Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First regular Session 
HOUSE BILL NO. _________ 
Introduced by REPRESENTATIVE JEYZEL VICTORIA C. YU 
2nd District, Zamboanga del Sur 
EXPLANATORY NOTE 
The Science Act of 1958 created National Science Development Board (NSDB) now 
known as the Department of Science and Technology (DOST). The same law created the 
Philippine Atomic Energy Commission (PAEC) now known as the Philippine Nuclear 
Research Institute (PNRI) to promulgate rules and regulations to ensure the safe use and 
application of radioactive materials in different fields of application. This law was enacted 
with the objective of protecting the public health, safety, security, and the environment from 
potential damage resulting from activities involving radiation and nuclear/radioactive 
materials. Ten years later when the government decided to pursue the nuclear power 
option, the Atomic Energy Regulatory and Liability Act of 1958 or the Republic Act 5207 
was enacted to provide the licensing and regulation of atomic energy facilities and materials, 
establishing the rules on liability for nuclear damage and other purposes. 
In 1987, Executive Order No. 128 was enacted reorganizing PAEC and renamed 
Philippine Nuclear Research Institute (PNRI) which was placed under the Department of 
Science and Technology (DOST) of the new government (Reorganizing the National 
Science and Technology Authority). Up until now, the PNRI oversaw both promotional and 
regulatory activities in the country. Given these dual responsibilities, there has been 
increasing concerns on whether the PNRI is effective and objective in regulating all nuclear 
materials and activities for peaceful purposes in the country. 
On the other hand, the Center for Device Regulation, Radiation Health and 
Research/CDRRHR (formerly Bureau of Health Devices and Technology/BHDT) was 
created under the Food and Drug Administration (FDA) of the Department of Health (DOH) 
through Republic Act No. 9711. The Radiation Health Division of the CDRRHR was 
established given the following powers and functions, among others, over the use of 
radiation devices to regulate the use of ionizing and non-ionizing radiation devices in 
medicine, dentistry, veterinary medicine, commerce and industry, education and training, 
research, anti- crime, security, household activities, and all other facilities/establishments 
and activities where radiation devices are used. 
The need for a separate organization, whose sole concern would be nuclear safety, 
security and safeguards, separate from promotional, political and economic influences, 
becomes apparent. The Philippines through the PNRI has been considering revisions to the 
country's nuclear and radiation laws. The primary purpose of these revisions would be to 
reflect internationally acceptable practices and to ensure that the Philippine national 
legislative and regulatory framework is consistent with the nation's obligations under 
relevant international instruments. Furthermore, it must ensure and provide an adequate 
basis for further development of nuclear technology for peaceful purposes. 
The proposed bill will provide a legal framework for conducting activities related to 
nuclear energy and ionizing radiation in a manner which adequately protects individuals, 
January 31, 2023
4:15 pm
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property and the environment. The proposed bill will address all the gaps and omissions 
identified in reviewing the current legislative framework (under RA 5207) in the areas system 
of physical protection, safeguards, nuclear security, nuclear/radiological emergency 
preparedness and response, radioactive waste management, licensing of nuclear facilities, 
nuclear materials and radioactive sources, including those in PNRI, and transport of 
nuclear/radioactive materials. The proposed creation of a single regulatory body, the 
Philippine Nuclear Regulatory Commission (PNRC), will ensure effective independence of 
the regulatory functions for control of all sources of ionizing radiation for the safety and 
security of the public, and for protection of the environment. This will harmonize with the 
structure in most countries especially in the Asia-Pacific region such as China, Indonesia, 
South Korea, Japan, Malaysia, Thailand, Pakistan, India, Australia, New Zealand, 
Singapore, and Vietnam. The proposed law will modernize the current laws governing the 
control of nuclear, radioactive, ionizing radiation sources. It will ensure consistency with the 
nation's obligations under relevant international instruments. 
Under the FDA Law or “Food and Drug Administration Act of 2009”, CDRRHR's 
mandate is only limited to the regulation of devices emitting ionizing and non-ionizing 
radiation in both non-medical and medical applications. It will not address the elements 
included in the proposed bill such the issues on nuclear security, physical protection, 
radioactive waste management, among others. 
The PNRI proposes for the creation of a single nuclear regulatory body with effective 
independence - the Philippine Nuclear Regulatory Commission (PNRC) under the 
Department of Science and Technology (DOST). The proposed bill provides the most 
appropriate and effective approach for the Philippines to modernize and strengthen its legal 
framework for nuclear safety, security and safeguards. The proposed legislation will provide 
for the establishment of a regulatory framework that will decide on issues affecting public 
health and the protection of the environment, safety, nuclear security and safeguards, 
outside of the influences of other groups with political, economic or social interests. These 
main issues of regulatory independence will generate in the public higher levels of trust and 
confidence in the application of nuclear technologies, which is a requisite for the continued 
use of nuclear energy and radioactive materials in the country. 
Thus, passage of this bill is earnestly sought. 
 
 
 
 
 
 
 
 
 
 
 
 
JEYZEL VICTORIA C. YU 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First regular Session 
HOUSE BILL NO. _________ 
Introduced by REPRESENTATIVE JEYZEL VICTORIA C. YU 
2nd District, Zamboanga del Sur 
AN ACT 
PROVIDING FOR COMPREHENSIVE ATOMIC REGULATION, CREATING FOR THE 
PURPOSE, 
THE 
PHILIPPINE 
ATOMIC 
REGULATORY 
COMIISSION, 
AND 
APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
ARTICLE I 
GENERAL PROVISIONS 
SECTION 1. Short Title. – This Act shall be known as the “Comprehensive Atomic 
Regulation Act”. 
SECTION 2. Declaration of Policy. – It is hereby declared to be the policy of the State 
to: 
a. Harness the peaceful uses of nuclear energy that can provide important benefits
in many fields, including health and medicine, energy production, scientific
research, agriculture, industry, and education;
b. Recognize the potentially harmful effects of ionizing radiation resulting from
improper use, accidents, and/or malicious acts, as well as determine the doses
of radiation for which these ill-effects disappear or become beneficial;
c. Protect individuals, society, and the environment from the potentially harmful
effects of ionizing radiation, including those resulting from improper use,
accidents or malicious acts;
d. Establish and maintain a legal and regulatory framework for the regulation and
control of peaceful uses involving radiation sources, nuclear material, and any
other radioactive material;
e. Manage radioactive waste in a manner that protects current and future
generations from undue impacts; and,
f.
Establish and maintain a legal and regulatory framework for implementing
effective measures to prevent, detect, and respond to unauthorized acts involving
nuclear material, other radioactive sources, or associated facilities that may
cause injury to persons, property or the environment or otherwise jeopardize
national security.
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SECTION 3. Objectives. – The objectives of this Act are: 
 
a. To provide a legal framework that adequately protects public health and safety 
and the environment against the harmful effects of ionizing radiation, and for the 
safety and security of radiation sources; 
 
b. To establish the Philippine Atomic Regulatory Commission (PARC), for the 
purpose of exercising regulatory control over the peaceful uses of ionizing 
radiation in the territory or area under the jurisdiction or control of the Republic of 
the Philippines, including the production, possession, use, import, export, 
transport, transfer, handling, and management of radioactive materials, nuclear 
materials or any other activities or practices identified by the PARC; 
 
c. To establish and maintain a regulatory system for the formulation and/or adoption 
of regulations and guides on the use of ionizing radiation that specify the 
principles, requirements, and associated criteria for safety and security upon 
which regulatory judgments, decisions, and actions are based; and 
 
d. To enable the Philippines to fulfill its obligations under relevant international 
instruments entered into by the Philippines, in particular, the Treaty on the Non-
Proliferation of Nuclear Weapons (NPT); the Treaty on Southeast Asia Nuclear 
Weapon-Free Zone; Comprehensive Test Ban Treaty; the Agreement between 
the Philippines and the International Atomic Energy Agency (IAEA) for the 
Application of Safeguards in Connection with the NPT (the Safeguards 
Agreement); Additional Protocol to Safeguards Agreement; Vienna Convention 
on Civil Liability for Nuclear Damage; Agreement on the Privileges and 
Immunities of the IAEA; Convention on the Physical Protection of Nuclear 
Material, UN Resolutions on Nuclear Security, and other relevant international 
instruments entered into by the Republic of the Philippines. 
 
e. To take cognizant on the pending conventions signed by the Philippine 
Government such as the Amendment to the Convention on Physical Protection 
of Nuclear Materials, International Convention on the Suppression of Acts of 
Nuclear Terrorism, Convention on Nuclear Safety and Joint Convention on the 
Safety of Spent Fuel Management and on the Safety of Radioactive Waste 
Management. 
 
SECTION 4. Scope, Exemptions and Exclusion. 
 
a. This Act shall apply to all activities and practices involving the peaceful uses of 
nuclear energy and other radioactive materials, facilities and radiation generating 
equipment. 
 
b. This Act shall not apply to activities or practices involving exposures that have 
been excluded from regulatory control through regulations established by the 
PARC. 
 
c. This Act shall not apply to regulations of sources of non-ionizing radiation. 
 
 
 
 
 
 
 


SECTION 5. Definitions. – As used in this Act: 
 
(a) Activity and Radioactivity refers to the amount of radionuclide produced in a 
given energy state at a given time; 
 
(b) Activities refer to the design, manufacture, construction, import, export 
distribution, sale, loan, commissioning, use, operation, maintenance, repair, 
transfer, decommissioning or possession of nuclear materials and radiation 
sources for industrial, energy production, education, research, agriculture and 
medical purposes; the transport of radioactive materials; the mining and 
processing of radioactive ores; the closing down of associated facilities; the 
clean-up of sites affected by the residues from the past activities; and radioactive 
waste management activities such as the discharge of effluents and such other 
activities as the PARC shall from time to time determine; 
 
(c) Atomic refers to any process related to the atom, the basic building block of 
matter; 
 
(d) Authorization refers to a written permission granted by the PARC to a person 
who has submitted an application involving nuclear and radioactive materials and 
associated facilities, and ionizing radiation generating equipment. The 
authorization can take the form of a notification, a registration, or a license; 
 
(e) Decommissioning refers to the administrative and technical actions taken to 
allow 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, and typically include 
reducing the levels of residual radionuclides 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; 
 
(f) Emergency Plan refers to a description of the objectives, policy, and concept of 
operations for the response to an emergency and of the structure, authorities and 
responsibilities for a systematic, coordinated and effective response. The 
emergency plan serves as the basis for the development of other plans, 
procedures and checklists; 
 
(g) Emergency Preparedness refers to the capability to take actions that will 
effectively mitigate the consequences of an emergency for human health and 
safety, quality of life, property, and the environment; 
 
(h) Emergency Response refers to the performance of actions to mitigate the 
consequences of an emergency for human health and safety, quality of life, 
property, and the environment; 
 
(i) Exclusion refers to the deliberate excluding of a particular category of exposure 
from the scope of an instrument of regulatory control on the grounds that it is not 
considered amenable to regulatory control through the regulatory instrument in 
question. 
 
(j) Exemption refers to the determination by the PARC that a source or practice 
need not be subject to some or all aspects of regulatory control on the basis that 
the exposure, including potential exposure due to the source or practice 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; 


(k) Facilities refer to nuclear installations or radiation facilities in which people may 
be exposed to ionizing radiation. These include: 
 
a. uranium mining and raw material processing facilities such as uranium mines; 
 
b. enrichment and fuel manufacturing plants; 
 
c. nuclear power plants; 
 
d. other reactors such as research reactors and critical assemblies; 
 
e. spent fuel reprocessing plants; 
 
f. radioactive waste management facilities; 
 
g. radiation generator installations and facilities; 
 
h. irradiation installations; 
 
i. nuclear and radiation facilities for medical, industrial, research and education 
purposes; and 
 
j. such other facilities as the PARC shall determine from time to time; 
 
(l) Facility Operators refer to any organization or person applying for authorization 
or authorized or responsible for nuclear, radiation, radioactive waste or transport 
safety when undertaking activities or in relation to any nuclear facilities or sources 
of ionizing radiation. This includes, inter alia, private individuals, governmental 
bodies, consignors or carriers, licensees, hospitals, self-employed persons, etc.; 
 
(m) Income refers to the fees and other payments given to the PARC in the conduct 
of its regulatory functions; 
 
(n) Installation Operator refers to any person authorized to undertake the operation 
of a nuclear or radiation facility; 
 
(o) Ionizing Radiation refers to electromagnetic or particulate radiation capable of 
producing ion pairs directly or indirectly; 
 
(p) License refers to a legal document issued by the PARC granting authorization to 
perform specified activities related to facilities or activities; 
 
(q) Licensee refers to the authorized person who is a holder of a valid license 
granted for a practice or source who has recognized rights and duties for the 
practice or source, particularly in relation to protection and safety; or an 
organization having overall responsibility for facilities or activities; 
 
(r) Natural Sources refer to naturally occurring sources of radiation, such as the sun 
and stars (sources of cosmic radiation) and rocks and soil (terrestrial sources of 
radiation); 
 
(s) Nuclear Accident refers to any unintended event, including operating errors, 
equipment failures and other mishaps, the consequences or potential 
consequences of which are not negligible from the point of view of protection or 
safety; 


 
(t) Nuclear Damage refers to loss of life, any personal injury or any loss, or damage 
to, or loss of use of property, which arises out of or results from the radioactive, 
toxic, explosive or other hazardous properties, or any combination thereof, of 
nuclear fuel or radioactive products or any waste in, or of nuclear materials 
coming from, originating in, or sent to, a nuclear installation or from the ionizing 
radiation emitted by any other sources of radiation inside a nuclear installation. 
Personal injury includes any physical or mental injury, sickness or disease, death 
whether caused directly by a physical trauma or otherwise; 
(u) Nuclear Incident refers to any occurrence or series of occurrences having the 
same origin which causes nuclear damage or, but only with respect to preventive 
measures, creates a grave and imminent threat of causing such damage; 
 
(v) Nuclear Installation refers to any of the following: 
 
a. A nuclear power plant; 
b. a nuclear reactor for research or production of nuclear materials for industrial 
or medical use, including critical and sub-critical assemblies; 
c. a plant for preparing or storing fuel for use in a nuclear reactor as described 
in paragraph (1); 
d. a nuclear waste storage or disposal facility with an activity that is greater than 
the activity level prescribed by regulations made for the purposes of this law; 
e. a facility for production of radioisotopes with an activity that is greater than the 
activity level prescribed by regulations made for the purposes of law this 
section; and 
f. any other facility that is prescribed for the development, production or use of 
nuclear energy or the production, possession or use of a nuclear substance, 
prescribed equipment or prescribed information; 
 
(w) Nuclear Material refers to: 
 
a. 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, 
 
b. Plutonium except that with isotopic concentration exceeding 80% in 
plutonium-238; uranium-233; uranium enriched in the isotope 23S 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; 
 
(x) Nuclear or Radiological Emergency refers to a non-routine situation that 
necessitates prompt action primarily to mitigate a hazard due to (a) The energy 
resulting from a nuclear chain reaction or from the decay of the products of a 
chain reaction; or (b) Radiation exposure or adverse consequences for human 
health and safety, quality of life, property or the environment; 
 
(y) 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; 
 
(z) Person refers to (1) Any individual, organization, corporation, partnership, firm, 
association, trust, estate, public or private institution, group, political or 


administrative entity or other person designated in accordance with national 
legislation, who or which has responsibility and authority for any action taken 
under this Act; and (2) any legal successor, representative, agent, or agency of 
the foregoing. It can also mean any individual who works, whether full time, part 
time, temporarily, for a licensee and who has recognized rights and duties in the 
license in relation to occupational radiation protection; 
 
(aa) Physical Protection refers to technical and organizational measures for 
protection of nuclear material or authorized facilities designed to prevent 
unauthorized access with nuclear installations, nuclear materials and other 
radioactive materials; 
 
(bb) 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; 
 
(cc) Radiation Facility refers to a facility that utilizes radioactive materials; particle 
accelerator facility; and other such facility that the PARC shall determine from 
time to time; 
 
(dd) Radiation Generating Equipment or Radiation Generator refers to an 
equipment or device that generates ionizin9 radiation when energized (e.g., x-ray 
generating equipment) or that would, if assembled or repaired, be capable of 
producing ionizing radiation when energized as the PARC shall from time to time 
determine; 
 
(ee) Radiation Protection refers to the protection of people and the environment from 
the harmful effects of ionizing radiation; 
 
(ff) Radiation Source refers to a radiation generator, or a radioactive source or other 
radioactive material outside the nuclear fuel cycles of research and power 
reactors; 
 
(gg) Radioactive Material refers to any material designated in national law or by 
PARC as being subject to regulatory control because of its radioactivity which 
includes sealed and unsealed sources and radioactive waste; 
 
(hh) Radioactive Source refers to a radioactive material permanently sealed in a 
capsule or closely bonded and in a solid form and which is not exempt from 
regulatory control. This also includes any radioactive material released if the 
radioactive source is leaking or broken, but does not include material 
encapsulated for disposal, or nuclear material within the nuclear fuel cycles of 
research and power reactors; 
 
 
(ii) Radioactive Waste make refers to waste substances, objects or equipment for 
which no further use is foreseen by their owner, with a radionuclide content or 
surface radionuclide contamination exceeding values permitting their discharge 
into the environment, these values shall be set out in an implementing regulation; 
(jj) Radioactive Waste Disposal refers to a permanent emplacement of radioactive 
waste into areas, facilities or installation without the intention of its retrieval; 
 


(kk) Radioactive Waste and Spend Fuel Storage refers to the holding of radioactive 
sources, spent fuel or of radioactive waste in a facility that provides for their/its 
containment, with the intention of retrieval; 
 
(ll) Radionuclide refers to an unstable form of a chemical element that radioactively 
decays, resulting in the emission of nuclear radiation; 
 
(mm) Registrant refers to the holder of a current registration; 
 
 
(nn) Registration refers to a form of authorization for practices of low or moderate 
risks whereby the person responsible for the practice has prepared and submitted 
a safety assessment of the facilities and equipment to the PARC and has 
complied with the legal requirements. The requirements for safety assessment 
and the conditions or limitations applied to the practice should be less severe than 
those for licensing. Typical practices that are amenable to registration are those 
for which: 
 
a. safety can largely be ensured by the design of the facilities and equipment; 
b. the operating procedures are simple to follow; 
c. the safety training requirements are minimal; and 
d. there is a history of few problems with safety in operations; 
 
(oo) Regulatory Board refers to the Philippine Atomic Regulatory Commission;  
 
(pp) 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;  
 
(qq) Safety refers to the protection of people and the environment against radiation 
risks, and the safety of facilities and activities that give rise to radiation risks; 
 
(rr) Security refers to the prevention and detection of and response to, theft, 
sabotage, unauthorized access, illegal transfer or other malicious acts involving 
nuclear material, other radioactive substances or their associated facilities; 
 
(ss) 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; 
 
(tt) Special Drawing Right, hereinafter referred to as SDR, refers to the unit of 
account defined by the International Monetary Fund and used by it for its own 
operations and transactions; 
 
(uu) 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 PARC; 
 
(vv) Spent Fuel refers to nuclear fuel that has been irradiated in and permanently 
removed from a reactor core; and 
 
(ww) Technical and Scientific Support Organization refers to external organization 
or experts who are not part of the PARC's permanent staff from whom the PARC 


may seek advice or recommendations in the conduct of its regulatory 
responsibilities. 
 
ARTICLE II 
 
THE PHILIPPINE ATOMIC REGULATORY COMMISSION 
 
SECTION 6. Creation and Mandate of the Philippine Atomic Regulatory Commission 
(PARC). – There is hereby created an independent central nuclear regulatory body to be 
known as the Philippine Atomic Regulatory Commission (PARC) which shall exercise 
authority over all aspects of safety, security, and safeguards involving nuclear materials and 
other radioactive materials, facilities and radiation generating equipment. 
 
SECTION 7. Regulatory Policy. – In issuing authorizations and other regulations 
under this Act, the PARC shall: 
 
(a) Impose the minimum requirements to protect the health and safety of the public 
and the environment, and ensure the security of ionizing radiation sources; 
 
(b) Prevent the spread of nuclear weapons and prevent nuclear or radiological 
terrorism consistent with the obligations of the Philippines under relevant 
international instruments; 
 
(c) Establish and implement regulations, rules and orders consistent with relevant 
international standards and best practices; and 
 
(d) Ensure that facility operators are technically and financially qualified to engage in 
the proposed activities in accordance with the requirements of this Act and the 
PARC's regulations, and has financial protection to fulfill obligations on liability for 
nuclear and radiation damage. 
 
SECTION 8. Functions of the PARC.  – The PARC shall: 
 
(a) Define, formulate, develop and issue policies, regulations, orders and rules, 
standards, regulatory guides, and other issuances necessary for the 
implementation of this Act and its implementing rules and regulations; 
 
(b) Issue, amend, and revoke rules, regulations and orders pertaining to the financial 
capability of facility operators to cover liability for nuclear damage; 
 
(c) Establish and implement a system of authorization in the form of notification, 
registration, and licensing, including modifications, amendments, suspension, 
and revocation of such authorizations; 
 
(d) Review and assess submissions on safety assessments and security plans from 
the facility operators prior to authorization and periodically thereafter, as required; 
 
(e) Inspect, monitor, and assess activities and practices ensure compliance with 
applicable regulations, and the terms and conditions of authorizations; 
 
(f) Take enforcement measures as provided for under Section 21 of this Act in the 
event of non-compliance with applicable regulations or the terms and conditions 
of authorizations; 
 
(g) Define exemptions and exclusions from regulatory control; 


 
(h) Ensure the application of safety, safeguard and security requirements consistent 
with national and international commitments; 
 
(i) Hold hearings and conduct investigations, and for these purposes, administer 
oaths and affirmations and issue subpoenas to any person to appear and testify, 
or to appear and produce documents at any designated time and place; 
 
(j) Cooperate with and act as the national competent authority on nuclear safety, 
security and regulatory matters for the International Atomic Energy Agency 
(IAEA), foreign governments, ministries, departments, and agencies, relevant 
regional and international organizations, including law enforcement and 
intelligence agencies; 
 
(k) Participate 
in 
relevant 
regional 
and 
international 
conferences/meetings/workshops/seminars/trainings related to safety, security, 
and safeguards of nuclear and other radioactive materials and safety of radiation 
generating equipment; 
 
(l) Obtain experts' advice and opinions necessary to perform its functions, including 
the hiring of consultants, contracting of specific projects, or establishing Technical 
and Scientific Support Organizations (TSOs) or ad hoc advisory bodies; 
 
(m) Conduct or contract out research activities on radiation safety an security; 
 
(n) Establish appropriate mechanisms and procedures for informing and consulting 
the public and other stakeholders about the regulatory process and the safety, 
health, and environmental aspects of regulated activities and practices, including 
in incidents, accidents, and abnormal occurrences; 
 
(o) Establish and maintain a national register of radiation sources 
 
(p) Establish and maintain a national register of persons authorized to carry out 
activities or practices under this law; 
 
(q) Cooperate with the IAEA in the application of safeguards in accordance with the 
Safeguards Agreement, and any protocols thereto, between the Republic of the 
Philippines and the IAEA, including conducting inspections and visits, carrying 
out complementary access and providing any assistance or information required 
by designated IAEA inspectors in the fulfillment of their responsibilities; 
 
(r) Establish and maintain a State System of Accounting for and Control of nuclear 
material and a national system for the registration of licenses for nuclear material, 
and to establish the necessary reporting and record keeping and requirements 
pursuant to the Safeguards Agreement, and any protocols thereto, between a 
State and the IAEA; and 
 
(s) Perform such other relevant functions necessary to implement the provisions of 
this Act. 
 
Nothing in this Act shall preclude the authorized agents of the Department of National 
Defense and other law enforcement agencies to conduct inspections of atomic energy 
facilities, and materials or any activities jointly with the authorized representatives of the 
PARC when the national security of the State is involved. 
 


SECTION 9. Management System. – The PARC shall establish, implement, and 
assess a management system that is aligned with its safety goals and contributes to its 
achievement. The PARC shall ensure that regulatory control is stable and consistent. 
 
SECTION 10. Organizational Structure of the PARC. – The PARC shall be headed 
by a Commissioner who shall be appointed by the President for a term of five (5) years with 
a rank equivalent to an Undersecretary. The Commissioner shall be assisted by four (4) 
Deputy Commissioner who shall be appointed by the President with a rank equivalent to 
Assistant Secretary with a term of five (5), four (4), three (3) and two years, respectively. 
Thereafter, the successors shall be appointed for five (5) years. The four (4) deputy 
Commissioners shall represent the following sectors: (a) health, (b) energy, (c) defense and 
security, and (d) industry which shall include research, industry, agriculture, and 
environment. The Deputy Commissioners may come from any of the aforesaid sectors. 
 
The Commissioner or at least one (1) of the four (4) Deputy Commissioners shall 
have the necessary scientific and technical qualifications, preferably an advanced degree 
in natural sciences or engineering or a broad professional background in any of the said 
fields. 
 
The members of the PARC shall not be removed from office except for just cause as 
may be provided by law. 
 
For the proper management and effective implementation of the objectives of the 
PARC, an Executive Director shall be appointed by the President upon the recommendation 
of the PARC, and shall perform the following functions: 
 
(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 PARC; 
 
(c) Recommend and develop plans to achieve the PARC's objectives; 
 
(d) Provide secretariat services to the PARC; and 
 
(e) Perform such other 
relevant 
functions 
necessary 
to 
implement 
the provisions of this Act. 
 
All other officials and employees of PARC shall be appointed by the Commissioner 
subject to the civil service laws, rules, and regulations. 
 
SECTION 11. Official Site of PARC. – A land area equivalent to at least ten (10) 
hectares out of the area of lands which are under the administration of the Bases 
Conversion and Development Authority (BCDA) within the Clark Special Economic Zone in 
Pampanga and Tarlac, shall be allocated exclusively for the PARC office: Provided, That 
the PARC shall establish additional offices in strategic areas as it may deem necessary: 
Provided further, That the boundaries and technical descriptions of these land areas shall 
be determined by an actual and joint group survey. 
 
SECTION 12. Use of Income. – The budget of the PARC, based on an annual 
appropriation from Congress, shall ensure that the PARC has the financial and human 
resources necessary to fulfill its assigned responsibilities under this Act. 
 
The PARC shall also be authorized to: 


 
(a) Charge and collect reasonable fees in the performance of Its regulatory functions; 
Provided, that such fees shall be imposed by regulation on the basis of such 
published criteria as the PARC deems appropriate and in compliance with 
existing rules and regulations; and 
 
(b) Use of its income, donations, bequests, grants, and all sums which may be 
appropriated for upgrading its physical and human resources, with due 
consideration to the PARC's independence and impartiality for the conduct of its 
activities, and for augmentation of its budget in case of shortfalls. The PARC, as 
an independent and impartial PARC may also solicit, receive and retain 
donations, bequests, and grants. 
 
SECTION 13. Nuclear Waste Management Fund. – In view of the great importance 
of nuclear waste disposal and spent fuel, a portion of the payment of the electricity 
generated from the use of nuclear energy shall be set aside to establish a Nuclear Waste 
Management Fund. The Fund shall be held in escrow and can only be utilized for the 
decommissioning of nuclear facilities and for the safe disposal of the nuclear waste, which 
includes siting research, transports, and final geological disposal. The portion of the 
payment shall be determined by the PARC comparable to international practice. 
 
SECTION 14. Technical and Scientific Support Organizations. – The PARC is 
authorized to seek expert opinion and recommendations from independent technical and 
scientific support organizations whose technical advice does not have any conflict of interest 
or improper influence on its regulatory decision making. Any advice offered shall not relieve 
the PARC of its responsibilities under this Act, other relevant laws, and applicable 
regulations. 
 
SECTION 15. Establishment of an Advisory Board. – There shall be established an 
advisory board to assist and advise the Commissioners on 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, not exceeding thirteen (13) members, 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; and, 
 
(i) Five (5) experts from the academe and related industry and/or professional 
associations. 
 


The advice of the Board shall not be disregarded by the PARC in its decisions or 
resolutions: Provided, however, That the PARC shall have the final decision and shall be 
ultimately accountable to their decisions and actions. 
 
The Advisory Board may be convened anytime by any of its Chairpersons, or upon 
the request of the PARC. 
 
ARTICLE III 
 
REGULATION AND AUTHORIZATION OF NUCLEAR INSTALLATIONS AND 
RADIATION FACILITIES 
 
SECTION  16. Requirement for Authorization. – 
 
(a) Any person who intends to engage in activities or practices shall submit 
application to the PARC of its intention to carry out such activities or practices in 
the form and within the time limits required by the PARC. 
 
(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 
government. For purposes of this Act, a corporation or entity is not owned or 
controlled by an alien, a foreign corporation of a foreign government unless at 
least sixty percent (60%) of its capital stock is owned by Filipino citizens. 
 
SECTION 17. Activities Subject to Authorization. – It shall be unlawful for any person 
to transfer, construct, receive, own, possess, operate, import, or export any nuclear 
installations and radiation facilities except under an authorization issued by the PARC under 
this Act. A person or organization shall be required specific authorization issued by the 
PARC under this Act to conduct any of the following activities: 
 
(a) Transfer, receive, acquire, own, possess, or use nuclear or radioactive material 
for medical, industrial, agricultural, energy production and research applications; 
 
(b) Manufacture and distribute of radioactive materials or products containing 
radioactive materials to other licensees or persons exempt from the requirements 
for a license; 
 
(c) Produce radioactive materials from particle accelerators; 
 
(d) Use of ionizing radiation devices in medicine, dentistry, veterinary medicine, 
commerce and industry, education and training, research, anti- crime, security, 
household activities and all other facilities/establishments; 
 
(e) Site, construct, commission, operate, dismantle, decommissioning, and closure 
of nuclear installations; 
 
(f) Transport nuclear or radioactive materials to, within, and from the Philippines; 
and, 
 
(g) Engage in or provide nuclear technical services. 
 
SECTION 18. Licensing Process and Conditions for Issuance of Authorization. – The 
PARC shall provide for the licensing process and the conditions for issuance of 


authorization specified in the Implementing Rules and Regulations (IRR) issued under this 
Act. 
 
SECTION 19. Responsibilities of the Authorized Person. – 
 
(a) Any person authorized to conduct activities or practices shall have the primary 
responsibility for the safe and secure conduct of those activities or practices and 
for ensuring compliance with this Act and all applicable regulatory requirements 
and conditions of the authorization related to those activities or practices. 
 
(b) Any person authorized to conduct activities or practices shall provide the PARC 
with any requested assistance in the performance of its regulatory functions. 
 
(c) Any person ceasing authorized activities or practices shall inform the PARC prior 
to the cessation of those activities or practices. 
 
SECTION 20. Provisional Authorization. – In all cases of application for authorization 
to construct a facility, if the PARC finds that, on the basis of the technical information and 
data so far made available to it, there is reasonable assurance that the proposed facility can 
be constructed and operated at the proposed location without undue risk to the health, 
safety, and security of the public and the environment, the PARC shall initially issue a 
provisional license to the applicant. Such a provisional authorization may be granted even 
if the information on health, safety, and security then available is less than would be needed 
for an authorization to operate provided that the PARC is satisfied that there is reasonable 
assurance that questions of health, safety, and security will be so resolved as to warrant 
the issuance of an authorization to operate the facility. The provisional authorization 
provided herein shall not exceed one (1) year. 
 
SECTION  21. Inspections and Enforcement. – 
 
(a) The PARC shall implement a system of inspection of nuclear and radiation 
facilities and transport, through regulations issued under this Act, to verify 
compliance with the applicable requirements and conditions of any authorization 
issued under Section 16. 
 
(b) The PARC shall implement a system of verification of the safety and security of 
nuclear and other radioactive material through safety and security assessments; 
monitoring and verification of compliance with any authorization issued under 
Section 16; inspections; and the maintenance of appropriate records by 
licensees. The verification system shall be provided for in the regulations issued 
under this Act. 
 
(c) Where the PARC has established that any person has committed a violation of 
relevant nuclear safety, security and safeguards regulations issued under this 
Act, the conditions of an authorization issued under Section 18, or other 
requirements that do not constitute a criminal offense under Sections 59 and 60 
of this Act, the PARC may impose by order any of the following penalties in 
conformity with the proceedings provided for in Section 23: suspension, 
modification, and revocation of authorization, or imposition of a civil monetary 
penalty. 
 
SECTION 22. Additional Requirements in Case of Nuclear Installation for 
Commercial Power. Exemptions. – Nothing in this Act shall be construed to exempt the 
operator of a nuclear facility designed primarily for the generation of electricity for 
commercial purposes, from complying with other requirements provided by existing laws, 


such as securing a franchise, a certificate of public convenience and necessity, obtaining 
approval for rates and services and others, from the appropriate agency having jurisdiction: 
Provided, however, that upon certification by the Commission, importations of nuclear fuel 
for use in these facilities shall be free from all taxes and duties in accordance with incentives 
under the pertinent provisions of RA 5186, Investment Incentives Act. 
 
SECTION 23. Suspension, Modification, and Revocation of Authorization. – Any 
authorization issued pursuant to this Act may be suspended, modified or revoked by the 
PARC in the event of a willful violation of its conditions, when circumstances in which the 
public interest, health, safety, or security so requires, when the conditions under which it 
was issued are no longer complied with, or in any circumstance that continued activities 
under the authorization shall pose an unacceptable risk to people or the environment: 
Provided, that the licensee shall have been accorded an opportunity to demonstrate or 
achieve compliance with the requirements. In all in2ances, the PARC shall provide 
information to the public on the procedures and requirement for suspension, modification, 
renewal, revocation, or relinquishment of authorizations. 
 
No authorization shall be transferred, assigned, encumbered, or in any manner 
disposed of, either voluntarily, or involuntarily, directly or indirectly, unless the PARC shall, 
a4er securing full information, find that such transfer, assignment, encumbrance, or other 
disposition is in accordance with the purposes and provisions of this Act and shall give its 
consent in writing. 
  
 
Upon the suspension, revocation, or expiration of an authorization which is not 
renewed, and pursuant to PARC order, the licensee shall be required to take such measures 
as may be necessary to protect the health and safety of the public — and the environment 
from the harmful effects of radiation and ensure security of radioactive material and facilities. 
 
Whenever practicable, the PARC may take temporary custody of any nuclear and 
other radioactive material and facilities held by the licensee pending their appropriate and 
lawful disposition by or for the licensee. 
 
ARTICLE IV 
 
RADIATION PROTECTION 
 
SECTION 24. Regulation to Ensure Radiation Safety. – 
 
(a) The PARC shall take the appropriate steps to ensure that: 
 
1. No activities or practices shall be authorized unless it produces sufficient 
benefit to the exposed person or to the society in a manner that offsets the 
radiation harm that it may cause; 
 
2. The magnitude of individual doses, the number of persons exposed, and the 
likelihood of incurring exposures shall all be kept as low as reasonably 
achievable, economic, and social factors being taken into account; and 
 
3. No individual shall be exposed to ionizing radiation doses which exceed 
prescribed national dose limits; 
 
(b) The PARC shall establish dose limits for persons that may not be exceeded in 
conducting activities under regulatory control; 
 


(c) The PARC shall identify sources or practices to be exempted from regulatory 
control; 
 
(d) The PARC shall establish clearance levels below which radioactive material 
within authorized activities and practices can be released from regulatory control; 
 
(e) The PARC shall maintain a national system for registration of licensees, 
registrants, imported and exported selected items, and ionizing radiation sources; 
 
(f) The PARC shall ensure that authorized facilities maintain a record of exposure of 
the public, patients, and of workers occupationally exposed to ionizing radiation 
at their work; and, 
 
(g) The PARC shall promulgate appropriate regulations, rules, orders and related 
guidelines to address all issues and concerns related to exposure to ionizing 
radiation from natural sources. 
 
SECTION 25. Responsibilities of Authorized Persons in Radiation Protection. – 
 
a) The authorized person shall bear the prime responsibility for ensuring the safety 
and security of the facility and of all activities and practices associated with it; 
 
b) Authorized persons shall ensure compliance with the requirements and dose 
limits established by the PARC and shall ensure that radiation doses to workers 
and the public, including doses from releases to the environment, are as low as 
reasonably achievable, taking into account social and economic factors; 
 
c) Persons authorized to conduct activities utilizing ionizing radiation for medical 
purposes shall ensure the overall patient protection and safety in the prescription 
of, and during the delivery of, medical exposures. 
 
ARTICLE V 
 
EMERGENCY PREPAREDNESS AND RESPONSE 
 
SECTION 26. Emergency Plan. – No authorization or license to conduct activities or 
practices, operate a facility or possess or use a source may be granted unless and until an 
appropriate emergency preparedness and response plan has been developed by the 
applicant and approved by the PARC. 
 
SECTION 27. Emergency Preparedness and Response. – The PARC shall: 
 
(a) Develop and maintain a national emergency plan for responding to potential 
nuclear or radiological emergencies; 
 
(b) Coordinate the task of the radiological emergency response organization of the 
PARC within the framework of the National Disaster Risk Reduction and 
Management Council (NDRRMC) of the Department of National Defense in the 
event of a nuclear and radiological emergency;  
 
(c) Provide for the activities of an emergency response center and for an international 
exchange of information on the radiation situation, consistent with the Philippines' 
obligations under the Convention on Early Notification of a Nuclear Accident and 
the Convention on Mutual Assistance in the Case of a Nuclear Accident or 
Radiological Emergency; and, 


(d) Define the radiation levels at which evacuation should be considered. 
 
ARTICLE VI 
 
TRANSPORT OF NUCLEAR AND OTHER RADIOACTIVE MATERIAL 
 
SECTION 28. Regulation in the Transport of Nuclear and Other Radioactive Material. 
– The PARC shall establish and implement safety and security requirements for the 
transport of nuclear and other radioactive material to, from and within the jurisdiction of the 
Philippines consistent with the International Atomic Energy Agency (IAEA) regulations for 
the safe and secure transport of radioactive material. 
 
SECTION. 29. Requirements for Authorization. – No person shall engage in the 
transport of radioactive material without an authorization issued by the PARC. 
 
ARTICLE VII 
 
IMPORT AND EXPORT OF NUCLEAR AND OTHER RADIOACTIVE MATERIALS 
 
SECTION 30. Export or Import Control. – The PARC shall establish regulatory 
requirements and relevant guides for the exportation and importation of nuclear and other 
radioactive materials which require licensees, inter alia: 
 
(a) To secure an authorization from the PARC prior to export or import with the 
assurance of applying safeguards and physical protection measures to protect 
public health, safety and security; 
 
(b) To ensure before import that the exporter has an authorization from the 
competent authority of the exporting country to export such materials to the 
Philippines in accordance with laws and regulations of that country; and 
 
(c) To ensure before export that the importing country has the appropriate technical 
and administrative capability, resources and regulatory infrastructure needed for 
the safe and secure management of the requested nuclear and other radioactive 
material, particularly disused sources. 
 
ARTICLE VIII 
 
MANAGEMENT OF SPENT NUCLEAR FUEL AND OTHER RADIOACTIVE WASTE 
 
SECTION 31. Regulation of Radioactive Waste and Spent Nuclear Fuel 
Management. – To ensure the safe and secure management of radioactive waste and spent 
fuel, the PARC shall establish: 
 
(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) A system of authorization of radioactive waste and spent fuel management 
activities; 
 
(c) A system of regulatory inspection, documentation, and reporting for radioactive 
waste and spent fuel management activities, and in the case of disposal, a system 
of institutional control; and, 
 


(d) A system of enforcement to ensure compliance with applicable regulations and 
the terms and conditions of authorizations for radioactive waste and spent fuel 
management activities. 
 
ARTICLE IX 
 
NUCLEAR SAFETY AND DECOMMISSIONING 
 
SECTION 32. Nuclear Safety. – 
 
(a) Any person who intends to construct or operate a nuclear installation or to 
conduct related activities shall obtain an authorization from PARC consistent with 
the terms of this Act and applicable regulations. 
 
(b) The PARC shall establish requirements for the regulatory control of nuclear 
installations to include the following: 
 
1. Regulations for siting, design, construction, commissioning, operation 
maintenance and decommissioning; 
 
2. Regulations for public information, management system and authorization of 
installation operators; 
 
3. Assessment and verification of safety and security by the facility operator and 
by PARC; 
 
4. Financial and human resources necessary to ensure safety and security; and, 
 
5. Human factors to be taken into account by the facility operator during the 
lifetime of the nuclear installation; 
 
SECTION 33. Responsibility of Authorized Person for Nuclear Safety. – The 
authorized person shall bear the prime responsibility for ensuring nuclear safety and 
security of nuclear installation and of all activities and practices associated with it. 
 
SECTION 34. Decommissioning of Nuclear Installation. – 
 
(a) The PARC shall establish requirement for the decommissioning of nuclear 
installations, including: 
 
1. Safety and environmental criteria, including conditions on the end state of the 
decommissioning; 
 
2. Limits and conditions for the removal of regulatory control for nuclear 
installations containing radionuclides; 
 
3. Regulations for the clearance of radioactive material during and following 
decommissioning. 
 
(b) The PARC shall ensure that relevant documents and records prepared by the 
facility operator are maintained for a specified period of time before, during and 
after decommissioning. 
 
 
 


SECTION 35. Decommissioning Plan. – 
 
(a) At the design stage of a nuclear installation, the applicant for authorization to 
construct and operate a nuclear installation shall prepare an initial 
decommissioning plan for approval by the PARC. The plan shall be 
commensurate with the type and status of the nuclear installation and the hazard 
that may be associated with the decommissioning. 
 
(b) The PARC shall require the facility operator to provide periodic reviews and 
updates of the decommissioning plan and shall specify the maximum time 
intervals between such reviews and updates. 
 
ARTICLE X 
 
SAFEGUARDS, PHYSICAL PROTECTION, AND SECURITY 
 
SECTION 36. Safeguards. – The PARC shall: 
 
(a) Maintain a system of accounting for and control of nuclear materials and establish 
requirements for accounting for and methods for control of nuclear material; 
 
(b) Fulfill the Philippines' obligation to the Non-Proliferation Treaty, the Safeguards 
Agreement, and related international treaties, conventions, agreements and 
protocols thereto; 
 
(c) Ensure unimpeded access by designated IAEA inspectors and duly authorized 
representatives of the Philippine government agencies to any location or facility 
provided for under the Safeguards Agreement and any protocols thereto, with a 
view to conducting the verification activities authorized by these instruments; and, 
 
(d) Ensure full cooperation and support to the IAEA by all national government 
agencies and authorized persons in the application of safeguards measures. 
 
SECTION 37. Physical Protection and Security of Nuclear and Other Radioactive 
Material. – The PARC: 
 
(a) Have the authority to issue regulations, rules and orders under this Act to 
implement effective measures to prevent, detect, and respond to unauthorized 
acts involving nuclear and other radioactive material that may cause injury to 
persons, property or the environment in the Republic of the Philippines or 
otherwise jeopardize national security; 
 
(b) Establish requirements under the regulations issued under this Act for the 
physical protection of nuclear material, and shall fulfill the Republic of the 
Philippines' obligations as a party to the Convention on the Physical Protection of 
Nuclear Material, the Amendment thereto, and other international treaties and 
conventions; 
 
(c) Have the authority under this Act to issue regulations, rules and orders for the 
protection of individuals, society and the environment from the deleterious effects 
of radioactive sources; 
 
(d) Have the authority under this Act to coordinate with the relevant agencies of 
government and seek international cooperation to effectively implement these 
security measures. 


ARTICLE XI 
 
ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW 
 
SECTION 38. Notice and Conduct of Hearing. – In any proceeding under this Act for 
the grant, suspension, revocation or amendment of any authorization, or upon the issuance 
of an order, the PARC shall hold a hearing upon the request of any person whose interest 
may be affected and shall admit such person as a party to the proceeding. 
 
The hearings of the PARC may be open to the public and relevant stakeholders, 
except where warranted by considerations of security, national defense or proprietary 
manners. 
 
Except in cases where immediate action is required in order to protect the health and 
safety of the public or the national interest, no order issued under Section 23 shall become 
elective until a4er the licensee has had notice for a hearing and opportunity to be heard. 
 
Where an order suspending, revoking, or modifying an authorization or an order 
issued under Section 23 is made elective without prior notice for a hearing and opportunity 
to be heard, the order shall only be temporary pending the hearing and issuance of the 
PARC's final decision in the proceeding. 
 
SECTION 39. Orders and Decisions. – All orders and decisions of the PARC shall 
be in writing, stating clearly and distinctly the facts and issues involved and the reasons on 
which the PARC's order or decision is based, and shall be made available to the public. 
 
SECTION 40. Judicial Review. – The Court of Appeals is hereby given the power of 
judicial review over any final order or decision of the PARC rendered under Section 34 and 
shall modify or set aside such order or decision when it clearly appears that there was no 
evidence before the PARC to support reasonably such order or decision, or that the same 
is contrary to law. Any such final decision or order may be reviewed by the Court of Appeals 
on the application of any party or other person affected thereby, by certiorari in appropriate 
cases, or by petition for review, in accordance with the Rules of Court, within such period 
as the PARC may rule or prescribe but not exceeding thirty (30) days from notice of such 
order or decision. An appeal shall not suspend the grant of authorization but shall maintain 
the suspension or revocation of authorization until after the final disposition of the appeal 
by the Court of Appeals, unless said Court determines otherwise. Only questions of law on 
such order or decision may be reviewed by the Supreme Court. 
 
  
SECTION 41. Notice of Reputation. – No regulation adopted by the PARC shall be 
effective less than fifteen (15) days after publication of the regulation in any newspaper of 
general circulation, except, that if the PARC finds that the health, safety, and security or the 
national interest requires, the regulation may be made effective immediately upon 
publication in the Official Gazette, or in a newspaper of general circulation or upon furnishing 
copies of the regulation to the persons affected. 
 
SECTION 42. 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 
PARC shall be admitted as evidence in any suit or action for damages growing out of any 
matter mentioned in such report. 
 
 
 
 
 


ARTICLE XII 
 
CIVIL LIABILITY FOR NUCLEAR AND RADIATION DAMAGE 
 
SECTION 43.  The Operator Liability. – 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: 
 
1. Before liability with regard to nuclear incidents involving the nuclear material 
has been assumed, pursuant to the express terms of a contract in writing, by 
another installation operator; 
 
2. 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: 
 
1. After liability with regard to nuclear incidents involving the nuclear material has 
been assumed by him, pursuant to the express terms of a contract in writing, 
from another installation operator; or 
 
2. In the absence of such express terms, after the operator has taken charge of 
the nuclear material: Provided, that if nuclear damage is caused by a nuclear 
incident 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 accident involving nuclear material in the course of 
carriage: 
 
1. To a nuclear installation located in the territory of a state not party to an 
international convention on civil liability for nuclear damage to which the 
Philippines is a party; or 
 
2. To international transport between the Philippines and an operator in another 
Contracting Party to the Vienna Convention. 
 
(e) For the purpose of this Act, whenever both nuclear damage and damage other 
than nuclear damage have been caused by a nuclear incident or jointly by a 
nuclear incident and one or more other occurrences, such other damage shall, to 
the extent that it is not reasonably separable from the nuclear damage be deemed 
to be nuclear damage caused by that nuclear incident. Where, however, damage 
is caused jointly by nuclear incident covered by this Section and by an emission 
of ionizing radiation not covered by it, nothing in this Section shall limit or 
otherwise affect the liability, either as regards any persons suffering nuclear 


damage or by way of recourse or contribution, of any person who may be held 
liable in connection with that emission of ionizing radiation. 
 
SECTION 44. Absolute and Exclusive Liability. – 
 
(a) The liability of the installation operator for nuclear damage shall be absolute; 
 
(b) The installation operator shall not be liable for nuclear damage caused by a 
nuclear incident directly due to a grave natural disaster of an exceptional 
character; and, 
 
(c) Except as otherwise provided in this Act, no person other than the installation 
operator shall be liable for nuclear damage. 
 
SECTION 45. Recourse Actions. – The installation operator shall have a right of 
recourse only: 
 
(a) If there is such a right pursuant to the express provision of a written contract with 
the other installation operator; or, 
 
(b) If the nuclear incident results from an act or omission done with intent to cause 
damage, against the individual who has acted or omitted to act with such intent. 
 
SECTION 46. Gross Negligence or Intentional Act of Claimant. – If the nuclear 
damage resulted wholly or partly either from the gross negligence of the person suffering 
the damage or from an act or omission of such person done with intent to cause damage, 
the Court may relieve the installation operator from the obligation to pay compensation in 
respect of the damage suffered by such person. 
 
SECTION 47. Exceptions to Liability. – An installation operator shall not be liable for 
any nuclear damage caused by a nuclear accident directly due to an act of armed conflict, 
hostilities, civil war or insurrection. 
 
SECTION 48. Limit of Liability. – The liability of the installation operator for nuclear 
damage under this Act shall be limited to an amount in Philippine pesos which is equivalent 
to 300 million Special Drawing Rights (SDRs) or roughly equivalent to 400 million US 
dollars, for any one nuclear incident, exclusive of interest or costs which may be awarded 
by the Court in actions for compensation of such nuclear damage. The amount may be 
subject to change, as determined by the PARC, in accordance with international 
conventions ratified by the Philippines. 
 
  
SECTION 49. Exemption from Liability. – The installation operator shall not be liable 
under this Act for nuclear damage: 
 
(a) To the nuclear installation itself or to any property on the site of that installation 
which is used or to be used in connection with that installation; or 
 
(b) To the means of transport upon which the nuclear material involved was located 
at the time of the nuclear incident. 
 
SECTION 50. Exclusions. – The PARC 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 in this Article XI: Provided, that (a) maximum limits for 
the exclusion of such quantities have been established by the Board of Governors of the 


International Atomic Energy Agency; and (b) any exclusion must be within the limits so 
established. 
 
SECTION  51. Certificate to Carrier. – In accordance with such regulations as the 
PARC may issue, the appropriate installation operator shall provide the carrier, which 
furnishes carriage of nuclear material, with a certificate issued by or on behalf of the insurer 
or other financial guarantor furnishing the financial security. 
 
SECTION. 52. Liability of Several Installation Operators. – Where nuclear damage 
engages the liability of more than one installation operator, the following rules shall apply: 
 
(a) In so far as damages attributable to each installation operator are not reasonably 
separable, the installation operators involved shall be jointly and severally liable; 
 
(b) In case the nuclear incident occurs in the course of carriage of nuclear material, 
either in one and the same means of transport, or, in the case of storage 
incidental to the carriage, in one and the same nuclear installation and causes 
nuclear damage which engages the liability of more than one installation operator, 
the total liability shall not exceed the highest amount applicable with respect to 
any one of them pursuant to Section 43 of this Act; and 
 
(c) In neither of the cases referred to in paragraphs (a) and (b) of this Section shall 
the liability of any one installation operator exceed the amount established in 
Section 44 hereof. 
 
SECTION 53. Operator of Several Installations. – Subject to the provisions of Section 
47, 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 43. 
 
SECTION 54. Carrier or Handler of Nuclear Material as Installation Operator. – The 
PARC, subject to such terms and conditions as it may by regulation or order prescribe, 
designate a carrier of nuclear material or a person handling radioactive waste, upon the 
carrier's request and with the consent of the installation operator concerned, as installation 
operator in the place of the installation operator in respect of such nuclear material or 
radioactive waste respectively. Upon such designation, such carrier or such person shall be 
considered as an installation operator for the purpose of this Section. 
 
SECTION 55. Court Having Jurisdiction. – The Regional Trial Court having 
jurisdiction over the place where the nuclear incident occurs shall have jurisdiction to 
determine claims for compensation for such nuclear damage under this Act. 
 
SECTION 56. Intervention of PARC in Court Proceedings. – When, after the 
occurrence of a nuclear incident, it appears that the Government will have to pay indemnity, 
the Court having jurisdiction over the claims for compensation arising from the nuclear 
incident, shall allow the PARC, upon its petition, to intervene in the proceedings with respect 
to technical issues, at any time before final judgment. 
 
SECTION 57. Compulsory Processes. – After the occurrence of a nuclear incident 
for which it appears compensation may be payable under this Act, the PARC may adopt 
such measures as may be appropriate to determine the persons who were or might have 
been exposed to ionizing radiation resulting from such nuclear incident, which measures 
may include a summons to such persons to submit themselves to examination before such 
authority or body as shall be designated by the PARC within three (3) months from the date 
of summons. In determining the amount of damages or the right to recover damages, the 


Court may, in its discretion, take into account the inexcusable failure of the claimant to fulfill 
or comply with the foregoing obligation. 
 
SECTION 58. Investigation of Nuclear incidents. – The PARC shall make an 
investigation of the cause and extent of any nuclear incident for which it appears 
compensation may be payable under this Act and its finding shall be made available to the 
public, to the parties involved and to the Courts. 
 
ARTICLE XIII 
 
TRANSITORY PROVISIONS 
 
 
SECTION 59. The Philippine Nuclear Research Institute. – 
 
(a) The regulatory function of the Philippine Nuclear Research Institute (PNRI) is 
hereby transferred to the PARC; 
 
(b) The development, promotion and use of nuclear energy for peaceful applications 
shall remain the responsibility of the Institute, whereupon the Director of the 
Institute shall, in coordination with the Department of Budget and Management 
(DBM), draw up its new organizational structure in accordance with the Civil 
Service Law, rules and regulations; 
 
(c) 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 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; 
 
(d) Under this Act, the PNRI shall be allowed to use 100% of its income to augment 
and hire additional human resources and upgrade its facilities; 
 
(e) The regulatory functions of the PNRI which were inherited from the former 
Philippine Atomic Energy Commission (PAEC) by virtue of Republic Act No. 2067, 
as amended by R.A. 3589 and Republic Act No. 5207, as amended by P.D. 1484, 
Executive Order No.128 and Executive Order No.366 are deemed transferred to 
the PARC; and, 
 
(f) All regulatory issuances such as regulations, rules, orders previously established 
by the PNR shall remain in force until superseded by the PARC. 
 
SECTION 60. The Center for Device Regulation, Radiation, Health, and Research. 
– 
 
(a) The regulatory functions of the Center for Device Regulation, Radiation, Health 
and Research (CDRRHR) of the Department of Health (DOH) over devices 
generating ionizing radiation by virtue of Republic Act No. 9711 otherwise known 
as “The Food and Drug Administration Act of 2009”, are deemed transferred to 
the PARC; 
 
(b) The administrative supervision of the CDRRHR shall remain with the DOH; and, 
 
(c) All regulations, rules, orders pertaining to ionizing radiation previously established 
by the CDRRHR shall remain in force until superseded by the PARC. 


 
SECTION 61. Human Resources. – All plantilla positions of the Nuclear Regulatory 
Division of the PNRI-DOST are hereby transferred to the PARC. 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 PARC. All plantilla 
positions of the Radiation Regulation Division of the Center for Device Regulation, 
Radiation, Health and Research (CDRRHR) of the DOH which have responsibilities solely 
in ionizing radiation regulation are also hereby transferred to the PARC. Thereafter, all 
powers, functions and duties, records, files, and assets of these organizational units shall 
be transferred to the PARC. 
 
The Government Reorganization Act or Republic Act No. 6656 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 PARC. 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 PARC shall be entitled to the same allowances and benefits as the 
transferred employees. 
 
The PARC shall draw up its organizational structure with the necessary qualification 
requirements and standards in accordance with the Civil Service Law, rules and regulations 
for evaluation and approval of the DBM upon submission to the DBM. 
 
SECTION 62. Magna Carta for Science and Technology Personnel. – Qualified 
employees of the PARC and its attached units shall be covered by Republic Act No. 8439, 
known as the Magna Carta for Scientists, Engineers, Researchers and other science and 
technology personnel in the government. 
 
SECTION 63. Signed Conventions. – To take cognizant on the pending conventions 
signed by the Philippine Government such as the Amendment to the Convention on 
Physical Protection of Nuclear Materials, International Convention on the Suppression of 
Acts of Nuclear Terrorism, Convention on Nuclear Safety and Joint Convention on the 
Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. 
 
ARTICLE XIV 
 
PENAL PROVISIONS 
 
SECTION 64. Violation of Specific Provisions of the Act. – Any person who willfully 
violates, attempts to violate, or conspires to violate, any provision of Section 17 of this Act 
shall upon conviction thereof, suffer the penalty of imprisonment of not more than five (5) 
years or a fine ranging from one million pesos (PHP 1,000,000.00) to five million pesos 
(PHP 5,000,000.00) or both. 
 
SECTION 65. Violation of Other Provisions of this Act. – Any person who shall 
willfully violate, attempt to violate, or conspire 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 XV 
 
FINAL PROVISIONS 
 
SECTION 66. Appropriations. – The amount necessary to cover the initial 
implementation of this Act shall be charged against the current year's appropriations of the 
Nuclear Regulatory Division of the PNRI and the Radiation Regulation Division of the 
CDRRHR responsible in ionizing radiation regulation. Thereafter, such sums as may be 
necessary for the continued implementation of this Act shall be included in the annual 
General Appropriations Act. 
 
 
In addition, the PARC is authorized to receive contributions, grants, bequests, 
contributions, and donations, in cash or in kind, whether from local of foreign sources: 
Provided, that acceptance of grants, bequests, contributions and donations from foreign 
government shall be subject to the approval of the President of the Philippines upon the 
recommendation of the Commissioner of the PARC and the Secretary of the Department of 
Foreign Affairs (DFA). 
 
SECTION 67. Implementing Rules and Regulations. – The PARC, in consultation 
with the DOST, DBM and the CSC shall issue within one hundred eighty (180) days, the 
rules and regulations necessary to implement the provisions of this Act. 
 
SECTION 68. Repealing Clause. – If found inconsistent with this Act, be pertinent 
provisions of Republic Act No. 2067 as amended by RA 3589, otherwise known as the 
Science Act of 1958, Republic Act No. 5207 as amended by PD1404, otherwise known as 
the Atomic Energy Regulatory and Liability Act of 1960, Republic Act No. 9711 otherwise 
known as the Food and Drug Administration Act of 2009, Executive Order No. 128 Series 
of 1987 on Reorganizing the National Science and Technology Authority are hereby 
repealed. All other laws, executive orders, proclamations, rules, regulations, and other 
issuances or parts thereof which are inconsistent with the provisions of this act are hereby 
repealed or amended accordingly. 
 
SECTION 69. Separability Clause. – If any provision of this Act shall be declared 
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full 
force and effect. 
 
SECTION 70. Effectivity. – This Act shall take effect fifteen (15) days from its 
publication in the Official Gazette or in a newspaper of general circulation. 
 
 
Approved,