the requirements. In all instances, the PARC 
16 
shall provide information to the public on the procedures and requirements for 
17 
suspension, modification, renewal, revocation or relinquishment of authorizations. 
18 
No authorization shall be transferred, assigned, encumbered, or in any manner 
19 
disposed of, either voluntarily, or involuntarily, directly or indirectly, unless the PARC 
20 
shall, after securing full information, find that such transfer, assignment, 
21 
encumbrance, or other disposition is in accordance with the purposes and provisions 
22 
of this Act and shall give its consent in writing. 
23 
Upon the suspension, revocation, or expiration of an authorization which is not 
24 
renewed, and pursuant to PARC order, the licensee shall be required to take such 
25 
measures as may be necessary to protect the health and safety of the public and the 
26 
environment from the harmful effects of radiation, and ensure security of radioactive 
27 
material and facilities. 
28 
Whenever practicable, the PARC may take temporary custody of any atomic 
29 
and other radioactive material and facility held by the licensee pending their 
30 
appropriate and lawful disposition by or for the licensee. 
31 


19 
 
Sec. 24. Regulation of relevant Atomic-related materials. – When it is deemed 
1 
necessary and circumstances so warrant, the PARC shall exclusively effect regulation 
2 
over relevant atomic-related materials and activities otherwise not covered under this 
3 
Act, of certain national government agencies such as the Department of National 
4 
Defense, Department of Energy, Department of Environment and Natural Resources, 
5 
Department of Science and Technology, Department of Health and their affiliates or 
6 
attached offices.  
7 
ARTICLE IV 
8 
RADIATION PROTECTION 
9 
Sec. 25. Regulation to Ensure Radiation Protection . — 
10 
a) 
The PARC shall take the appropriate steps to ensure that: 
11 
1) 
No activity or practice shall be authorized unless it produces 
12 
sufficient benefit to the exposed person or to the society in a 
13 
manner that offsets the radiation harm that it may cause; 
14 
2) 
The magnitude of individual doses, the number of persons 
15 
exposed, and the likelihood of incurring exposures shall all be 
16 
kept as low as reasonably achievable, economic and social factors 
17 
considered; and 
18 
3) 
No individual shall be exposed to ionizing radiation doses which 
19 
exceed prescribed national dose limits; 
20 
b) 
The PARC shall establish dose limits for persons that may not be 
21 
exceeded in conducting activities under regulatory control; 
22 
c) 
The PARC shall identify sources or practices to be exempted from 
23 
regulatory control; 
24 
d) 
The PARC shall establish clearance levels below which radioactive 
25 
material within authorized activities and practices can be released from 
26 
regulatory control; 
27 
e)  
The PARC shall ensure that authorized facilities maintain a record of 
28 
exposure of the public, patients, and of workers occupationally exposed 
29 
to ionizing radiation at their work: and 
30 


20 
 
f)  
The PARC shall promulgate appropriate regulations and related 
1 
guidelines to address all issues and concerns related to exposure to 
2 
ionizing radiation from natural sources. 
3 
Sec. 26. Responsibilities of Authorized Persons in Radiation Protection. –  
4 
a) 
The authorized person shall bear the prime responsibility for ensuring 
5 
the safety and security of the facility and of all activities and practices 
6 
associated with it; 
7 
b) 
Authorized persons shall ensure compliance with the requirements and 
8 
dose limits established by the PARC and shall ensure that radiation doses 
9 
to workers and the public, including doses from releases to the 
10 
environment, are as low as reasonably achievable, taking into account 
11 
social and economic factors; 
12 
c) 
Persons authorized to conduct activities utilizing ionizing radiation for 
13 
medical purposes shall ensure the overall patient protection and safety 
14 
in the prescription of, and during the delivery of, medical exposures. 
15 
 
 
 
ARTICLE V 
16 
EMERGENCY PREPAREDNESS AND RESPONSE 
17 
Sec. 27. Emergency Plan. — No authorization or license to conduct an activity 
18 
or practice, operate a facility or possess or use a source may be granted unless and 
19 
until an appropriate emergency preparedness and response plan has been developed 
20 
by the applicant and approved by the PARC. 
21 
 
In the event of an atomic or radiological emergency, the authorized person 
22 
shall implement the approved emergency preparedness and response plan. 
23 
Sec. 28. Emergency Preparedness and Response. — The PARC shall: 
24 
a) 
Develop and maintain a national emergency plan for responding to 
25 
potential atomic or radiological emergencies which shall be approved by 
26 
the President of the Philippines; 
27 
b) 
Coordinate the task of the radiological emergency response organization 
28 
of the PARC within the framework of the National Disaster Risk 
29 


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


22 
 
regulations of that country; and that a recipient is authorized to 
1 
receive such materials and has the capacity to ensure their safety 
2 
and security; and 
3 
3) 
Ensure before exportation that a recipient is authorized to receive 
4 
such materials and that the importing country has the necessary 
5 
and appropriate technical and administrative capability, resources 
6 
and regulatory infrastructure to ensure the safe and secure 
7 
management of such materials, particularly disused sources. 
8 
b) 
Coordinate with relevant agencies of government and establish 
9 
appropriate formal mechanisms for coordination to effectively implement 
10 
the import and export control measures for atomic and other radioactive 
11 
material as well as radioactive sources. 
12 
 
 
 
ARTICLE VIII 
13 
MANAGEMENT OF SPENT FUEL AND OTHER RADIOACTIVE WASTE 
14 
Sec. 32. Regulation of Radioactive Waste and Spent Atomic Fuel Management. 
15 
— To ensure the safe and secure management of radioactive waste and spent fuel, 
16 
the PARC shall establish: 
17 
a) 
Applicable safety and security requirements and regulations for the 
18 
protection of people and the environment from adverse impacts of 
19 
radioactive waste and spent fuel management activities including 
20 
relating to predisposal management of radioactive waste, and 
21 
generation characterization, classification, pre-treatment, treatment, 
22 
conditioning , packaging and storage as appropriate; 
23 
b) 
A system of authorization of radioactive waste and spent fuel 
24 
management activities; 
25 
c) 
A system of regulatory inspection, documentation, and reporting for 
26 
radioactive waste and spent fuel management activities, and in the case 
27 
of disposal, a system of institutional control; and 
28 


23 
 
d) 
A system of enforcement to ensure compliance with applicable 
1 
regulations and the terms and conditions of authorizations for 
2 
radioactive waste and spent fuel management activities. 
3 
The PARC shall ensure the continuous regulatory control over radioactive waste 
4 
from its generation to final disposal, including institutional control. 
5 
ARTICLE IX 
6 
ATOMIC SAFETY AND DECOMMISSIONING 
7 
Sec. 33. Licensing Process of Atomic Installations. –  
8 
a)  
Any person who intends to construct or operate a nuclear installation or 
9 
to conduct related activities shall obtain an authorization from PARC 
10 
consistent with the terms of this Act and applicable regulations.  
11 
b)  
The PARC shall establish requirements for the regulatory control of 
12 
nuclear installations to include the following:  
13 
1)  
Regulations for siting, design, construction, commissioning, 
14 
operation, maintenance and decommissioning;  
15 
2) 
Regulations for public information, management system and 
16 
authorization of installation operators;  
17 
3)  
Assessment and verification of safety and security by the facility 
18 
operator and by PARC;  
19 
4)  
Financial and human resources necessary to ensure safety and 
20 
security; and 
21 
5)  
Human factors to be taken into account by the facility operator 
22 
during the lifetime of the nuclear installation. 
23 
Sec. 34. Responsibility of Authorized Person for atomic safety. – The authorized 
24 
person shall bear the prime responsibility for ensuring nuclear safety and security of 
25 
nuclear installation and of all activities and practices associated with it. 
26 
Sec. 35. Decommissioning. – The PARC shall: 
27 
a)  
Establish requirements for the decommissioning of nuclear installations 
28 
or radiation facilities, including:  
29 
1)  
Safety and environmental criteria, including conditions on the end 
30 
state after decommissioning;  
31 


24 
 
2)  
Limits and conditions for the removal of regulatory control for 
1 
nuclear 
installations 
or 
radiation 
facilities 
containing 
2 
radionuclides;  
3 
3)  
Regulations for the clearance of radioactive material during and 
4 
following decommissioning.  
5 
b)  
Ensure that relevant documents and records prepared by the facility 
6 
operator are maintained for a specified period of time before, during and 
7 
after decommissioning.  
8 
Sec. 36. Decommissioning Plan. –  
9 
a)  
At the design stage of a nuclear installation, the applicant for 
10 
authorization to construct and operate a nuclear installation, shall 
11 
prepare an initial decommissioning plan for approval by the PARC. The 
12 
plan shall be commensurate with the type and status of the nuclear 
13 
installation and the hazard that may be associated with the 
14 
decommissioning.  
15 
b)  
The PARC shall require the facility operator to provide periodic reviews 
16 
and updates of the decommissioning plan and shall specify the maximum 
17 
time intervals between such reviews and updates.  
18 
ARTICLE X 
19 
SAFEGUARDS 
20 
Sec. 37. Safeguards. - The PARC shall: 
21 
a) 
Maintain a system of accounting for and control of atomic materials and 
22 
establish requirements thereon; 
23 
b) 
Fulfill the Philippines' obligation to the Non-Proliferation Treaty, the 
24 
Safeguards Agreement, and related international treaties, conventions, 
25 
agreements and protocols thereto; 
26 
c) 
Ensure unimpeded access by designated IAEA inspectors and duly 
27 
authorized representatives of the Philippine government agencies to any 
28 
location or facility provided for under the Safeguards Agreement and any 
29 
protocols thereto, with a view to conducting the verification activities 
30 
authorized by these instruments; and 
31 


25 
 
d) 
Ensure cooperation and support to the IAEA by all national government 
1 
agencies and authorized persons in the application of safeguards 
2 
measures. 
3 
ARTICLE XI 
4 
PHYSICAL PROTECTION AND SECURITY 
5 
Sec. 38. Physical Protection and security of atomic and other radioactive 
6 
material. — The PARC shall: 
7 
a) 
Issue regulations to implement effective measures to prevent, detect, 
8 
and respond to unauthorized acts involving atomic and other radioactive 
9 
material that may cause injury to persons, property or the environment 
10 
or otherwise jeopardize national security; 
11 
b) 
Establish requirements for the physical protection of atomic material, in 
12 
accordance with the provisions of this Act, and in compliance with the 
13 
country’s obligations as a party to the Convention on the Physical 
14 
Protection of Atomic Material, the Amendment thereto, and other 
15 
international treaties and conventions; 
16 
c) 
Issue regulations for the protection of individuals, communities and the 
17 
environment from the deleterious effects of radioactive sources; 
18 
d) 
Coordinate with the relevant agencies of government and seek 
19 
international cooperation to effectively implement these security 
20 
measures. 
21 
ARTICLE XII 
22 
ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW 
23 
Sec. 39. Notice and Conduct of Hearing. — 
24 
In any proceeding for the grant, suspension, revocation or amendment of any 
25 
authorization, or upon the issuance of an order, the PARC shall hold a hearing upon 
26 
the request of any person whose interest may be affected and shall admit such person 
27 
as a party to the proceeding. 
28 
The hearings of the PARC may be open to the public and relevant stakeholders, 
29 
except where warranted by considerations of security, national defense, or proprietary 
30 
matters. 
31 


26 
 
Except in cases where immediate action is required in order to protect the 
1 
health and safety of the public or the national interest, no order issued under Section 
2 
23 of this Act shall become effective until after the licensee has been given prior notice 
3 
for a hearing and the opportunity to be heard. 
4 
Where an order suspending, revoking or modifying an authorization, or an order 
5 
issued under Section 23 is made effective without prior notice for a hearing and 
6 
opportunity to be heard, the order shall only be temporary pending the hearing and 
7 
issuance of the PARC's final decision in the proceeding. 
8 
Sec. 40. Orders and Decisions. — All orders and decisions of the PARC shall be 
9 
in writing, stating clearly and distinctly the facts and issues involved and the reasons 
10 
on which the PARC's order or decision is based. Such order and decisions shall be 
11 
made available to the public. 
12 
Sec. 41. Judicial Review. — The Court of Appeals shall have the power of judicial 
13 
review over any final order or decision of the PARC and shall modify or set aside such 
14 
order or decision when it clearly appears that there was no evidence before the PARC 
15 
to support reasonably such order or decision, or that the same is contrary to law. Any 
16 
such final decision or order may be reviewed by the Court of Appeals on the application 
17 
of any party or other person affected thereby, by certiorari in appropriate cases, or by 
18 
petition for review, in accordance with the Rules of Court, within such period as the 
19 
PARC may rule or prescribe but not exceeding thirty (30) days from notice of such 
20 
order or decision. An appeal shall not suspend the grant of authorization, but shall 
21 
maintain the suspension or revocation of authorization until after the final disposition 
22 
of the appeal by the Court of Appeals, unless said Court determines otherwise. Only 
23 
questions of law on such order or decision may be reviewed by the Supreme Court. 
24 
Sec. 42. Notice of Regulation. — No regulation adopted by the PARC shall be 
25 
effective less than fifteen (15) days after publication of the regulation in any 
26 
newspaper of general circulation, except, that if the PARC finds that health, safety, 
27 
and security considerations or the national interest require otherwise, the regulation 
28 
may be made effective immediately upon publication in the Official Gazette, or in a 
29 
newspaper of general circulation, or upon furnishing copies of the regulation to the 
30 
persons affected. 
31 


27 
 
Sec. 43. Incident Reports. — No report by any licensee of any incident arising 
1 
out of or in connection with authorized activities made pursuant to any requirement 
2 
of the PARC shall be admitted as evidence in any suit or action for damages growing 
3 
out of any matter mentioned in such report. 
4 
ARTICLE XIII 
5 
CIVIL LIABILITY FOR ATOMIC AND RADIATION DAMAGE 
6 
Sec. 44. Liability of the Operator. —The operator shall be liable for atomic 
7 
damage upon proof that such damage has been caused by an atomic incident under 
8 
the following circumstances: 
9 
a) 
When the incident occurred in the operator’s atomic installation: 
10 
When the incident involved atomic material which came or originated 
11 
from the operator's atomic installation, and occurred in either of the 
12 
following circumstances: 
13 
1)  
before liability with regard to atomic incidents involving the 
14 
atomic material has been assumed, pursuant to the express terms 
15 
of a contract in writing, by another installation operator, or; 
16 
2)  
in the absence of such express terms, before another installation 
17 
operator has taken charge of the atomic material. 
18 
b) 
When the incident involved atomic material sent to the operator's atomic 
19 
installation, and occurred in either of the following circumstances: 
20 
1) 
after the liability with regard to atomic incidents involving the 
21 
atomic material has been assumed by the operator pursuant to 
22 
the express terms of a contract in writing, from another 
23 
installation operator; or 
24 
2) 
in the absence of such express terms, after the operator has 
25 
taken charge of the atomic material: Provided, That if atomic 
26 
damage is caused by an atomic incident that occurred in an 
27 
atomic installation and which involved atomic material stored 
28 
therein incidental to the carriage of such material, the provisions 
29 
of paragraph (a) of this Section shall not apply where another 
30 
installation operator or person is solely liable pursuant to the 
31 
provisions of paragraph (b) or (c) of this Section. 
32 


28 
 
c) 
Any provision in this Section to the contrary notwithstanding, the 
1 
installation operator shall be liable for atomic damage upon proof that 
2 
such damage has been caused by an atomic accident involving atomic 
3 
material in the course of carriage either to an atomic installation located 
4 
in the territory of a State not party to an international convention on civil 
5 
liability for atomic damage to which the Philippines is a party; or when 
6 
the atomic material was being transported from the Philippines to an 
7 
operator in another country that is a Contracting Party to the Vienna 
8 
Convention. 
9 
  
For the purpose of this Act, whenever the damage, whether it was caused 
10 
purely by an atomic incident or by an atomic incident and one or more other 
11 
occurrences, such other damage shall, to the extent that it is not reasonably separable 
12 
from the Atomic damage, be deemed to be Atomic damage caused by that atomic 
13 
incident. Where the damage is caused both by atomic incident covered by this Section 
14 
and by an emission of ionizing radiation not covered by it, nothing in this Section shall 
15 
limit or otherwise affect the liability, either as regards any persons suffering atomic 
16 
damage or by way of recourse or contribution of any person who may be held liable 
17 
in connection with that emission of ionizing radiation. 
18 
Sec. 45. Absolute and Exclusive Liability. — 
19 
a) 
The liability of the installation operator for atomic damage shall be 
20 
absolute. 
21 
b) 
The installation operator shall not be liable for atomic damage caused 
22 
by an atomic incident directly due to a grave natural disaster of an 
23 
exceptional character. 
24 
c) 
Except as otherwise provided in this Act, no person other than the 
25 
installation operator shall be liable for atomic damage. 
26 
Sec. 46. Recourse Actions. — The installation operator shall have a right of 
27 
recourse only: 
28 
a) 
If there is such a right pursuant to the express provision of a written 
29 
contract with the other installation operator; or 
30 


29 
 
b) 
If the atomic incident results from an act or omission done with intent 
1 
to cause damage against the individual who has acted or omitted to act 
2 
with such intent. 
3 
Sec. 47. Gross Negligence or Intentional Act of Claimant. — If the atomic 
4 
damage resulted wholly or partly either from the gross negligence of the person 
5 
suffering the damage or from an act or omission of such person done with intent to 
6 
cause damage, the Court may relieve the installation operator from the obligation to 
7 
pay compensation in respect of the damage suffered by such person. 
8 
Sec. 48. Exceptions to Liability. – An installation operator shall not be liable for 
9 
any atomic damage caused by an atomic accident directly due to hostilities, armed 
10 
conflict, civil war or insurrection. 
11 
Sec. 49. Limit of Liability. — The liability of the installation operator for atomic 
12 
damage under this Act shall be limited to an amount in Philippine pesos which is 
13 
equivalent to Four Hundred Million Special Drawing Rights (SDRs) for any one atomic 
14 
incident, exclusive of interest or costs which may be awarded by the Court in actions 
15 
for compensation of such atomic damage. The amount may be subject to change, as 
16 
determined by the PARC, in accordance with international conventions ratified by the 
17 
Philippines. 
18 
Sec. 50. Exemption from Liability. — The installation operator shall not be liable 
19 
under this Act for atomic damage either to the atomic installation itself or to any 
20 
property on the site of that installation which is used or to be used in connection with 
21 
that installation, or to the means of transport upon which the atomic material involved 
22 
was located at the time of the atomic incident. 
23 
Sec. 51. Exclusions. —The PARC may, if it determines that the small extent of 
24 
the risk involved so warrants, exclude by regulation any small quantity of atomic 
25 
material from the application of the provisions in this Article XIII: Provided, That 
26 
maximum limits for the exclusion of such quantities have been established by the 
27 
Board of Governors of the International Atomic Energy Agency: Provided, further, That 
28 
any exclusion must be within the limits so established. 
29 
Sec. 52. Certificate to Carrier. —In accordance with such regulations as the 
30 
PARC may issue, the appropriate installation operator shall provide the carrier, which 
31 


30 
 
furnishes carriage of atomic material, with a certificate issued by or on behalf of the 
1 
insurer or other financial guarantor furnishing the financial security. 
2 
Sec. 53. Liability of Several Installation Operators. — Where atomic damage 
3 
engages the liability of more than one installation operator, the following rules shall 
4 
apply: 
5 
a) 
In so far as damages attributable to each installation operator are not 
6 
reasonably separable, the installation operators involved shall be jointly 
7 
and severally liable; 
8 
b) 
In case the atomic incident occurs in the course of carriage of atomic 
9 
material, either in one and the same means of transport, or, in the case 
10 
of storage incidental to the carriage, in one and the same atomic 
11 
installation, and causes atomic damage which engages the liability of 
12 
more than one installation operator, the total liability shall not exceed 
13 
the highest amount applicable with respect to any of the concerned 
14 
operators, and in accordance with Section 44 of this Act; and 
15 
c) 
In neither of the cases referred to in paragraphs (a) and (b) of this 
16 
Section shall the liability of any one installation operator exceed the 
17 
amount established in Section 44 hereof. 
18 
Sec. 54. Operator of Several Installations. — Subject to the provisions of 
19 
Section 48, where several atomic installations of one and the same installation 
20 
operator are involved in one Atomic incident, such installation operator shall be liable 
21 
in respect to each atomic installation involved, up to the amount applicable provided 
22 
in Section 44 of this Act. 
23 
Sec. 55. Carrier or Handler of Atomic Material as Installation Operator. — The 
24 
PARC may, subject to such terms and conditions as it may subscribe by regulation or 
25 
order, designate a carrier of atomic material or a person handling radioactive waste, 
26 
upon the carrier's request and with the consent of the installation operator concerned, 
27 
as installation operator in the place of the installation operator in respect of such 
28 
atomic material or radioactive waste, respectively. Upon such designation, such carrier 
29 
or such person shall be considered as an installation operator for the purpose of this 
30 
Section. 
31 


31 
 
Sec. 56. Court Having Jurisdiction. —The Regional Trial Court having 
1 
jurisdiction over the place where the atomic incident occurs shall have jurisdiction to 
2 
determine claims for compensation for such atomic damage under this Act. 
3 
Sec. 57. Intervention of PARC in Court Proceedings. —When, after the 
4 
occurrence of an atomic incident, it appears that the Government will have to pay 
5 
indemnity, the Court having jurisdiction over the claims for compensation arising from 
6 
the atomic incident, shall, at any time before final judgment, allow the PARC, upon its 
7 
petition, to intervene in the proceedings with respect to technical issues. 
8 
Sec. 58. Compulsory Processes. —After the occurrence of an atomic incident 
9 
for which it appears compensation may be payable under this Act, the PARC may 
10 
adopt such measures as may be appropriate to determine the persons who were or 
11 
might have been exposed to ionizing radiation resulting from such Atomic incident, 
12 
which measures may include summons to such persons to submit themselves to 
13 
examination before such authority or body as shall be designated by the PARC within 
14 
three (3) months from the date of summons. In determining the amount of damages 
15 
or the right to recover damages, the Court may, in its discretion, take into account the 
16 
inexcusable failure of the claimant to fulfill or comply with the foregoing obligation. 
17 
Sec. 59. Investigation of Atomic Incidents. - The PARC shall investigate the 
18 
cause and extent of any atomic incident for which it appears compensation may be 
19 
payable under this Act, and its finding shall be made available to the public, to the 
20 
parties involved, and to the Courts. 
21 
ARTICLE XIV 
22 
TRANSITORY PROVISIONS 
23 
SEC. 60. The Philippine Atomic Research Institute. - 
24 
a) 
The Philippine Nuclear Research Institute (PNRI) herein renamed and 
25 
henceforth referred to as the Philippine Atomic Research Institute 
26 
(PARI), shall be the scientific atomic organization in the country and 
27 
continue its mandate to foster atomic research and development, 
28 
including atomic safety research, pursuant to the objectives of Executive 
29 
Order No. 128, series of 1987. Likewise, PARI shall continue to function 
30 
as one of the Research and Development Institutes of the Department 
31 
of Science and Technology. 
32 


32 
 
b) 
The regulatory function of the PNRI is hereby transferred to the PARC; 
1 
c) 
The regulatory functions of the PNRI which were inherited from the 
2 
former Philippine Atomic Energy Commission by virtue of Republic Act 
3 
No. 2067, as amended, and Republic Act No. 5207, as amended, 
4 
Executive Order No. 128 and Executive Order No.366, are deemed 
5 
transferred to the PARC.  
6 
d) 
The development, promotion, and use of atomic energy for peaceful 
7 
applications shall remain the responsibility of the Institute, whereupon 
8 
the Director of the Institute shall, in coordination with the DBM, draw up 
9 
its new organizational structure in accordance with existing laws and civil 
10 
service rules and regulations; 
11 
e) 
Previous regulatory issuances — all regulations, rules, orders previously 
12 
established by the PNRI shall remain in force until superseded by the 
13 
PARC by appropriate orders or issuances. 
14 
Sec. 61. The Center for Device Regulation, Radiation, Health and Research. – 
15 
a) 
The regulatory functions of the Center for Device Regulation, Radiation, 
16 
Health and Research (CDRRHR) of the Department of Health (DOH) over 
17 
devices generating ionizing radiation by virtue of Republic Act No. 9711 
18 
otherwise known as "The Food and Drug Administration Act of 2009", 
19 
are deemed transferred to the PARC. 
20 
b) 
This Act shall in no way prevent the DOH or its line agencies from 
21 
imposing additional requirements for the regulation of medical and 
22 
health-related devices in the interest of public health and safety as 
23 
provided for by law. 
24 
c) 
The administrative supervision of the CDRRHR shall remain with the 
25 
DOH. 
26 
d) 
All regulations, rules, orders pertaining to ionizing radiation previously 
27 
established by the CDRRHR shall remain in force until superseded by the 
28 
PARC. 
29 
Sec. 62. Human Resources. —All plantilla positions of the Nuclear Regulatory 
30 
Division of the PNRI, DOST are hereby transferred to the PARC. Thereafter, all powers, 
31 
functions and duties, records, files, and assets pertaining to regulation of atomic and 
32 


33 
 
radioactive materials and facilities of the PNRI shall be transferred to the PARC. All 
1 
plantilla positions of the Radiation Regulation Division of the Center for Device 
2 
Regulation, Radiation, Health and Research (CDRRHR) of the DOH which have 
3 
responsibilities solely in ionizing radiation regulation are also hereby transferred to the 
4 
PARC. Thereafter, all powers, functions and duties, records, files, and assets of these 
5 
organizational units shall be transferred to the PARC. 
6 
Republic Act No. 6656 or the Government Reorganization Act shall govern the 
7 
reorganization of the affected personnel of the Nuclear Regulatory Division of the PNRI 
8 
and the Radiation Regulation Division of the CDRRHR. 
9 
There shall be no diminution of rank, salaries, allowances and benefits of all 
10 
personnel transferred to the PARC. In case of a difference in the above benefits 
11 
between the transferred employees of the two agencies, the higher amount shall be 
12 
adopted. New employees of the PARC shall be entitled to the same allowances and 
13 
benefits as the transferred employees. 
14 
The PARC shall draw up its organizational structure with the necessary 
15 
qualification requirements and standards in accordance with the Civil Service Law, 
16 
rules and regulations for evaluation and approval of the DBM within three (3) months 
17 
upon submission with the Civil Service Commission (CSC). 
18 
Sec. 63. Magna Carta for Science and Technology Personnel. — Qualified 
19 
employees of the PARC and its attached units shall be covered by Republic Act No. 
20 
8439, otherwise known as the "Magna Carta for Scientists, Engineers, Researchers 
21 
and other Science and Technology Personnel in the Government." 
22 
ARTICLE XV 
23 
PENAL PROVISIONS 
24 
Sec. 64. Violation of Specific Provisions of the Act. — Any person who willfully 
25 
violates, attempts to violate, or conspires to violate, any provision of Section 16 of this 
26 
Act shall upon conviction thereof, suffer the penalty of imprisonment of not more than 
27 
five (5) years or a fine ranging from One million pesos (PHP 1,000,000.00) to Five 
28 
million pesos (PHP 5,000,000.00), or both. 
29 
Sec. 65. Violation of Other Provisions of this Act. — Any person who willfully 
30 
violates, attempts to violate, or conspires to violate any provision of this Act for which 
31 
no penalty is specifically provided, or of any regulation, order or authorization issued 
32 


34 
 
under this Act shall, upon conviction thereof, suffer the penalty of imprisonment of 
1 
not more than two (2) years or a fine of not more than Five hundred thousand pesos 
2 
(PHP 500,000.00), or both. 
3 
ARTICLE XVI 
4 
FINAL PROVISIONS 
5 
Sec. 66. Appropriations. — The amount necessary to cover the initial 
6 
implementation of this Act shall be charged against the current year's appropriations 
7 
of the Nuclear Regulatory Division of the PNRI and the Radiation Regulation Division 
8 
of the CDRRHR responsible in ionizing radiation regulation. Thereafter, such sums as 
9 
may be necessary for the continued implementation of this Act shall be included in the 
10 
annual General Appropriations Act. 
11 
In addition, the PARC is authorized to receive contributions, grants, bequests, 
12 
gifts, and donations, in cash or in kind, whether from local or foreign sources: 
13 
Provided, That acceptance of grants, bequests, contributions, and donations from 
14 
foreign governments shall be subject to the approval of the President of the 
15 
Philippines, upon the recommendation of the Commissioner of the PARC and the 
16 
Secretary of the Department of Foreign Affairs (DFA). 
17 
Sec. 67. Implementing Rules and Regulations. — The PARC, in consultation 
18 
with the DOST, DBM and the CSC shall issue within one hundred eighty (180) days 
19 
from the effectivity of this Act, the rules and regulations necessary to effectively 
20 
implement its provisions. 
21 
Sec. 68. Separability Clause. — If any provision of this Act shall be declared 
22 
unconstitutional or invalid, the other provisions not otherwise affected shall remain in 
23 
full force and effect. 
24 
Sec. 69. Repealing Clause. — The pertinent provisions of Republic Act No. 2067, 
25 
otherwise known as the Science Act of 1958, as amended, Republic Act No. 5207, as 
26 
amended by PD 1484 otherwise known as the Atomic Energy Regulatory and Liability 
27 
Act of 1968, Republic Act No. 9711 otherwise known as the Food and Drug 
28 
Administration Act of 2009, Executive Order No. 128 Series of 1987 on Reorganizing 
29 
the National Science and Technology Authority are hereby repealed. All other laws, 
30 
executive orders, proclamations, rules, regulations, and other issuances or parts 
31 


35 
 
thereof which are inconsistent with the provisions of this act are hereby repealed or 
1 
amended accordingly. 
2 
Sec. 70. Effectivity. —This Act shall take effect fifteen (15) days from its 
3 
publication in the Official Gazette or in a newspaper of general circulation. 
4 
Approved, 


1