NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
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SENATE
S.B. No. 2506
of li,c i'.fl.ir.'
23 OEC-5 P2:09
RKtlViOB:
Introduced by SEN. WIN GATCHALIAN
AN ACT PROVIDING FOR COMPREHENSIVE ATOMIC ENERGY 
REGULATION, CREATING FOR THE PURPOSE, THE PHILIPPINE ATOMIC 
ENERGY REGULATORY COMMISSION, AND APPROPRIATING FUNDS
THEREFOR
EXPLANATORY NOTE
Nuclear energy has historically become the backbone of developed economies and yet 
has also resulted to catastrophic crises. With emerging technological advancements in the 
use of nuclear and radioactive material in electricity generation (e.g., small modular 
reactors and generation IV reactor designs), healthcare (e.g., diagnostics and 
radiotheraphy), and agriculture (e.g., control of pests and diseases and increased 
production), it becomes imperative to ensure that the Philippines is in a position to avail 
itself of its benefits while carefully managing its risks.
This bill thus seeks to establish a national legal framework for the safe and peaceful use 
of nuclear energy and ionizing radiation which is consistent with the Philippines' 
international commitments as well as the country's needs, plans, and policies.
The primordial concern taken in crafting this piece of legislation is to ensure that there is 
a structured legal framework to meet evolving requirements to ensure the safety, security, 
and quality of persons, property, and the environment. The main features of this bill are 
as follows:


First, the bill establishes an independent and transparent independent central nuclear 
regulatory body through the Philippine Atomic Energy Regulatory Commission (PAERC). 
The PAERC shall have sole and exclusive regulatory authority over all aspects of licensing, 
protection, safety, and safeguards of relevant activities, facilities and materials. The 
independence of the PAERC Commissioners is ensured through mandatory disclosures and 
prohibitions upon assumption and during the term of office. Open meetings of the PAERC 
is required. In addition, meaningful consultation with all public and private stakeholders 
is mandated for every rule, regulation, order, and issuance of the PAERC. Lastly, the 
PAERC has an advisory body which is comprised not only of various government agencies 
but also of representatives from the academe, professional associations, civil society 
organizations, and industry.
Second, the bill ensures that all activities are conducted within a system of authorization, 
continuous monitoring, and enforcement. Entities conducting these activities have the 
prime responsibility for safety. Any applicant for an authorization or license shall be 
required to develop and test an emergency preparedness and response plan before they 
are granted the license applied for. Moreover, the operator of any facility shall have 
exclusive and absolute liability for nuclear and radiation damage, which allows for claims 
for compensation to be taken against them regardless of fault.
By establishing a comprehensive legal framework in the Philippines with strong 
transparency and governance provisions, we ensure that the complex risks accompanying 
activities involving nuclear energy and ionizing radiation are addressed and public trust
and cooperation are built. As such, the immediate passage of this bijM^otjght.
TCHAI


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Second Regular Session
)
)
)
SENATE
S.B. No. 2506
h,..
r \ .*■ 
■
-C'l^ffitF of tljf a?, a !ij’
23 DEC “5 P2:10
RtCEIV!:D Bv
Introduced by Senator Sherwin Gatchalian
AN ACT PROVIDING FOR COMPREHENSIVE ATOMIC ENERGY 
REGULATION, CREATING FOR THE PURPOSE, THE PHILIPPINE ATOMIC 
ENERGY REGULATORY COMMISSION, AND APPROPRIATING FUNDS
THEREFOR
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
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Short Tide. — This Act shall be known as the "Comprehensive 
Atomic Energy Regulation Act".
Sec. 2. Declaration of Policy. - It is hereby declared to be the policy of the 
State to:
(a) Harness the peaceful uses of nuclear energy that can provide benefits in 
many fields including health and medicine, power generation, scientific 
research, education, agriculture, and industry;
(b) Ensure the safe management of all sources and types of ionizing radiation in 
line with the principle of minimization and the "as low as reasonably 
achievable" principle of optimization, and prevent the harmful effects of 
ionizing radiation resulting from improper use, accidents, and malicious acts;
(c) Establish and maintain a legal and regulatory framework, which is responsive 
to scientific and technological progress and best available international 
practices, for the following:


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II.
Regulation, control, safeguard, and protection of the production, 
possession, import, export, transport, handling, peaceful use, 
storage, and disposal of nuclear material, radiation sources, any other 
radioactive material and equipment, and associated facilities as well 
as the siting, design, construction, commissioning, operation, and 
decommissioning of nuclear installations.
Implementation of effective measures to prevent, detect, and respond 
to unauthorized acts involving nuclear material, radiation sources, 
other radioactive material and equipment, associated facilities, and 
nuclear installations that may cause injury to persons, property, and 
the environment, or otherwise jeopardize national security, 
iii. Adequate preparation, timely detection, and effective implementation 
of emergency response plan and response in the event of 
emergencies and accidents;
(d) Manage radioactive waste in a manner that protects current and future 
generations from the undue and cumulative impacts on health and the 
environment; and
(e) Ensure compliance with the country's international obligations such as, but 
not limited to. Convention on Nuclear Safety, Convention on Early 
Notification of a Nuclear Accident, Convention on Assistance in the Case of 
a Nuclear Accident or Radiological Emergency, Basel Convention on the 
Control of Transboundary Movements of Hazardous Wastes and their 
Disposal, Convention on the Physical Protection of Nuclear Material, Vienna 
Convention on Civil Liability for Nuclear Damage, Protocol to Amend the 
Vienna Convention on Civil Liability for Nuclear Damage, Convention on 
Supplementary Compensation for Nuclear Damage, Joint Protocol Relating 
to the Application of the Vienna Convention and the Paris Convention, Treaty 
on the Non-Proliferation of Nuclear Weapons, Southeast Asia Nuclear 
Weapon-Free Zone Treaty, Agreement on the Privileges and Immunities of 
the International Atomic Energy Agency, Convention on the Physical 
Protection of Nuclear Material, Convention on the Liability of Operators of 
Nuclear Ships, Comprehensive Nuclear-Test-Ban Treaty, Agreement


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between the Republic of the Philippines and the International Atomic Energy 
Agency for the Application of Safeguards in Connection with the Treaty on 
the Non-Proliferation of Nuclear Weapons fSafeguards Agreement"), 
Protocol Additional to the Safeguards Agreement, and other relevant 
international instruments entered into by the Republic of the Philippines, and 
foster international cooperation and collaboration in so doing.
Sec. 3. Fundamental Principles. - The fundamental principles of this Act are 
safety, security, responsibility, permission, continuous control, compensation, 
sustainable development, compliance, independence, transparency, and international 
cooperation.
Sec. 4. Scope, Exclusion, and Exemption. - This Act shall apply to the 
production, possession, import, export, transport, handling, peaceful use, storage, 
disposal and all activities and practices involving nuclear material, radiation sources, 
other radioactive material and equipment and associated facilities as well as the siting, 
design, construction, commissioning, operation, and decommissioning of nuclear 
installations and radiation facilities: Provided, That activities where the exposure to 
ionizing radiation cannot be controlled is excluded from the scope of this Act: Provided 
further. That the Philippine Atomic Energy Regulation Commission (PAERC) shall have 
the power to identify activities exempted from regulatory control when the radiation 
risk for individuals is sufficiently low, the collective radiological impact is sufficiently 
low, and the practice and its associated facilities are considered to be inherently safe.
Sec. 5. Definitions. - The following terms used in this Act shall be defined as
follows:
(a) Activities refer to the:
Production, possession, import, export, transfer, transport, handling, 
distribution, sale, loan, acquisition, use, and reprocessing of nuclear 
materials, radiation sources, and other radioactive materials and 
equipment for medical, power generation, scientific, research, 
education, agricultural, and industrial purposes;


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IV.
V.
vi.
Siting, design, manufacture, construction, commissioning, use, 
operation, maintenance, repair, transfer, acquisition, and 
decommissioning of nuclear installations and associated facilities for 
medical, power generation, scientific, research, education, 
agricultural, and industrial purposes.
Mining and processing of radioactive ores.
Clean-up of sites affected by residues from activities;
Storage, disposal, and other radioactive waste management 
practices; and
Other similar activities as may be determined by the PAERC based 
the scientific and technological progress, best available international 
practices, or the Philippines' international obligations;
(b) Authorization refers to a permission granted by the PAERC to a person who 
has submitted an application involving nuclear and radioactive materials and 
associated facilities, sources, and ionizing radiation generating equipment. 
The authorization can take the form of a notification, a registration, or a 
license;
(c) Ciosure refers to the completion of all operations at some time after the 
emplacement of spent fuel or radioactive waste in a disposal facility 
including the final engineering or other work required to bring the facility to 
a condition that will be safe in the long term;
(d) Commission refers to the decision-making body of the PAERC pursuant to 
Section 10 of this Act;
(e) Decommissioning refers to the administrative and technical actions taken 
by the licensee for the removal of some or all of the regulatory controls from 
a facility to ensure the long-term protection of the public and the 
environment. This includes reducing the levels of residual radio nuclides in 
the materials and on the site of the facility so that the materials can be 
safely recycled, reused, or disposed of as exempt waste or as radioactive 
waste and the site can be released for unrestricted use or otherwise reused. 
It includes the processes of decontamination and dismantling;


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(f) Discharges refers to the planned and controlled releases into the 
environment, as a legitimate practice, within limits authorized by the PAERC, 
of liquid or gaseous radioactive materials that originate from nuclear 
facilities during normal operation;
(g) Disposal refers to the emplacement of radioactive sources in an appropriate 
facility without the intention of retrieval;
(h) Emergency plan refers to a description of the objectives, policy, and concept 
of operations for the response to an emergency and of the structure, 
authorities, and clear designation of responsibilities among authorities for a 
systematic, coordinated, and effective response to mitigate the effects of 
the emergency on the public, environment, and property. The emergency 
plan serves a. j basis for the development of other plans, procedures, 
and checklists;
(i) Emergency preparedness refers to^he capability to take actions that will 
effectively mitigate the consequend^*df an emergency for health, safety, 
security, and quality of life, property, and the environment;
(j) Emergency response refers to the immediate performance of actions to 
mitigate the consequences of an emergency for health, safety, security, and 
quality of life, property, and the environment;
(k) Exclusion refers to a particular category of exposure which is not included 
in the scope of an instrument of regulatory control on the grounds that it is 
not considered amenable to control through the regulatory instrument in 
question in accordance with Section 4 of this Act;
(l) Exemption refers to the determination by the PAERC that a source or 
practice need not be subject to some or all aspects of regulatory control on 
the basis that the exposure, including potential exposure, due to the activity, 
source, or practice is too small to warrant the application of those aspects 
or that this is the optimum option for protection irrespective of the actual 
level of the doses or risks in accordance with Section 4 of this Act;
(m) 
Facilities refer to nuclear installations or radiation facilities in which 
people may be exposed to ionizing radiation. These include:


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IV.
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Uranium mining and raw material processing facilities such as 
uranium mines,
Enrichment and fuel manufacturing plants,
Nuclear power plants.
Other reactors such as research reactors and critical assemblies. 
Spent fuel reprocessing plants.
Radioactive waste management facilities.
Radiation generator installations and facilities.
Irradiation installations.
Nuclear and radiation facilities for medical, industrial, research and 
education purposes.
Waste storage facilities.
Disposal facilities, and
Such other facilities as the PAERC shall determine from time to time;
{u) Facility operator refers to any person applying for authorization or 
authorized or responsible for nuclear, radiation, radioactive waste, or 
transport safety when undertaking activities or in relation to any nuclear 
facilities or sources of ionizing radiation. This includes, but is not limited to, 
individuals, corporations, governmental bodies, research institutions, 
consignors, carriers, licensees, hospitals, and self-employed persons;
(o) Installation operator refers to any person or government entity licensed or 
authorized to undertake the operation of a nuclear or radiation facility;
(p) Ionizing radiation refers to electromagnetic or particulate radiation capable 
of producing ion pairs directly or indirectly;
(q) License refers to a legal document issued by the PAERC granting 
authorization to perform specified activities related to facilities or activities;
(r) Licensee refers to the authorized person who is holder of a valid license 
granted for an activity, practice, or source who has recognized rights and 
duties for the practice or source, particularly in relation to protection and 
safety, or a person having overall responsibility for facilities or activities;
(s) Natural sources refer to naturally occurring sources of radiation such as 
sources of cosmic radiation and terrestrial sources of radiation;


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(t) Nuclear accident refers to any unintended event, including operating errors, 
equipment failures, and other mishaps, resulting to consequences or 
potential consequences which are not negligible from the point of view of 
protection or safety;
(u) Nuclear damage refers to the following losses which arises out of or results 
from the radioactive, toxic, explosive or other hazardous properties, or any 
combination thereof, of nuclear fuel or radioactive products or any waste 
in, or of nuclear materials coming from, originating in, or sent to, a nuclear 
installation or from the ionizing radiation emitted by any other sources of 
radiation inside a nuclear installation;
i. 
Loss of life or any personal injury: Provided, That personal injury 
includes any physical or mental injury, sickness, or death whether 
caused directly by physical trauma or otherwise,
ii. 
Any loss, damage to or loss of use of property,
iii. 
Economic loss arising from loss or damage to life, personal injury, or 
property.
Any damage to the environment.
Costs of measures of reinstatement of impaired environment unless 
such impairment is insignificant, if such measures are actually taken 
or to be taken, and insofar not included in loss of damage to 
property.
Loss of income deriving from an economic interest in any use or 
enjoyment of the environment, incurred as a result of a significant 
impairment of that environment, and insofar as not included in loss 
of damage to property.
Costs of preventive measures and further loss or damage caused by 
such measures, and
Any other economic loss, other than caused by the impairment of the 
environment;
(v) Nuclear Incident refers to any occurrence or series of occurrences having 
the same origin which causes nuclear damage or, but only with respect to
IV.
V.
VI.
VII.
VIII.


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IV.
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preventive measures, creates a grave and imminent threat of causing such 
damage;
(w) 
Nuclear installation refers to any of the following:
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Nuclear reactor for research or production of nuclear materials for 
industrial or medical use, including critical and sub-critical 
assemblies,
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Plant for preparing or storing fuel for use in a nuclear reactor as 
described in paragraph (i),
iii. 
Nuclear waste storage or disposal facility with an activity that is 
greater than the activity level prescribed by regulations made for the 
purposes of this law,
Facility for production of radioisotopes with an activity that is a 
greater than the activity level prescribed by regulations under this 
Act, and
Any other facility that is prescribed for the development, production, 
or use of nuclear energy for power generation or the production, 
possession or use of a nuclear substance, prescribed equipment or 
prescribed information;
(x) Nuclear material 
to:
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Nuclear fuel, other than natural uranium and depleted uranium, 
capable of producing energy by a self-sustaining chain process of 
nuclear fission outside a nuclear reactor, either alone or in 
combination with some other materials, and
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Plutonium except that with isotopic concentration exceeding 80% in 
plutonium-238; uranium-233; uranium enriched in the isotope 235 
or 233; uranium containing the mixture of isotopes as occurring in 
nature other than in the form of ore or ore residue; any material 
containing one or more of the foregoing;
(y) Nuclear or radiological emergency or emergency refers to a non-routine 
situation that necessitates prompt action primarily to mitigate a hazard due 
to:


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i. 
Energy resulting from a nuclear chain reaction or from the decay of 
the products of a chain reaction, or
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Radiation exposure or adverse consequences for health, safety, 
security, or quality of life, property, or the environment;
(z) Nuclear safety refers to the achievement of proper operating conditions of 
nuclear installations, proper handling and use of nuclear material, 
prevention of accidents or mitigation of consequences of accidents resulting 
in protection of workers, the public, and the environment from undue 
radiation hazards;
(aa) Operator refers to any individual who controls or manipulates a nuclear 
installation or radiation facility;
(bb) Person refers to
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Any public or private natural or juridical person, and
ii. 
Any legal successor, representative, agent, or agency of the 
foregoing;
(cc) Physical protection refers to technical and organizational measures for 
protection of nuclear material and facilities designed to prevent 
unauthorized access to nuclear installations, nuclear material, and other 
radioactive materials;
(dd) Practices refer to activities that introduce additional sources of exposure 
or exposure pathways or extends exposure to additional people or modifies 
the network of exposure pathways from existing sources, so as to increase 
the exposure or the likelihood of exposure of people or the number of 
people exposed;
(ee) Radiation facility refers to a facility that utilizes radioactive materials, 
particle accelerator facility, and other such facility that the PAERC shall 
determine pursuant to its powers under this Act;
iff) Radiation generating equipment or radiation generator refers to an 
equipment or device that generates ionizing radiation when energized or 
that would, if assembled or repaired, be capable of producing ionizing 
radiation when energized or an equipment as the PAERC shall determine 
pursuant to its powers under this Act;


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(gg) Radiation protection refers to the protection of people and the 
environment from the harmful effects of ionizing radiation;
(hh) Radiation source refers to a radiation generator, a radioactive source, or 
other radioactive material outside the nuclear fuel cycles of research and 
power reactors;
(ii) Radioactive materiai refers to any material designated herein and by the 
PAERC as being subject to regulatory control because of its radioactivity 
which includes sealed and unsealed sources and radioactive waste;
GJ) Radioactive source refers to radioactive material permanently sealed in a 
capsule or closely bonded and in a solid form and which is subject to 
regulatory control. This also includes any radioactive material released if the 
radioactive source is leaking or broken, but does not include material 
encapsulated for disposal, or nuclear material within the nuclear fuel cycles 
of research and power reactors;
(kk) Radioactive waste refers to waste substances, objects, or equipment for 
which no further use is foreseen by their owner, with a radionuclide content 
or surface radionuclide contamination exceeding values permitting their 
discharge into the environment. These values shall be determined by the 
PAERC pursuant to its powers under this Act;
(II) Radioactive waste disposai refers to a permanent emplacement of 
radioactive waste into areas, facilities or installation without the intention of 
its retrieval;
(mm) Radioactive waste management refers to all activities, including 
decommissioning activities, that relate to the handling, pretreatment, 
treatment, conditioning, storage, or disposal of radioactive waste, excluding 
off-site transportation. It may also involve discharges;
(nn) Radioactive waste management faciiity refers to any facility or 
installation the primary purpose of which is radioactive waste management, 
including a nuclear facility in the process of being decommissioned only if it 
is designated as a radioactive waste management facility;
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(oo) Radioactive waste and spent fuei storage refers to the holding of 
radioactive sources, spent fuel, or of radioactive waste in a facility that 
provides for its containment, with the intention of retrieval;
(pp) Radionuciide refers to an unstable form of a chemical element that 
radioactively decays, resulting in the emission of nuclear radiation;
(qq) Registrant refers to the holder of a current registration;
{rr)Registration refers to a form of authorization for activities or practices of 
low or moderate risks whereby the person responsible for the activity or 
practice has prepared and submitted a safety assessment of the facilities 
and equipment to the PAERC and has complied with the legal requirements, 
where the requirements for safety assessment and the conditions or 
limitations applied to the activity or practice should be less severe than 
those for licensing. The typical activities or practices that are amenable to 
registration are those for which:
i. 
Safety can largely be ensured by the design of the facilities and 
equipment,
ii. 
The operating procedures are simple to follow,
iii. 
The safety training requirements are minimal, and
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There is a history of few problems with safety in operations;
(ss) Reguiatory body refers to an organization designated as having legal 
authority for exercising regulatory control with respect to ionizing radiation 
sources, including issuing authorizations, and thereby regulating one or 
more aspects of the safety or security of radioactive sources;
(tt) Regulatory control refers to any form of control or regulation applied to 
facilities or activities by the PAERC for reasons related to radiation protection 
or to the safety or security of radioactive sources;
(uu) Reprocessing refers to the process or operation, the purpose of which is 
to extract radioactive isotopes from spent fuel for further use;
(w) Safeguards refer to measures undertaken to ensure that the nuclear 
material, non-nuclear material, services, equipment, facilities, information, 
and certain items are not used for the manufacture of nuclear weapons or 
any other nuclear explosive devices or to further any military purpose;
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(ww) Safety refers to measures intended to minimize the likelihood of 
accidents involving radiation sources, nuclear material, and their associated 
facilities;
(xx) Security to the prevention and detection of and response to, theft, 
sabotage, unauthorized access, illegal transfer or other malicious acts 
involving nuclear material, other radioactive substances or their associated 
facilities;
(yy) Source refers to anything that may cause radiation exposure, such as by 
emitting ionizing radiation or by releasing radioactive substances or 
material, and can be treated as a single entity for protection and safety 
purposes;
(zz) Special Drawing Right or SDR refers to the unit of account defined by 
the International Monetary Fund and used by it for its own operations and 
transactions;
(aaa) Special fissionable materials refer to Plutonium-239, Uranium-233, 
Uranium enriched in the isotopes 235 or 233 and materials containing one 
or more of the foregoing in concentration or amount exceeding values 
established by the PAERC;
(bbb) Spent nuclear fuel refers to nuclear fuel that has been irradiated in and 
permanently removed from reactor core;
(ccc) Spent fuel management refers to all activities that relate to the handling 
or storage of spent fuel, excluding off-site transportation. It may also 
involve discharges;
(ddd) Spent fuel management facility refers to any facility or installation the 
primary purpose of which is spent fuel management;
(eee) Storage refers to the holding of spent fuel or radioactive waste in a 
facility that provides for its containment, with the intention of retrieval;
(fff) Technical and scientific support organization refers to external 
organization or experts who are not part of the PAERC's permanent staff 
from whom the PAERC may seek advice or recommendations in the conduct 
of its regulatory responsibilities; and
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(ggg) Transport refers to all operations and conditions associated with and 
involved in the movement of radioactive material and its packaging to 
include but not be limited to the:
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Design, manufacture, maintenance, and repair of packaging, and
ii. 
Preparation, consigning, loading, carriage including in-transit 
storage, unloading, and receipt at the final destination.
ARTICLE II
The Philippine Atomic Energy Regulatory Commission
Sec. 6. Creation and Mandate of the Philippine Atomic Energy Regulatory Commission. 
- There is hereby created an independent central nuclear regulatory body, attached 
to the Office of the President, to be known as the Philippine Atomic Energy Regulatory 
Commission (PAERC) which shall have sole and exclusive regulatory authority over all 
aspects of licensing, protection, safety, security, and safeguards of the following as 
defined in this Act:
(a) All activities and practices;
(b) All facilities, nuclear installations, radiation facilities, and radiation generating 
equipment; and
(c) All nuclear materials, radiation sources, ionizing radiation sources, radioactive 
sources, radioactive materials, special fissionable materials, radioactive waste, 
and spent nuclear fuel.
Sec. 1 . Regulatory Objectives. - In issuing authorizations and other regulations under 
this Act, the PAERC shall:
,(a) Impose the necessary requirements to protect the health and safety of the 
public and the environment, and ensure the protection and security of radiation, 
ionizing radiation, and radioactive sources;
(b) Prevent the non-peaceful uses of nuclear energy, the spread of nuclear 
weapons, and nuclear or radiological terrorism consistent with the relevant 
international obligations of the Philippines;
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(c) Establish and implement regulations, rules, and orders consistent with scientific
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progress, relevant international standards, and best available international
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practices; and
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(d) Ensure that operators, facility operators, and installation operators are legally,
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technically, and financially qualified to engage in the proposed activities and
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practices in accordance with the requirements of this Act and regulations, rules,
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and orders issued by the PAERC, and have sufficient financial protection to fulfill
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obligations on liability for nuclear accidents and incidents leading to nuclear
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damage.
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Sec. 8. Functions and Responsibilities of the PAERC. - The PAERC, through its
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Commission, shall:
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(a) Ensure the application of safety, protection, safeguard, and security
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requirements for all activities and practices within the scope of this Act
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consistent with the relevant international obligations of the Philippines;
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(b) Formulate, develop, and issue policies, regulations, rules, orders, standards,
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guides, and other issuances necessary for the implementation of this Act and
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its implementing rules and regulations, in line with the fundamental principles
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stated in Section 3 herein, upon consultation with the public;
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(c) Determined and define exclusions and exemptions from regulatory control
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consistent with Section 4 of this Act;
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(d) Issue, amend, and revoke rules, regulations, and orders pertaining to the
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financial capability of operators to cover liability for nuclear accidents and
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incidents leading to nuclear damage;
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(e) Establish and implement a system of authorization in the form of notification,
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registration, and licensing, to include the following:
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i. 
Identification of activities and practices subject to authorization,
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ii. 
Necessary requirements, procedure, and conditions for an
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application for authorization, and the corresponding timeframes for
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its processing,
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iii. Terms and conditions to be continuously complied with by licensees,
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and
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iv. Grounds and procedure for the modifications, amendments,
2 
suspension, and revocation of such authorizations;
3 
(f) Require, review, evaluate, require revision, approve, and disapprove
4 
submissions on safety assessments, security plans, and emergency response
5 
plans from operators, facility operators, and installation operators prior to
6 
authorization and periodically thereafter;
7 
(g) Visit, inspect, monitor, and evaluate activities and practices to ensure
8 
compliance with this Act, applicable regulations, and the terms and conditions
9 
of authorizations;
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(h) Undertake enforcement measures pursuant to Section 22 of this Act in the
11 
event of non-compliance with this Act, applicable regulations, and the terms
12 
and conditions of authorizations;
13 
(i) Impose fines and penalties, to include suspension or revocation of
14 
authorization, on any person engaged in any of the activities and practices
15 
herein in the event of non-compliance with this Act, applicable regulations, and
16 
the terms and conditions of authorization;
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(j) Hold hearings and conduct investigations in relation to compliance with this
18 
Act, applicable regulations, and the terms and conditions of authorizations, and
19 
for these purposes, administer oaths and affirmations and issue subpoenas to
20 
any person to appear and testify, or to appear and produce documents at any
21 
designated time and place;
22 
(k) Cooperate with and act as the national competent authority on nuclear safety,
23 
security, and regulatory matters for the International Atomic Energy Agency
24 
(IAEA), foreign governments, ministries, departments, and agencies, relevant
25 
regional and international organizations, including law enforcement and
26 
intelligence agencies;
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(I) Cooperate with the IAEA in the application of safeguards in accordance with
28 
the Safeguards Agreement, and any protocols thereto, including conducting
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inspections and visits, carrying out complementary access, and providing any
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assistance or information required by designated IAEA inspectors in the
31 
fulfillment of their responsibilities;
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(m) Conduct or contract out research activities on radiation safety and
2 
security: Provided, That the PAERC shall ensure no conflict of interest shall exist
3 
between the contractor tasked with conducting the research;
4 
(n) Ensure continued competency and knowledge of PAERC officials and employees
5 
on scientific and technological progress and best available international
6 
practices in the field of nuclear science and updates on relevant international
7 
agreements through the following:
8 
i. Establishment of a training center and scholarship programs,
9 
ii. 
Regular capacity-building, trainings, and learning sessions,
10 
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Participation in regional and international conferences, trainings, and
11 
workshops, with a priority for topics on safety, security, and
12 
safeguards of nuclear and other radioactive materials and safety of
13 
radiation generating equipment;
14 
(o) Consult and obtain experts' advice, opinions, and recommendations from
15 
independent technical and scientific support organizations necessary to perform
16 
its functions: Provided, That the advice, opinion, and recommendation shall not
17 
result to any conflict of interest or improper influence on PAERC's regulatory
18 
decision-making: Provided further. That any advice, opinion, and
19 
recommendation shall not relieve PAERC of its responsibilities under this Act,
20 
other relevant laws, and applicable regulations;
21 
(p) Establish technical and scientific organizations or ad hoc advisory bodies, hire
22 
consultants, and contract experts for specific projects: Provided, That the
23 
PAERC shall ensure that there is no conflict of interest for the members of
24 
these organization and bodies as well as the consultants and experts: Provided
25 
further. That any advice, opinion, and recommendation shall not result to any
26 
conflict of interest or improper influence on PAERC's regulatory decision-
27 
making: Provided further. That any advice, opinion, and recommendation shall
28 
not relieve PAERC of its responsibilities under this Act, other relevant laws, and
29 
applicable regulations: Provided finally,lhdit the PAERC shall ensure technology
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and knowledge transfers between PAERC officials and employees and the
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organizations, bodies, consultants, and contractors;
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(q) Establish appropriate mechanisms and procedures for transparency of
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information and meaningful consultation, and then inform and consult, with the
3 
public and other stakeholders about the regulatory process, the safety, health,
4 
and environmental aspects of activities and practices and authorizations,
5 
including nuclear incidents and accidents as well as emergencies, and ail
6 
policies, regulations, orders, issuances, and guides issued pursuant to this Act;
7 
(r) Establish and maintain the following, which shall be open to the public at no
8 
cost:
9 
i. National register of radiation, ionizing radiation, and radioactive
10 
sources,
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ii. National register of persons authorized to carry out activities and
12 
practices authorized under this Act,
13 
iii. A national system for:
14 
1. Accounting for and control of nuclear material and other
15 
radioactive materials,
16 
2. Registration of licenses for nuclear material and other
17 
radioactive materials,
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3. Establishment of necessary reporting and record keeping,
19 
and
20 
4. Other requirements pursuant 
to the Safeguards
21 
Agreement, and any protocols thereto;
22 
(s) Establish, implement, and assess a management system that is aligned with its
23 
safety goals and contributes to its achievement, while ensuring that regulatory
24 
control is stable and consistent;
25 
(t) Charge and collect reasonable fees in the performance of its regulatory
26 
functions: Provided, That such fees shall be imposed on the basis of published
27 
criteria, upon consultation with the public, as the PAERC deems appropriate
28 
and in compliance with existing rules and regulations; and
29 
(u) Perform such other relevant functions necessary to implement the provisions
30 
of this Act.
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Nothing in this Act shall preclude the authorized agents of the Department of National 
Defense, National Security Council, and other law enforcement agencies to conduct, 
jointly with the authorized representatives of PAERC, inspections of facilities, nuclear 
installations, radiation facilities, radiation generating equipment, radiation, ionizing 
radiation, and radioactive sources and materials, and other activities and practices 
within the scope of this Act when the national security of the Philippines is involved.
Sec. 9. Transparency and Access of Information. - The PAERC shall promote 
transparency in the exercise of its functions and responsibilities. The public has the 
right to information and shall, on request, be given access to any information of public 
concern under the control of the Commission: Provided, That access to information 
shall not granted if:
(a) The information requested is:
i. Classified, sensitive, or confidential with respect to national security or 
defense,
ii. Proprietary, pertains to trade secrets, or competitively sensitive, whenever 
the revelation thereof would prejudice the interests of persons in trade, 
industrial, commercial, or financial competition, or
iii. Consists of minutes or records of advice given, or of opinions expressed 
during decision-making or policy or regulation formulation in the course of 
executive session; or
(b) The disclosure of information may prejudice nuclear security or nuclear 
safeguards;
The PAERC shall communicate proactively with and initiate dialogue with the public 
and relevant stakeholders regarding all information pertaining to events involving 
nuclear installations and radiation facilities that could have an impact on the health, 
safety, security, and quality of life, property, and the environment.
Sec. 10. The Commission. - The Commission shall be the sole governing body of the 
PAERC, and shall formulate its policies, regulations, rules, orders, and guidelines and 
direct its affairs. All executive functions of the PAERC shall rest on the Commission:
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Provided, That such executive functions shall be limited to the duties and 
responsibilities enumerated in Section 14 of this Act.
The Commission shall be comprised of five (5) Commissioners, one of whom shall be 
the Chairperson who shall head the Commission. All Commissioners, including the 
Chairperson, shall be appointed by the President with a term of five (5) years: 
Provided, That the first three appointees shall have a term of five (5), three (3) and 
two (2) years respectively. Appointment to any vacancy shall only be for the unexpired 
term of the predecessor.
No decision of the Commission shall be passed unless a quorum exists. Decisions shall 
be by majority vote.
Sec. 11. Qualifications and Requirements of the Commission. - All Commissioners, 
including the Chairperson, shall meet the following qualifications:
(a) 
Is a Filipino citizen;
(b) 
Of good moral character;
(c) 
Of recognized probity and independence; and
(d) 
Has at least a graduate degree in one of the following:
Engineering,
Physics,
Public health or Medicine, 
iv. Geology,
V. Chemistry,
vi. 
Law,
vii. 
Environmental science,
viii. 
Security or defense;
(e) Has at least ten (10) years of experience in their field; and
(f) Has experience in the field of discipline involving activities, practices, or facilities 
as defined under this Act.
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There shall be at least one (1) Commissioner from each of the following fields: 
engineering or physics, public health or medicine, law, and environmental science.
No member of the Commission shall have been a candidate for any elective national 
or local office in the immediate preceding elections, whether regular or special.
Sec. 12. Disclosures and Prohibitions. - The members of the Commission shall, upon 
assumption of office:
(a) Publicly disclose any employment, consultancy, or any connection with, and 
any pecuniary interest in any person engaged in any of the activities in this Act;
(b) Publicly disclose if the spouse, partner, and any relative by consanguinity or 
affinity within the fourth civil degree is employed or has a consultancy or any 
connection with, or has any pecuniary interest in any person engaged in any of 
the activities in this Act;
(c) Divest through sale or legal disposition any and all interests in any person 
engaged in any of the activities in this Act; and
(d) Terminate employment or consultancy with any person engaged in any of the 
activities under this Act.
The members of the Commission, within the duration of their term and two (2) years 
thereafter, are prohibited from:
(a) Taking up any employment or consultancy arrangement with any person 
engaged in any of the activities under this Act;
(b) Holding any connection to and any pecuniary interest In any person engaged 
in any of the activities under this Act;
(c) Holding any other office or employment in any person engaged in any of the 
activities under this Act; and
(d) Directly or indirectly practicing any profession, participating in any business, or 
be financially interested in any contract with, or any franchise, or special 
privileges granted by the government or any subdivision, agency. Or 
instrumentality thereof, including government-owned and controlled 
corporations or their subsidiaries.
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The members of the Commission, after the cessation of their service, are prohibited 
from:
(a) Running for office in the election immediately succeeding their cessation from 
office; and
(b) Personally appearing or practicing as counsel or agent on any matter pending 
before the Commission for two (2) years following the cessation of their service.
Any spouse, partner, and relative by consanguinity or affinity within the fourth civil 
degree of the members of the Commission are prohibited from:
(a) Taking up any employment or consultancy agreement with any person engaged 
in the activities in this Act during the incumbency of the member of the 
Commission to whom the spouse, partner, and relative concerned is related to;
(b) Holding any connection to and pecuniary interest in any person engaged in the 
activities in this Act during the incumbency of the member of the Commission 
to whom the spouse, partner, and relative concerned is related to;
(c) Appearing as counsel or agent on any matter pending before the Commission 
or transacting business directly or indirectly therein during the incumbency of 
the member of the Commission to whom the spouse, partner, and relative 
concerned is related to, and within two (2) years from cessation of their service.
Sec. 13. The Chairperson. - The Chairperson shall:
(a) Provide leadership direction for the Commission in matters such as but not 
limited to development and determination of strategies and policies to 
effectively comply with its mandate under this Act and the Philippines' relevant 
international obligations;
(b) Ascertain that the strategies and policies promulgated by the Commission are 
effectively implemented by the Executive Director;
(c) Promote collaborative relationships and open communication between and 
among members of the Commission;
(d) Set, in consultation with other members of the Commission, the Executive 
Director, and the Secretariat, the Commission's meeting schedule and agenda
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to take full account of the important issues facing the Commission and the
2 
concerns of management, and ensure that adequate time is available for
3 
thorough discussion of each;
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(e) Ensure that the members of the Commission undergo capacity building
5 
programs to continuously enhance technical competence, are properly briefed
6 
on issues pending before the Commission, and receive, in a timely manner,
7 
adequate, accurate, clear, complete, and reliable information to fulfill their
8 
duties;
9 
(f) Preside over meetings of the Commission: Provided, That the Chairperson has
10 
the right to vote on matters pending before the Commission;
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(g) Ascertain that all key and appropriate issues are discussed, deliberated upon,
12 
and resolved by the Commission in a timely manner;
13 
(h) Create an environment that allows constructive discourse during open
14 
meetings, executive sessions, and public hearings;
15 
(i) Ensure that the Commission's decisions are in furtherance of its mandate under
16 
this Act;
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(j) Secure that the Commission avoids acts which unduly influence, impede, or
18 
hamper the Executive Director or any PAERC employee from effectively fulling
19 
duties and responsibilities; and
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(k) Establish good corporate governance practices and procedures and promote
21 
the highest standards of independence, transparency, integrity, and probity,
22
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Sec. 14. Duties and Responsibiiities of the Members of the Commission. - The
24 
members of the Commission shall:
25 
(a) Regularly attend and actively participate in the meetings of the Commission
26 
where any case, issue, or matter within its jurisdiction is under consideration;
27 
(b) Recommend to the Chairperson the inclusion in the agenda of any case, issue,
28 
or matter deemed appropriate in the performance of the Commission's
29 
functions;
30 
(c) Be properly informed about and thoroughly analyze cases, issues, and matters
31 
pending before the Commission;
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(d)Take part in continuous education and capacity building programs of the
2 
Commission to enhance technical competence;
3 
(e) Abstain from acts which unduly influence, impede, or hamper the Executive
4 
Director or any PAERC employee from effectively fulfilling duties and
5 
responsibilities;
6 
(f) Act on the selection and appointment of PAERC personnel: Provided, That the
7 
selection process for key PAERC personnel shall be in accordance with
8 
requirements under the Administrative Code of 1987 and other pertinent civil
9 
service laws and rules issued by the Civil Service Commission, and other plans
10 
related to personnel selection duly approved by the Commission;
11 
(g) Review and act on the endorsement of the proposed ERC budget: Provided,
12 
That such endorsement shall come from the Executive Director and shall be
13 
substantiated with supporting documents;
14 
(h)Initiate, motu proprio or upon formal complaint, investigations against the
15 
Executive Director and act upon these investigations: Provided, That such
16 
investigation is without prejudice to the filing of administrative, civil, or criminal
17 
cases against the Executive Director; and
18 
(i) Perform in good faith and to the best of its ability, the functions, duties, and
19 
responsibilities specified under this Act.
20
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Sec. 15. The Executive Director. - The Commission, acting collectively, shall appoint
22 
an Executive Director who shall act as the Chief Executive Officer of ERC until
23 
resignation, retirement, or unless terminated earlier for cause. The Executive Director
24 
shall have relevant experience in any of the fields of engineering, physics, public health
25 
or medicine, geology, chemistry, law, environmental science, defense or security,
26 
management, and business administration for at least ten (10) years: Provided, That
27 
the Executive Director shall have management experience: Provided further. That the
28 
Executive Director shall be subject to the same requirements and prohibitions as
29 
indicated in Section 12 of this Act.
30
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Sec. 16. Duties and Responsibiiities of the Executive Director. - The duties and
32 
responsibilities of the Executive Director shall include but shall not be limited to:
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(a) Assist the Commissioner in the discharge of the executive and administrative 
functions;
(b) Coordinate and direct the activities of the staff and be responsible for the day- 
to-day management of the affairs and activities of the PAERC;
(c) Recommend and develop plans to achieve the PAERC's objectives;
(d) Provide secretariat services to the PAERC;
(e) Perform such other relevant functions necessary to implement the provisions 
of this Act;
(f) Develop and propose, for the Commission's approval, the operationalization of 
the strategies and policies promulgated by the Commission;
(g) Execute effectively the approved operationalization of the strategies and 
policies promulgated by the Commission;
(h) Lead the management of the daily operations of ERC in accordance with the 
plans and within the budget of the PAERC;
(i) Assume full responsibility for the overall supervision and control of all divisions, 
units, and services of the PAERC;
0) Assign to each division unit, and service of the ERC such duties that are 
considered necessary or expedient;
(k) Coordinate the divisions, units, and services of the PAERC;
(l) Establish a mechanism for capacity building for all employees of the ERC to 
continuously enhance technical competence: Provided, That such mechanism 
shall be based on merit;
(m) 
Ensure compliance with civil service rules and PAERC's plans related to 
personnel selection duly approved by the Commission;
(n) Lead the management to ensure effective working relationships with the 
Commission by regularly communicating with the Chairperson to review key 
developments, issues, opportunities, and concerns;
(o) Ensure that the management gives priority to providing documents and reports 
which contain relevant, accurate, timely, and clear information necessary for 
the Commission to fulfill its duties;
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(p) Maintain regular dialogue with the Commission while ensuring that the 
Commission, especially the Chairperson, is alerted to forthcoming complex, 
contentious, sensitive, or strategic issues facing the PAERC;
(q) Advise the Commission on any matter referred to the Executive Director;
(r) Manage the affairs of the PAERC in accordance with good corporate governance 
practices and procedures while promoting the highest standards of 
independence, transparency, integrity, and probity;
(s) Initiate investigations and recommend administrative sanctions against erring 
employees, without prejudice to the filing of any civil or criminal action against 
the concerned employees;
(t) Regularly submit to the Commission updates on the operations of ERC; and
(u) Perform such other duties as the Commission may assign.
Sec. 17. Open Meeting. - All meetings of the Commission shall be open to the public: 
Provided, That the public may only participate during public hearings: Provided 
further, That a live web streaming or any related technology of the open meeting shall 
be posted: Provided finaiiy. That the transcript of stenographic notes and minutes of 
the open meeting shall be made available to the public, whether on the website or 
any other platform, within one (1) week form the date of the open meeting.
The Commission, upon majority vote may decide to meet in an executive session: 
Provided, That before going into an executive session, the Commission shall convene 
in an open meeting, identify the reason for the executive session while stating all the 
subjects that may be revealed without compromising the purpose for which the 
executive session was called, declare whether the Commission will reconvene in an 
open meeting at the end of the executive session, and take a roll call vote to enter 
into executive session.
Executive sessions may be called for the following reasons:
(a) To discuss the discipline or dismissal of or complaints or charges brought 
against an employee or staff of PAERC;
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(b) To discuss trade secrets, confidential, competitively-sensitive, or other 
proprietary information; or
(c) To discuss confidential information within the context of national security.
Sec. 18. Public Notice of Open Meetings. - The Commission shall provide the public 
with notice of its meeting and agenda at least seven (7) working days before the 
scheduled date of the meeting: Provided, That for emergency meetings, the notice 
may be posted within a reasonable time prior to the meeting: Provided further, That 
public notices shall be posted in a manner easily accessible to the public such as but 
not limited to actual and web posting.
Sec. 19. Orders, Decisions, and Resolutions. - All orders, decisions, and resolutions 
shall undergo deliberations and once approved by the required number of votes during 
open meetings, shall forthwith be promulgated within thirty (30) days from the date 
of the open meeting and published online.
Sec. 20. Establishment of an Advisory Board. - There shall be established an advisory 
board to assist and advise the Commissioners on the safety and security matters 
arising from the use of nuclear and radioactive materials and from the operation of 
nuclear installations and radiation facilities, and on regulations applicable to such 
authorizations. The advisory board shall be composed of the following:
(a) Secretary of the Department of Science and Technology, as Chairperson;
(b) Secretary of Department of Health, as Vice Chairperson;
(c) Secretary of the Department of Energy, as Member;
(d) Secretary of Department of Environment and Natural Resources, as Member;
(e) Secretary of Department of National Defense, as Member;
(f) Secretary of Department of Trade and Industry, as Member;
(g) Secretary of the Department of Agriculture, as Member;
(h) Secretary of Department of Labor and Employment, as Member;
(i) Administrator of the Office of Civil Defense, as Member; and
(j) One (1) expert from the academe, as Member;
(k) One (1) expert from professional associations, as Member;
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(l) One (1) expert from industry, as Member; and
(m) 
One (1) representative from civic society organizations, as Member. 
Permanent and alternate representatives to the Advisory Board may be designated by 
its members.
The experts from the academe, professional association, industry, and civic society 
organization shall be nominated by their respective groups and shall be appointed by 
the President. Each expert shall serve for a term of six (6) years in the Advisory Board.
The advice of the advisory board shall be considered by the PAERC in its decisions or 
resolutions: Provided, however. That the PAERC shall have the final decision and shall 
be ultimately accountable for its decisions and actions. The Advisory Board may be 
convened anytime by any of its members, or upon the request of the PAERC.
Sec. 21. Office of the PAERC. - The main office of the PAERC shall be in Metro Manila: 
Provided, That the PAERC may establish additional offices in strategic areas as it may 
deem necessary.
ARTICLE III
Regulation and Authorization of Nuclear Installations 
And Radiation Facilities
Sec. 22. Requirement for Authorization. - The following shall be the requirements for 
the authorization to engage in any activity and practice:
a) Any person who intends to engage in an activity and practice shall submit an 
application to the PAERC of its intention to carry out such activity or practice in 
the form, with all the necessary requirements pursuant to Section 24 herein, 
and within the time limits required by the PAERC;
b) No authorization to acquire, own, or operate any nuclear installations and 
radiation facilities shall be issued to an alien, or any corporation or other entity 
which is owned or controlled by an alien, a foreign corporation, or a foreign
27


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government. For purposes of this Act, a corporation or entity is not owned or
2 
controlled by an alien, a foreign corporation, or a foreign government whenever
3 
at least sixty percent (60%) of its capital is owned by Filipino citizens;
4 
c) No authorization to acquire, own, or operate any nuclear power plant shall be
5 
issued to the government or any government-owned or controlled entity.
6
7 
Sec. 23. Activities Subject to Authorization. - It shall be unlawful for any person to
8 
engage in any activities and practices involving nuclear installations and radiation
9 
facilities except under an authorization issued by the PAERC. In addition, a person
10 
shall be required to apply for a specific authorization issued by the PAERC to conduct
11 
any of the following:
12 
a) Transfer, receive, acquire, own, possess, or use nuclear or radioactive material
13 
for medical, power generation, research, agricultural, and industrial;
14 
b) Manufacture and distribute radioactive materials or products containing
15 
radioactive materials to other licensees or persons exempt from the
16 
requirements for a license;
17 
c) Produce radioactive materials from particle accelerators;
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d) Use of ionizing radiation devices in medicine, dentistry, veterinary medicine,
19 
commerce and industry, education and training, research, anti-crime, security,
20 
household activities and all other establishments;
21 
e) Site, construct, commission, operate, repair, rehabilitate, dismantle,
22 
decommission, and close nuclear installations;
23 
f) Transport nuclear or radioactive materials to, within, and from the Philippines;
24 
and
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g) Engage in or provide nuclear technical services.
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Sec. 24. Licensing Procedure and Conditions for Issuance of Authorization. - The
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PAERC shall provide for the licensing procedure and the conditions for issuance of
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authorization as specified in the Implementing Rules and Regulations (IRR) issued
30 
under this Act. The PAERC shall make publicly available the regulations, standards,
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guides, orders, and information on the licensing procedure, including:
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(a) 
Procedures, requirements, and schedules for applications, including time 
frame for review and assessment of applications and issuance of 
authorizations;
(b) 
Criteria to be considered in decisions on authorizations made by the PAERC 
including issuance, suspension, modification, renewal, revocation, and 
relinquishment of authorizations;
(c) 
Conditions and qualifications that must be met by the applicant for an 
authorization;
(d) 
Procedures, requirements, and timeframe for meaningful public participation 
in the authorization process; and
(e) 
Procedures and requirements for the release of information concerning the 
authorization process, including measurers for the protection of confidential, 
within the context of national security, and proprietary information.
Sec. 25. Responsibilities of the Authorized Person. — Any person authorized to conduct 
activity and practices shall:
(a) Have the primary responsibility for the safe and secure conduct of those 
activities and practices and for ensuring compliance with this Act and all 
applicable regulations, requirements, and conditions of the authorization 
related to those activities and practices;
(b) Provide the PAERC with regular reports and any requested information and 
assistance in the performance of its regulatory functions; and
(c) Acquire the necessary authorization, if applicable, and inform the PAERC prior 
to any cessation of authorized activities and practices.
Sec. 26. Inspections and Enforcement - The PAERC shall:
(a) Implement a system of:
i. Regular inspection of nuclear and radiation facilities and transport of 
nuclear and radioactive materials utilized by these facilities, through 
regulations, orders, and other issuances, to verify compliance with 
the applicable requirements and conditions of any authorization 
issued under Section 22 herein, and
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ii. Verification of the safety and security of nuclear and radioactive
2 
material through safety and security assessments, monitoring and
3 
verification of compliance with any authorization issued under
4 
Section 22 of this Act, inspections, and the maintenance of
5 
appropriate records by licensees. The verification system shall be
6 
provided for by the PAERC through regulations, orders, and
7 
issuances;
8 
(b)Have the power to impose fines and penalties, including suspension,
9 
modification, and revocation of authorization when it has established, in
10 
conformity with the proceedings provided for in Section 23, that any person
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has committed a violation of:
12 
i. Relevant nuclear safety, security, and safeguards regulations, orders,
13 
and issuances,
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The conditions of an authorization issued under Section 24 herein, or
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Other requirements that do not constitute a criminal offense under
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Sections 59 and 60 of this Act.
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Sec. 27. Suspension, Modification, and Revocation of Authorizations. - Any
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authorization issued may be suspended, modified or revoked by the PAERC in the
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event of a willful violation of its conditions, when circumstances in which the public
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interest, health, safety, or security so requires, when the conditions under which it
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was issued are no longer complied with or are no longer applicable due to updates in
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scientific and technological progress, international obligations, or best available
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international practices, or in any circumstance that continued activity under the
25 
authorization shall pose an unacceptable risk to health or the environment: Provided,
26 
That the licensee shall have been accorded an opportunity to demonstrate or achieve
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compliance with the requirements. In all instances, the PAERC shall provide
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information to the public on the procedures and requirements for suspension,
29 
modification, renewal, or revocation of authorizations.
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All transfers, assignments, encumbrances, or any manner of disposition of, either
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voluntarily, or involuntarily, directly or indirectly, including transfers of controlling
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shares, of a nuclear or radiation facility or its authorization shall require an approval 
from the PAERC, upon a finding, subject to meaningful public consultation, that:
(a) the transfer, assignment, encumbrance, or any other manner of disposition is 
in accordance with the purposes and provisions of this Act, and
(b) the transferee, assignee, or person who encumbers or to whom the facility or 
authorization is disposed to has the legal, technical, and financial capability to 
fulfill the obligations under the authorization.
Upon the suspension, revocation, or expiration of an authorization which is not 
renewed, and pursuant to PAERC order, the licensee shall be required to take such 
measures as may be necessary to protect the health and safety of the public and the 
environment from the harmful effects of radiation, and ensure security of the nuclear 
or radiation facility as well as nuclear and radioactive materials and equipment.
ARTICLE IV 
Radiation Protection
Sec. 28. Regulation to Ensure Radiation Safety. - The PAERC shall:
(a) Take the appropriate steps to ensure that:
i. 
No activity or practice shall be authorized unless it produces sufficient 
benefit to the exposed person or to the society in a manner that 
offsets the radiation harm that it may cause,
ii. 
The magnitude of individual doses, the number of persons exposed, 
and the likelihood of incurring exposures shall all be kept as low as 
reasonably achievable while accounting for economic and social 
factors, and
iii. 
No individual shall be exposed to ionizing radiation doses which 
exceed prescribed national dose limits;
(b) Establish, regularly review, and revise, if applicable, the following:
i. Dose limits for persons that shall not be exceeded in conducting 
activities under regulatory control, and
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ii. Clearance levels below which radioactive material from authorized
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activities and practices can be released from regulatory control.
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The establishment, regular review, and revision, if applicable of dose
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limits and clearance levels shall:
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i. Reflect updates in scientific and technological progress, the country's
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international obligations, and best available international practices,
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Subject to meaningful public consultation, and
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In the case of clearance levels, it shall be consistent with the dose
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limits;
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(c) Identify sources, activities, or practices to be exempted from regulatory control
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in accordance with Sections 3 and 4 of this Act;
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(d) Maintain a national system for registration of licensees, registrants, imported
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and exported selected items, and ionizing radiation sources;
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(e) Ensure that authorized facilities maintain a record of exposure to the public,
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patients, and workers occupationally exposed to ionizing radiation at their
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workplace; and
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(f) Promulgate appropriate policies, regulations, rules, orders, guidelines, and.
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related issuances to address all issues and concerns related to exposure to
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ionizing radiation from natural sources.
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Sec. 29. Responsibilities of Authorized Persons in Radiation Protection. - All authorized
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persons shall:
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(a) Bear the prime responsibility for ensuring the safety and security of the facility
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and of all activities and practices associated with it;
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(b) Ensure compliance with the requirements and dose limits established by the
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PAERC and shall ensure that radiation doses to workers and the public,
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including doses from releases to the environment, are as low as reasonably
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achievable, taking into account social and economic factors;
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(c) Ensure the overall patient protection and safety in the prescription of, and
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during the delivery of, medical exposures, in the case of authorized persons to
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conduct activities utilizing ionizing radiation for medical purposes.
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ARTICLE V
Emergency Preparedness and Response
Sec. 30. Emergency Preparedness and Response Plan of Applicants and Licensees. - 
No authorization or license to conduct an activity or practice, operate a facility, 
possess, or use a source may be granted unless and until an appropriate emergency 
preparedness and response plan has been developed and tested by the applicant and 
approved by the PAERC. Upon issuance of authorization, licensees should regularly 
update, test, and maintain their emergency preparedness and response plan.
Sec. 31. Off-site and National Emergency Preparedness and Response. - The PAERC 
shall;
(a) Ensure that all emergency preparedness and response plans shall include, but 
not be limited, to the following:
i. 
Description of the methodology and instrumentation for assessing 
the emergency and its consequences,
ii. 
Identification of the responsibilities of employees for notifying the 
PAERC and other relevant national and local government authorities 
and for initiating intervention.
Identification of operating and other conditions that could lead to a 
need for intervention,
Indication of intervention levels to undertake protection actions and 
the scope of their application while accounting for various degrees of 
emergency severity,
V. Detailed procedures including communication arrangements for 
contacting and coordinating with PAERC and emergency intervention 
organizations, and for obtaining assistance from medical, fire­
fighting, law enforcement, and other services,
vi. 
Public information arrangements in the case of an emergency,
vii. 
Criteria for terminating each protective action undertaken, and
iii.
iv.
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viii. If applicable, results of any accident analysis and lessons learned
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from operating experience and for other accidents that have occurred
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in connection with similar activities;
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(b) Mandate and ensure regular training of personnel of the licensee and relevant
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government authorities involved in the implementation of emergency
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preparedness and response plans;
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(c) Develop, regularly update, test, maintain, and lead the implementation of the
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following:
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i. Off-site emergency preparedness and response plans based on the
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location of facilities: Provided, That this plan shall be prepared upon
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consultation with the licensee, relevant local government authorities,
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the community and the public, and other relevant national
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government agencies,
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National emergency preparedness and response plan, and
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iii. 
Transboundary emergency preparedness and response plan.
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The national and transboundary emergency preparedness and response
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plans shall be developed upon consultation with other relevant national
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government agencies and the public;
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(d) Coordinate the task of the radiological emergency response organization of the
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PAERC within the framework of the National Disaster Risk Reduction and
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Management Council of the Department of National Defense in the event of a
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nuclear and radiological emergency, accident, or incident; and
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(e) Provide for the activities of an emergency response center and for an
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international exchange of information on the radiation situation, consistent with
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the Philippines' obligations under the Convention on Early Notification of a
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Nuclear Accident, the Convention on Mutual Assistance in the Case of a Nuclear
27 
Accident or Radiological Emergency, and other relevant international
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obligations; and
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(f) Define the radiation levels at which evacuation should be undertaken.
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ARTICLE VI
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Transport of Nuclear and Other Radioactive Materials
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Sec. 32. Regulation in the Transport of Nuclear and Other Radioactive Material. - The 
PAERC shall establish and implement safety and security requirements for the 
transport of nuclear and other radioactive materials, including its packaging, to, from, 
and within the jurisdiction of the Philippines consistent with the IAEA's regulations for 
the safe and secure transport of radioactive material and other international 
obligations.
Sec. 33. Requirements for Authorization. - No person shall engage in the transport of 
nuclear and other radioactive materials without an authorization issued by the PAERC.
ARTICLE VII
Import and Export of Nuclear and Other Radioactive Materials
Sec. 34. Export or Import Control. - The PAERC shall establish and implement safety, 
security, and other regulatory requirements and guidelines for the importation and 
exportation of nuclear and other radioactive materials to and from the jurisdiction of 
the Philippines consistent with its international obligations. Towards this end, the 
PAERC shall ensure the following:
(a) 
That authorizations issued prior to import or export ensure the application 
of safeguards and physical protection measures to protect public health, 
safety, and security;
(b) 
Exporters of radioactive materials to the Philippines have an authorization 
from the competent authority of the exporting country to export the kind, 
quality, and quantity of radioactive material to the Philippines in accordance
with laws and regulations of the exporting country; and
(c) 
The importing country destination of the exported radioactive material from 
the Philippines have the appropriate technical and administrative capability, 
resources, and legal and regulatory frameworks necessary for the safe and 
secure management of the requested nuclear and other radioactive 
material.
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Sec. 35. Requirements for Authorization. - No person shall engage in the import or 
export of nuclear and other radioactive materials without an authorization issued by 
the PAERC.
ARTICLE VIII
Management of Spent Nuclear Fuel And Other Radioactive Waste
Sec. 36. Reguiation of Radioactive Waste and Spent Nudear Fuel Management - The 
PAERC shall establish and implement safety, security, and other regulatory 
requirements and guidelines to ensure the safe and secure management of radioactive 
waste and spent fuel consistent with the Philippines' international obligations. 
Towards this end, the PAERC shall ensure a system for the following:
(a) Applicable safety and security requirements and regulations for the protection 
of people and the environment from adverse impacts of radioactive waste and 
spent fuel management activities;
(b) Authorization of radioactive waste and spent fuel management activities;
(c) Regular inspection, documentation, and reporting of radioactive waste and 
spent fuel management activities, and in the case of disposal, a system of 
institutional control; and
(d) Enforcement to ensure compliance with applicable regulations and the terms 
and conditions of authorizations for radioactive waste and spent fuel 
management activities.
Sec. 37. Requirements for Authorization. - The following shall be required to obtain 
an authorization from the PAERC:
(a) All owners of radioactive waste;
(b) All persons handling radioactive waste;
(c) All persons engaged in the siting, design, construction, and operating of a 
radioactive waste facility, and
(d) AII persons engaged in the siting, design, construction, and operation of a 
storage or disposal facility of radioactive waste.
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No authorization to site, design, construct, and operate a radioactive waste facility
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and storage or disposal facility of radioactive waste shall be issued unless the following
3 
have been complied with:
4 
(a) Demonstration of necessary legal, technical, and financial qualifications;
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(b) Guarantee of the safe operation of the facility;
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(c) Demonstration, at the design and construction stages, that:
7 
i. Adequate measures have been taken to limit the radiological impact
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on the public and the environment,
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A systematic safety assessment has been carried out, and
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An appropriate environmental assessment has been carried out;
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(d) Completion, before the operation of the facility that a commissioning program
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shows that the facility complies with safety requirements;
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(e) In the case of a disposal facility, preparation of a plan for its closure that will
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allow for active and passive institutional control;
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(f) Sufficient knowledge to ensure the safety of workers, the public, and the
16 
environment at all times;
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(g) Preparation of an appropriate decommissioning plan;
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(h) Development of an emergency preparedness and response plan;
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(i) Maintenance of proper records of the location, volume or mass, and activity of
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the radioactive waste that has been stored or disposed of; and ,
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(j) Adequate efforts to minimize the volume of radioactive waste.
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ARTICLE IX
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Safeguards, Physical Protection, and Security
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Sec. 38. Safeguards. - The PAERC shall:
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(a) Maintain a system of accounting for and control of nuclear materials and
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establish requirements for accounting for and control of all nuclear material. It
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shall include the following systems:
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i. 
Measurement,
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ii. 
Evaluation of instrument accuracy,
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iii. 
Procedures for reviewing of measurement differences.
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iv. 
Procedures for inspection and carrying out physical inventories,
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Evaluation of unmeasured inventories,
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Records and reports for all material balance areas, and
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vii. 
Reporting to the IAEA;
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(b) Have the right to inspect and monitor compliance with, and request for all
6 
information related to, all activities under this Act;
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(c) Fulfill the Philippines' obligation to the Treaty on the Non-Proliferation of
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Nuclear Weapons, the Safeguards Agreement, any protocols thereto, and other
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relevant international obligations;
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(d) Liaise regularly with the IAEA on the following:
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i. Furnishing and updating of information regarding the design of
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nuclear installations,
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ii. Furnishing of reports required by the Safeguards Agreement, any
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protocols thereto, and other relevant international obligations,
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iii. Submission of requests for exemption from or termination of
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safeguards relating to nuclear and other radioactive material,
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iv. Notification of imports and exports of nuclear and other radioactive
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material,
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V. 
Provision of support for IAEA inspectors, and
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vi. 
Accompaniment of IAEA inspectors visits and inspections;
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(e) Ensure unimpeded access by designated IAEA inspectors and duly authorized
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representatives of the national government agencies to any facility or location
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provided for under the Safeguards Agreement, any protocols thereto, and other
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relevant international obligations, with a view to conducting the verification
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activities authorized by these instruments; and
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(f) Ensure full cooperation and support to the IAEA by all national government
27 
agencies and authorized persons in the application of safeguards measures.
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Sec. 39. Physical Protection and Security of Nuclear and Other Radioactive Material. -
30 
The PAERC shall:
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(a) Have the authority to issue policies, regulations, rules, orders, guidelines, and
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other issuances under this Act to:
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i. 
Implement effective measures to prevent, detect, and respond to 
unauthorized acts involving nuclear and other radioactive material 
that may cause injury to persons, property, or the environment in 
the Philippines, or otherwise jeopardize national security, and
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Protect individuals, society, and the environment from the 
deleterious effects of radioactive materials and sources;
(b) Establish requirements under the regulations issued under this Act for the 
physical protection of nuclear material, and shall fulfill the Philippines' 
obligations as party to the Convention on the Physical Protection of Nuclear 
Material, the Amendment thereto, and other international obligations;
(c) Have the authority under this Act to coordinate with the relevant national and 
local government agencies, and seek international cooperation to effectively 
implement these security measures.
ARTICLE X
Administrative Procedure and Judicial Review
Sec. 40. Notice and Conduct of Hearing. - Upon the request of any person whose 
interest may be affected, the PAERC shall hold a hearing for the grant, suspension, 
revocation, or modification of any authorization, or upon the issuance of an order 
granting, suspending, amending an authorization: Provided, That such person shall be 
admitted as a party to the proceeding.
The PAERC shall provide the public with notice of hearing at least seven (7) working 
days before the scheduled date of the hearing: Provided, That public notices shall be 
posted in a manner easily accessible to the public such as but not limited to actual 
and web posting.
The hearings of the PAERC shall be open to the public and relevant stakeholders, 
except when warranted by considerations of security, national defense, or proprietary 
matters: Provided, That notice of hearing is still provided to the public.
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No order of the Commission suspending, revoking, or modifying an authorization or 
any other order issued under this Act shall become effective until after the licensee 
has had notice for a hearing and an opportunity to be heard except in cases where 
immediate action is required to protect the health and safety of the public, 
environment, or in the interest of national security or defense: Provided, That such 
order shall be temporary pending the hearing and issuance of Commission's final 
decision in a proceeding.
Sec. 41. Orders and Decisions. - All orders and decisions of the Commission shall be 
in writing, stating clearly and distinctly the facts and issues involved, and the reasons 
on which the Commission's order or decision is based, and shall be made available to 
the public.
Sec. 42. Judiciai Review. - The Court of Appeals is hereby given the power of judicial 
review over any final order or decision of the Commission rendered under Section 41 
herein, and shall modify or set aside such order or decision when it clearly appears 
that there was no evidence before the Commission to reasonably support such order 
or decision, or is contrary to law.
Any final order or decision of the Commission may be reviewed by the Court of Appeals 
upon application of any party or any other person affected thereby, by certiorari in 
appropriate cases, or by petition for review, in accordance with the Rules of Court, 
within such period as the PAERC may rule or prescribe but not exceeding thirty (30) 
days from notice of such order or decision.
An appeal shall not suspend the grant of authorization, but shall maintain the 
suspension or revocation of authorization until after the final disposition of the case 
by the Court of Appeals, unless said Court determines otherwise. Only questions of 
law on such order or decision may be reviewed by the Supreme Court.
Sec. 43. Notice of Reguiation. - No policy, regulation, guideline, or issuance adopted 
by the Commission shall be effective until fifteen (15) days after publication of the
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policy, regulation, guideline, or issuance in any newspaper of general circulation: 
Provided, That if the Commission finds that there is an urgent necessity to protect the 
health, safety, and security of the public, environment, and national interest, the 
policy, regulation, guideline, or issuance may be made effective immediately upon 
publication in the Official Gazette, in a newspaper of general circulation, or upon 
furnishing copies of the policy, regulation, guideline, or issuance to the persons 
affected.
Sec. Incident Reports. - No report by any licensee of any incident arising out of or 
in connection with authorized activities made pursuant to any requirement of the 
PAERC shall be admitted as evidence in any suit or action for damages growing out of 
any matter mentioned in such report.
ARTICLE XI
Civil Liability For Nuclear and Radiation Damage
Sec. 45. The Operator Liabiiity. - The operator shall be liable for nuclear damage upon 
proof that such damage has been caused by a nuclear incident:
(a) In the operator's nuclear installation;
(b) Involving nuclear material coming from or originating in the operator's nuclear 
installation, and occurring:
i. 
Before liability with regard to nuclear accidents or incidents involving the 
nuclear material has been assumed, pursuant to the express terms of a 
contract in writing, by another installation operator; or
ii. In the absence of such express terms, before another installation operator 
has taken charge of the nuclear material.
(c) Involving nuclear material sent to the operator's nuclear installation, and 
occurring:
i. After liability with regard to nuclear accidents or incidents involving the 
nuclear material has been assumed by the operator, pursuant to the express 
terms of a contract in writing, from another installation operator; or
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ii. In the absence of such express terms, after the operator has taken charge 
of the nuclear material: Provided, That if nuclear damage is caused by a 
nuclear accident or incident occurring in a nuclear installation and involving 
nuclear material stored therein incidentally to the carriage of such material, 
the provisions of paragraph (a) of this Section shall not apply where another 
installation operator or person is solely liable pursuant to the provisions of 
paragraph (b) or (c) of this Section.
(d)Any provision in this Section to the contrary notwithstanding, the installation 
operator shall be liable for nuclear damage upon proof that such damage has 
been caused by a nuclear course of carriage:
i. 
To nuclear installation located in the territory of a state not party to an 
international convention on civil liability for nuclear damage to which the 
Philippines is a party; or
ii. To international transport between the Philippines and an operator in 
another contracting party to the Vienna Convention on Civil Liability for 
Nuclear Damage.
For the purpose of this Act, whenever both nuclear damage and damage other than 
nuclear damage have been caused by a nuclear accident or incident or jointly by a 
nuclear accident or incident and one or more other occurrences, such other damage 
shall, to the extent that it is not reasonably separable from the nuclear damage be 
deemed to be nuclear damage caused by that nuclear accident or incident. Where, 
however, damage is caused jointly by nuclear accident or incident covered by this 
Section and by an emission of ionizing radiation not covered by it, nothing in this 
Section shall limit or otherwise affect the liability, either as regards any persons 
suffering nuclear damage or by way of recourse or contribution, of any person who 
may be held liable in connection with that emission of ionizing radiation.
Sec. 46. Absolute and Exclusive Liability. - The liability of the installation operator for 
nuclear damage shall be absolute. The installation operator shall not be liable for 
nuclear damage caused by a nuclear accident or incident directly due to a grave
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natural disaster of an exceptional character. Except as otherwise provided in this Act, 
no person other than the installation operator shall be liable for nuclear damage.
Sec. 47. Recourse Actions. — The installation operator shall have a right of recourse 
only:
(a) If there is such a right pursuant to the express provision of a written contract 
with the other installation operator; or
(b) If the nuclear accident or incident results from an act or omission done with 
intent to cause damage, against the individual who has acted or omitted to act 
with such intent.
Sec. 48. Gross Negligence or Intentional Act of Claimant - If the nuclear damage 
resulted wholly or partly either from the gross negligence of the person suffering the 
damage or from an act or omission of such person done with intent to cause damage, 
the Court may relieve the installation operator from the obligation to pay 
compensation in respect of the damage suffered by such person.
Sec. 49. Exceptions to Liability. - An installation operator shall not be liable for any 
nuclear damage caused by a nuclear accident or incident directly due to an act of 
armed conflict, hostilities, civil war, or insurrection.
Sec. 50. Limit of Liability. - The liability of the installation operator for nuclear damage 
under this Act shall be limited to an amount in Philippine pesos which is equivalent to 
300 million SDRs or roughly equivalent to 400 million US dollars, for any one nuclear 
accident or incident, exclusive of interest or costs which may be awarded by the Court 
in actions for compensation of such nuclear damage.
The amount may be subject to change, as determined by the PAERC, in accordance 
with international conventions ratified by the Philippines.
Sec. 51. Exemption from Liability. - The installation operator shall not be liable under 
this Act for nuclear damage to the following:
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(a) The nuclear installation itself or to any property on the site of that installation 
which is used or to be used in connection with that installation;
(b) The means of transport upon which the nuclear or radioactive material involved 
was located at the time of the nuclear accident or incident.
Sec. 52. Exclusions. - The PAERC may, if it determines that the small extent of the 
risk involved so warrants, exclude by regulation any small quantities of nuclear 
material from the application of the provisions under this Act: Provided, That (a) 
maximum limits for the exclusion of such quantities have been established by the 
Board of Governors of the IAEA; and (b) any exclusion must be within the limits so 
established.
Sec. 53. Certificate to Carrier. - In accordance with such regulations as the PAERC 
may issue, the appropriate installation operator shall provide the carrier, which 
furnishes carriage of nuclear or radioactive material, with a certificate issued by or on 
behalf of the insurer or other financial guarantor furnishing the financial security.
Sec. 54. Liability of Several Installation Operators. - Where nuclear damage engages 
the liability of more than one installation operator, the following rules shall apply:
(a) In so far as damages attributable to each installation operator are not 
reasonably separable, the installation operators involved shall be jointly and 
severally liable;
(b) In case the nuclear accident or incident occurs in the course of carriage of 
nuclear or radioactive material, either in one and the same means of transport, 
or, in the case of storage incidental to the carriage, in one and the same nuclear 
installation and causes nuclear damage which engages the liability of more than 
one installation operator, the total liability shall not exceed the highest amount 
applicable with respect to any one of them pursuant to Section 50 of this Act; 
and
(c) In neither of the cases referred to in paragraphs (a) and (b) of this Section 
shall the liability of any one installation operator exceed the amount established 
in Section 50 hereof.
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Sec. 55. Operator of Several Installations. - Subject to the provisions of Section 54, 
where several nuclear installations of one and the same installation operator are 
involved in one nuclear incident, such installation operator shall be liable in respect of 
each nuclear installation involved up to the amount applicable pursuant to Section 50.
Sec. 56. Carrier or Handler of Nuclear Material as Installation Operator. - The PAERC, 
subject to such terms and conditions as it may prescribe by regulation or order, 
designate a carrier of nuclear or radioactive material or a person handling radioactive 
waste, upon the carrier's request and with the consent of the installation operator 
concerned, as installation operator in the place of the installation operator in respect 
of such nuclear or radioactive material or radioactive waste respectively. Upon such 
designation, such carrier or such person shall be considered as an installation operator 
for the purpose of this Section.
Sec. 57. Court Having Jurisdiction. - The Regional Trial Court having jurisdiction over 
the place where the nuclear accident or incident occurs shall have jurisdiction to 
determine claims for compensation for such nuclear damage under this Act.
Sec. 58. Intervention of PAERC in Court Proceedings. - When, after the occurrence of 
a nuclear accident or incident, it appears that the Government will have to pay 
indemnity, the Court having jurisdiction over the claims for compensation arising from 
the nuclear accident or incident, shall allow the PAERC, upon its petition, to intervene 
in the proceedings with respect to technical issues, at any time before final judgment.
Sec. 59. Compulsory Processes. - After the occurrence of a nuclear accident or incident 
for which it appears compensation may be payable under this Act, the PAERC may 
adopt such measures as may be appropriate to determine the persons who were or 
might have been exposed to ionizing radiation resulting from such nuclear incident, 
which measures may include summons to such persons to submit themselves to 
examination before such authority or body as may be designated by the PAERC within 
three (3) months from the date of summons.
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In determining the amount of damages or the right to recover damages, the Court 
may, in its discretion, take into account the inexcusable failure of the claimant to fulfill 
or comply with the foregoing obligation.
Sec. 60. Investigation of Nuciear Incidents. - The PAERC shall make an investigation 
of the cause and extent of any nuclear accident or incident for which it appears 
compensation may be payable under this Act and its finding shall be made available 
to the public, to the parties involved, and to the Courts.
ARTICLE XII 
Transitory Provisions
Sec. 61. The Philippine Nuclear Research Institute. - The regulatory functions of the 
PNRI, previously with the Philippine Atomic Energy Commission pursuant to Republic 
Act No. 2067, as amended, and Republic Act No. 5207, as amended. Executive Order 
No. 128, series of 1987, and Executive Order No. 366, series of 2004, are hereby 
transferred to the PAERC. All issuances as regulations, rules, and orders previously 
promulgated by the PNRI shall remain in force until superseded by the PAERC.
The development, promotion, and use of nuclear energy for peaceful applications shall 
remain the responsibility of the PNRI, whereupon the Director of the Institute shall, in 
coordination with the Department of Budget and Management (DBM), draw up its new 
organizational structure in accordance with civil service law and its relevant rules and 
regulations. The PNRI shall be the scientific nuclear organization in the country and 
continue to function as one of the Research and Development Institutes of the 
Department of Science and Technology (DOST), and continue its mandate to foster 
nuclear research and development including nuclear safety research pursuant to the 
objectives of Executive Order No. 128, series of 1987.
Sec. 62. The Center for Device Regulation, Radiation, Health and Research. - The 
regulatory functions of the Center for Device Regulation, Radiation, Health and 
Research (CDRRHR) of the Department of Health (DOH) over devices generating
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ionizing radiation by virtue of Republic Act No. 9711, otherwise known as The Food 
and Drug Administration Act of 2009, are hereby transferred to the PAERC. All 
regulations, rules, orders pertaining to ionizing radiation previously established by the 
CDRRHR shall remain in force until superseded by the PAERC. The administrative 
supervision of the CDRRHR shall remain with the DOH.
Sec. 63. Human Resources. - All plantilla positions of the Nuclear Regulatory Division 
of the PNRI are hereby transferred to the PAERC. Thereafter, all powers, functions 
and duties, records, files, and assets pertaining to regulation of nuclear and radioactive 
materials and facilities of the PNRI shall be transferred to the PAERC.
All plantilla positions of the Radiation Regulation Division of the CDRRHR which have 
responsibilities solely in ionizing radiation regulation are also hereby transferred to the 
PAERC. Thereafter, all powers, functions and duties, records, files, and assets of these 
organizational units shall be transferred to the PAERC.
Republic Act No. 6656, otherwise known as An Act to Protect the Security of Tenure 
of Civil Service Officers and Employees in the Implementation of Government 
Reorganization, shall govern the reorganization of the affected personnel of the 
Nuclear Regulatory Division of PNRI and the Radiation Regulation Division of the 
CDRRHR. There shall be no diminution of rank, salaries, allowances and benefits of 
all personnel transferred to the PAERC. In case of a difference in the above benefits 
between the transferred employees of the two agencies, the higher amount shall be 
adopted. New employees of the PAERC shall be entitled to the same allowances and 
benefits as the transferred employees.
The Commission shall draw up its organizational structure with the necessary 
qualification requirements and standards in accordance with the Administrative Code 
of 1987, other pertinent civil service laws and rules issued by the Civil Service 
Commission, and other relevant rules and regulations, for evaluation and approval 
upon submission to the DBM.
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Sec. 64. Magna Carta for Science and Technology Personnel. - Qualified employees 
of the PAERC and its attached units shall be covered by Republic Act No. 8439, 
otherwise known as the Magna Carta for Scientists, Engineers, Researchers and Other 
Science and Technology Personnel in the Government.
ARTICLE XIII 
Penal Provisions
Sec. 65. Violation of Provisions of the Act. - Any person who willfully violates, attempts 
to violate, or conspires to violate, any provision of this Act, except for reportorial 
requirements, shall upon conviction thereof, suffer the penalty of imprisonment of not 
more than five (5) years or a fine of not less than one million pesos (PHP 1,000,000.00) 
or both.
Sec. 66. Violation of Other Provisions of this Act. - Any person who shall willfully 
violates, attempts to violate, or conspires to violate any provisions of this Act for which 
no penalty is specifically provided, or of any regulation, order, or authorization issued 
under this Act shall, upon conviction thereof, suffer the penalty of imprisonment of 
not more than two (2) years or a fine of not more than Five Hundred Thousand Pesos 
(PHP 500,000.00) or both.
ARTICLE XIV 
Final Provisions
Sec. 67. Appropriations. - The amount of Five Hundred Million Pesos (PHP 
500,000,000.00) is hereby appropriated as the initial operating fund of PAERC for the 
first year of operation to be sourced from the Unallotted Appropriations under the 
General Appropriations Act (GAA). Thereafter, such sums as may be necessary for the 
continued implementation of this Act shall be included in the annual GAA.
Sec. 68. Use of Income. - The PAEC shall be authorized to retain at least twenty-five 
percent (25%) of its income to support its operations.
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Sec. 69. Nuclear Waste Management Fund. - All nuclear installations shall set aside 
a portion of the payment of the electricity generated from the use of nuclear energy 
to establish a Nuclear Waste Management Fund: Provided, That such portion of the 
payment shall only be paid by consumers whose distribution utilities contract with 
nuclear power plants: Provided further, That such portion of the payment shall be 
included in the bid price of power plants in any competitive selection process it 
participates in. The Fund shall be held in escrow and shall only be utilized for the safe 
disposal of nuclear waste, which includes siting research, transportation, and final 
disposal. The portion of the payment shall be determined by the PAERC taking into 
consideration international practices. Any diversion of the Fund from its intended use 
shall be punishable under Section 64 of this Act.
Sec. 70. Exemption from under Republic Act No. 11032 and Republic Act No. 11234. 
- The PAERC shall be exempt from the timeframes under Republic Act No. 11032, 
otherwise known as Ease of Doing Business and Efficient Government Service Delivery 
Act of 2018, and Republic Act No. 11234, otherwise known as the Energy Virtual One- 
Stop Shop Act: Provided, That the Commission shall determine the timeframe 
governing its issuance of authorizations and other relevant licenses and permits: 
Provided further. That the PAERC shall be exempt from the automatic or deemed 
approval provisions of these laws.
Sec. 71. Implementing Rules and Regulations. - The PAERC, in consultation with the 
DOST, DOH, Department of Environment and Natural Resources, Department of 
Foreign Affairs, Department of National Defense, National Security Council, DBM, and 
other relevant public and private stakeholders, shall issue the IRR of this Act within 
one hundred eighty (180) days from its effectivity.
Sec. 72. Repealing Clause. - The pertinent provisions of Republic Act No. 2067 as 
amended, otherwise known as the Science Act of 1958, Republic Act No. 5207 as 
amended, otherwise known as the Atomic Energy Regulatory and Liability Act of 1968, 
Republic Act No. 9711, otherwise known as the Food and Drug Administration Act of
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2009, Executive Order No. 128, Series of 1987, on reorganizing the National Science 
and Technology Authority, are hereby repealed. All other laws, executive orders, 
proclamations, rules, regulations, and other issuances or parts thereof which are 
inconsistent with the provisions of this act are hereby repealed, or amended 
accordingly.
Sec. 73. Separability Clause. - If any provision of this Act shall be declared 
unconstitutional or invalid, the other provisions not otherwise affected shall remain in 
full force and effect.
Sec. 74. Effectivity. - This Act shall take effect fifteen (15) days from its publication in 
the Official Gazette or in a newspaper of general circulation.
Approved,
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