Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No.3 75

Introduced by REPRESENTATIVE MARK 0. COJUANGCO

AN ACT
GOVERNING CIVIL LIABILITY AND COMPENSATION CLAIMS FOR NUCLEAR
DAMAGE, REPEALING FOR THE PURPOSE CERTAIN SECTIONS OF REPUBLIC
ACT NO. 5207, OTHERWISE KNOWN AS THE “ATOMIC ENERGY REGULATORY
AND LIABILITY ACT OF 1968”, AS AMENDED!

EXPLANATORY NOTE

‘The existing nuclear liability law in the Philippines, Republic Act No. 5207
(otherwise known as the “Atomic Energy Regulatory and Liability Act of 1968”)
encourages, supports, and facilitates the advancement and utilization of atomic energy
for all peaceful purposes, encompassing the establishment and operation of atomic
energy facilities and atomic energy materials, subject to regulations. Given that more
than five decades have passed since its enactment, it is evident that it requires updating
to align with modem principles and intemational standards in the field of nuclear
liability.

The Philippines is currently a contracting party to the 1963 Vienna Convention
on Civil Liability for Nuclear Damage. The country is also a signatory to the 1997
Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage (the
“1997 Vienna Convention”), the Joint Protocol Relating to the Application of the
Vienna Convention and the Paris Convention (the “Joint Protocol”) and the Convention
on Supplementary Compensation (the “CSC"), however, ratification of these
conventions remain pending.

This bill seeks to establish a modern nuclear liability regime in the Philippines
and, therefore, repeals the provisions outlined in Part VII of Republic Act 5207. The
bill has been drafted based on the principles of nuclear liability found in the 1997
Vienna Convention. The bill also establishes provisions necessary for the Philippines
to become a contracting party to the CSC, including mechanisms for contributing to and
accessing pooled public funds. It includes key provisions on strict liability channeled to
the nuclear power plant operator, liability caps, availability of compensation for nuclear

This bill has been approved on Third Reading by the House of Representatives during the 19% Congress.


damage, establishment of a Claims Handling Tribunal, and exclusive jurisdiction for
claim resolutions.

Moreover, the bill aims to introduce a three-tier funding system that
‘encompasses operator funds, Philippine Government-appropriated funds and CSC joint
public funds, ensuring adequate compensation for nuclear damage.

By ensuring that the Philippines has a robust, comprehensive, and effective
nuclear liability regime that provides clarity, fairness, and adequate compensation, the
country will demonstrate its commitment to upholding international best practices,
complying with relevant international conventions, fostering cooperation with nuclear
technology vendors, and enabling the safe and responsible growth of the country’s
nuclear energy program.

Predictability and consistency in Nuclear Liability consequences are key pillars
in making the Philippines attractive for nuclear investors, vendors, vendor countries, as
well as the public and private international financing which accompanies these
industries.

In view of the foregoing, passage of this bill is fervently sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. _375

Introduced by REPRESENTATIVE MARK 0. COJUANGCO

AN ACT
GOVERNING CIVIL LIABILITY AND COMPENSATION CLAIMS FOR
NUCLEAR DAMAGE, REPEALING FOR THE PURPOSE CERTAIN
SECTIONS OF REPUBLIC ACT NO. 5207, OTHERWISE KNOWN AS THE
“ATOMIC ENERGY REGULATORY AND LIABILITY ACT OF 1968”,
AS AMENDED

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

ARTICLE 1
PURPOSE AND DEFINITIONS

SECTION 1. Short Title. - This Act shall be known as the “Philippine
Nuclear Liability Act”, referred to herein as the “Act”.

SEC. 2. Purpose. - This Act shall govern the civil liability and
compensation for nuclear damage in case of a nuclear incident occurring in the
territory, territorial sea or exclusive economic zone of the Philippines or during
carriage of nuclear material for which the operator is liable in accordance with
this Act and the relevant conventions.

It shall be the policy of the State to ensure that legal frameworks for civil
liability and compensation for nuclear damage shall be consistent with the
Philippines’ international commitments in relevant conventions, the obligations
in which the Philippines shall implement.

SEC. 3. Definition of Terms. — As used in this Act:


(a) Convention on Supplementary Compensation means the Convention on
Supplementary Compensation for Nuclear Damage of 12 September 1997 and any
amendment thereto if such amendment is in force for the Republic of the
Philippines;

(b) Installation State, in relation to a nuclear installation, means the
Contracting Party within whose territory that installation is situated or, if it is
not situated within the territory of any State, that Contracting Party by which or
under the authority of which the nuclear installation is operated;

(©) Measures of reinstatement means any reasonable measures which have
been approved by the competent authorities of the State where the measures were
taken, and which aim to reinstate or restore damaged or destroyed components
of the environment, or to introduce, where reasonable, the equivalent of these
components into the environment, provided that the law of the State where the
damage is suffered shall determine who is entitled to take such measures;

(a) Nuclear damage means:

(1) Loss of life or personal injury;

(2) Loss of or damage to property;

and each of the following to the extent determined by the law of the

competent court:

(3) Economic loss arising from loss or damage referred to in Section 3(d)
(1) or 3(4)(2), insofar as not included in those subsections if incurred
by a person entitled to claim in respect of such loss or damage:

(4) The 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 as not included in
Section 3(4)(2);

(5) 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
Section 3(d)(2);

(6) The costs of preventive measures, and further loss or damage caused

by such measures; and


(7) Any other economic loss, other than any caused by the impairment
of the environment, if permitted by the general law on civil liability
of the competent court.

In the case of Section 3(d)(1) to Section 3(d)(5) and Section 3(d)(7) above, to the
extent that the loss or damage arises out of or results from ionizing radiation
emitted by any source of radiation inside a nuclear installation, or emitted from
nuclear fuel or radioactive products or waste in, or of nuclear material coming
from, originating in, or sent to, a nuclear installation, whether so arising from the
radioactive properties of such matter, or from a combination of radioactive
properties with toxic, explosive, or other hazardous properties of such matter;

(©) Nuclear fuel means any material which is capable of producing energy by
a self-sustaining chain process of nuclear fission;

(f) Nuclear incident means 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;

(g) Nuclear installation means:

(1) Any nuclear reactor other than one with which a means of sea or air
transport is equipped for use as a source of power whether for
propulsion thereof or for any other purpose;

(2) Any factory using nuclear fuel for the production of nuclear material,
or any factory for the processing of nuclear material, including any
factory for the re-processing of irradiated nuclear fuel;

(3)Any facility where nuclear material is stored, other than storage
incidental to the carriage of such material; and

(4) Such other installations in which there are nuclear fuel or
radioactive products or waste as the Board of Governors of the
International Atomic Energy Agency shall from time to time
determine and, based on such determination, as subsequently
confirmed by PhilATOM:

Provided, That several nuclear installations of one operator which are located at

the same site shall be considered as a single nuclear installation.


(h) Nuclear material means:

(1) Nuclear fuel, other than natural uranium and depleted uranium,
capable of producing energy by a self-sustaining chain process of
nuclear fission outside a nuclear reactor, either alone or in
combination with some other material; and

(2) Radioactive products or waste.

(i) Nuclear reactor means any structure containing nuclear fuel in such an
arrangement that a self-sustaining chain process of nuclear fission can occur
therein without an additional source of neutrons;

() Operator, in relation to a nuclear installation, means the person
designated or recognized by the installation state as the operator of that
installation: Provided, That with respect to a nuclear installation in the territory
of the Republic of the Philippines, such operator is designated or recognized by
the PhilATOM as the authorized party;

(k) Person means any individual, partnership, any private or public body
whether corporate or not, any international organization enjoying legal
personality under the law of the installation state, and any State or any of its
constituent sub-divisions;

(1) PhilATOM means the Philippine Atomic Energy Regulatory Authority,
otherwise known as “PhilATOM” or its subsequent statutory successor;

(m) Preventive measures means any reasonable measures taken by any
person after a nuclear incident has occurred to prevent or minimize damage
referred to in Section 3(d)(1) to Section 3(d)(5) or Section 3(d)(7), subject to any
approval of the competent authorities required by the law of the State where the
measures were taken;

(n) Radioactive by-products or waste means any radioactive material
produced in, or any material made radioactive by exposure to the radiation
incidental to, the production or utilization of nuclear fuel, but does not include
radioisotopes which have reached the final stage of fabrication so as to be usable

for any scientific, medical, agricultural, commercial, or industrial purpose;


(0) Reasonable measures means measures which are found under the law
of the competent court to be appropriate and proportionate, having regard to all
the circumstances, such as:

(1) The nature and extent of the damage incurred or, in the case of
preventive measures, the nature and extent of the risk of such
damage;

(2) The extent to which, at the time they are taken, such measures are
likely to be effective; and

(8) Relevant scientific and technical expertise;

(p) Relevant Conventions means the international conventions governing
third party liability for nuclear damage to which the Philippines is a Contracting
Party;

(q) Special Drawing Right or SDR means the unit of account defined by
the International Monetary Fund and used by it for its own operations and
transactions; and

(t) Vienna Convention means the Vienna Convention on Civil Liability for
Nuclear Damage of 21 May 1963, as amended by the Protocol to Amend the
Vienna Convention on Civil Liability for Nuclear damage of 12 September 1997
and any amendment thereto if such amendment is in force for the Republic of the
Philippines.

For the purposes of this Act, any term that is defined in paragraph 1 above,
as well as any term that is not defined in paragraph 1 above, shall be applied in
a manner consistent with the use of that term in the relevant convention in the
relevant context.

ARTICLE 2
EXCLUSIONS

SEC. 4. Exclusion of Nuclear Installations or Small Quantities. —
The PhilATOM may, if the small extent of the risks involved so warrants, exclude
any nuclear installation or small quantities of nuclear material from the
application of the provisions of this Act: Provided, That

(a) With respect to nuclear installations, criteria for such exclusion have

been established by the Board of Governors of the Internationa] Ato


Energy Agency and the PhilATOM issues a determination that any
exclusion satisfies such criteria; and
(b) With respect to small quantities of nuclear material, maximum limits
for the exclusion of such quantities have been established by the Board
of Governors of the International Atomic Energy Agency and the
PhilATOM issues a determination that any exclusion is within such
established limits.
ARTICLE 3
OPERATOR LIABILITY
SEC. 5. The Liable Operator. - In accordance with the relevant
conventions, the operator of a nuclear installation shall be liable for nuclear
damage upon proof that such damage has been caused by a nuclear incident:
(a) In such nuclear installation; or
(b) Involving nuclear material coming from or originating in such 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 the operator of another nuclear installation;

(2) In the absence of such express terms, before the operator of another
nuclear installation has taken charge of the nuclear material; or

(3) Where the nuclear material is intended to be used in a nuclear reactor
with which a means of transport is equipped for use as a source of
power, whether for propulsion thereof or for any other purpose, before
the person duly authorized to operate such reactor has taken charge
of the nuclear material; but

(4) Where the nuclear material has been sent to a person within the
territory of a non-Contracting State, before it has been unloaded from
the means of transport by which it has arrived in the territory of that
non-Contracting State;

(©) Involving nuclear material sent to such nuclear installation, and

occurring:


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

(2) In the absence of such express terms, after the operator has taken
charge of the nuclear material; or

(8) After the operator has taken charge of the nuclear material from a
person operating a nuclear reactor with which a means of transport is
equipped for use as a source of power, whether for propulsion thereof
or for any other purpose during transport; but

(4) Where the nuclear material has, with the written consent of the
operator, been sent from a person within the territory of a non-
Contracting State, only after it has been loaded on the means of
transport by which it is to be carried from the territory of that State:

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 Section 5(a) shall not apply where
another operator or person is solely liable pursuant to the provisions of Section
5(b) or Section 5(©).

SEC. 6. Carrier or person as Operator. - Upon the request of a carrier
of nuclear material or a person handling radioactive waste and with the consent
of the operator concerned, the PhilATOM may designate or recognize such carrier
or person as operator in place of such operator in respect of such nuclear material
or radioactive waste: Provided, That such designation or recognition shall be
subject to such terms and conditions as the PhilATOM may by regulation or order
prescribe. In this case, such carrier or person shall be considered, for all purposes
of this Act, as an operator of a nuclear installation situated within the territory
of the Republic of the Philippines.

SEC. 7. Liability of More Than One Operator. - Where nuclear damage
engages the liability of more than one operator, the operators involved shall, in

80 far as the damage attributable to each operator is not reasonably separable, be

”

jointly and severally liable.


Where a 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 operator, the total
liability shall not exceed the highest amount applicable with respect to any one
of them pursuant to Section 16 hereof.

In neither of the cases referred to in this Section shall the liability of any
one operator exceed the amount applicable with respect to such operator pursuant

to Section 16 hereof.

SEC. 8. Liability of One Operator for Several Nuclear Installations.
~ Subject to the provisions of Section 7, where several nuclear installations of one
and the same operator are involved in one nuclear incident, such operator shall
be liable in respect of each nuclear installation involved up to the amount
applicable with respect to such operator pursuant to Section 16 hereof.

SEC. 9. Absolute and Exclusive Liability of Operator. - The liability
of the operator for nuclear damage shall be absolute.

Except as otherwise provided for in this Act, no person other than the
operator shall be liable for nuclear damage.

SEC. 10. Operator Liability for Natural Disaster. - The operator shall
be liable for nuclear damage caused by a nuclear incident directly or indirectly due
to a grave natural disaster of an exceptional character.

SEC. 11, Armed Conflict Exclusion. - No liability shall attach to an
operator for nuclear damage caused by a nuclear incident directly due to an act
of armed conflict, hostilities, civil war, or insurrection.

SEC. 12, Relief in Cases of Gross Negligence or Intentional Act. - If
the operator proves that 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 competent court may relieve
the operator wholly or partly from its obligation to pay compensation in respect of

the damage suffered by such person.


SEC. 13. Damage Deemed Nuclear Damage. ~ 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, for the purposes of this Act, to be nuclear damage
caused by that nuclear incident. Where, however, damage is caused jointly by a
nuclear incident covered by the provisions of this Act and by an emission of
ionizing radiation not covered by it, nothing in this Act shall limit or otherwise
affect the liability, either as regards any person 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. 14. Property for which Operator is Not Liable. - The operator
shall not be liable under this Act for nuclear damage:

(a) To the nuclear installation itself and any other nuclear installation,
including a nuclear installation under construction, on the site where that
installation is located;

(b) To any property on that same site which is used or to be used in
connection with any such installation; and

(© To the means of transport upon which the nuclear material involved
was at the time of the nuclear incident.

SEC. 15. Exercise of Right to Compensation. - Subject to the provisions
of this Act, any person may bring a claim for compensation for nuclear damage.

The right to compensation for nuclear damage may be exercised only
against the operator liable or person furnishing financial security pursuant to
this Act.

ARTICLE 4
LIABILITY LIMITS AND FINANCIAL SECURITY

SEC. 16. Operator Liability Limit. - The liability of a Philippine
operator under this Act for any one nuclear incident is limited to an amount in
Philippine pesos equivalent to three hundred million (300,000,000) SDRs.


Notwithstanding paragraph 1 of this Section, the PhilATOM, having
regard to the nature of the nuclear installation or the nuclear substances
involved and to the likely consequences of an incident originating therefrom, may
establish a lower limit of liability of the operator: Provided, That:

(a) In no event shall any amount so established be less than an amount in

Philippine pesos equivalent to Five million (5,000,000) SDRs; and

(b) In such a case Section 19 applies.

‘The amounts established by this Section shall apply wherever the nuclear
incident occurs and the Philippine operator is liable.

The amounts established by this Section are exclusive of any interest or

costs which may be awarded by the competent court.

SEC. 17. Minimum Financial Security. — Under this Act, the operator
shall be required to maintain insurance or other financial security covering its
liability for nuclear damage in the amount established by Section 16.

Nothing in this Act shall be construed to require the National Government
or any government agency or instrumentality operating a nuclear installation to
maintain insurance or other financial security to cover their liability as operators.

SEC. 18. Type and Terms of Financial Security. - The PhilATOM shall
prescribe by regulation or order the type and terms of the required financial
security: Provided, That in so prescribing, the PhilATOM shall be guided by the
objectives of assuring adequate and effective compensation to victims of a nuclear
incident without imposing an unreasonable burden on the operator.

SEC. 19. Government Satisfaction of Claims. - The Government shall
ensure the payment of claims for compensation for nuclear damage which have
been established against the operator:

(a) to the extent that the yield of financial security is inadequate to satisfy

such claims;

(b) if the PhilATOM has established a lower limit of the operator's liability

in accordance with paragraph 2 of Section 16; or

(© if the Government or any government agency or instrumentality is the

operator,


in all cases, up to the limit provided for in paragraph 1 of Section 16.

SEC. 20. Equitable Distribution. - Compensation for nuclear damage
under Section 16, including any Government satisfaction of claims under Section
19, shall be available to compensate nuclear damage wherever suffered and shall
be distributed equitably without discrimination on the basis of nationality,
domicile, or residence.

SEC. 21. Exclusive Use of Funds. - The funds provided by insurance, by
other financial security pursuant to Section 17 and 18, or by the Government
pursuant to Section 19, shall be exclusively available for compensation due under
this Act.

SEC. 22. Carrier to be Furnished with Certificate. - The operator
liable in accordance with this Act shall provide the carrier with a certificate issued
by or on behalf of the insurer or other financial guarantor furnishing the financial
security required pursuant to Sections 17 and 18.

The certificate shall:

(a) State the name and address of such operator and the amount, type, and
duration of security, and these statements may not be disputed by the person by
whom or on whose behalf the certificate was issued;

(b) Indicate the nuclear material in respect of which the security applies;
and

(©) Include a statement by the PhilATOM, or, with respect to nuclear
material coming from another Contracting Party the competent authority of such
Contracting Party, that the person named is an operator within the meaning of
the relevant convention.

The PhilATOM may exclude the obligation in paragraph 1 of this section
in relation to carriage which takes place wholly within the territory of the
Republic of the Philippines.

SEC. 23. Notice of Suspension or Cancellation by Insurer. - No
insurer or other financial guarantor shall suspend or cancel the insurance or

other financial security provided pursuant to Sections 17 and 18:



(a) Without giving notice in writing of at least two (2) months to the
PhilATOM;
or

(b) In so far as such insurance or other financial security relates to the

carriage of nuclear material, during the period of the carriage in question.

ARTICLE 5

CONVENTION ON SUPPLEMENTARY COMPENSATION
PUBLIC FUNDS

SEC. 24, Public Funds from Contracting Parties to Convention on
Supplementary Compensation. - Any public funds contributed by Contracting
Parties to the Convention on Supplementary Compensation above the operator's
liability limit in paragraph 1 of Section 16 shall:

(a) Be available to compensate nuclear damage which is suffered in the
territory of a Contracting Party to the Convention on Supplementary
Compensation and other locations identified by Article V of the Convention on
Supplementary Compensation; and

(b) Subject to the provisions of the Convention on Supplementary
Compensation, be distributed equitably without discrimination on the basis of

nationality, domicile, or residence.

SEC. 25. Reimbursement of Public Funds. - If a call for public funds is
made by a Contracting Party to the Convention on Supplementary Compensation
in accordance with Article III(1)(b) and for which the Republic of the Philippines
is required to contribute funds in accordance with Article IV of the Convention on
Supplementary Compensation, operators of nuclear installations in the territory
of the Republic of the Philippines shall reimburse the Government with respect
to such funds: Provided, That:

(a) Reimbursement shall be called on by the Government only after the
later of:

(1) The installation of 7,500 MWth of nuclear capacity in the territory
of the Republic of the Philippines; and
(2) The year 2035; and


() An operator's pro rata contribution shall be determined based on the
percentage of its installed nuclear capacity out of the total installed nuclear
capacity in the Republic of the Philippines at the time of the relevant nuclear
incident.

The PhilATOM shall by regulation or order determine any additional

provisions with respect to such reimbursement.

ARTICLE 6
ADDITIONAL PUBLIC FUNDS

SEC. 26. Report to Congress Regarding Additional Public Funds. -
In any case where it appears that the nuclear damage caused by a nuclear
incident exceeds or will probably exceed both the limit of liability established in
paragraph 1 of Section 16 and the contributions to be provided by Contracting
Parties to the Convention on Supplementary Compensation in accordance with
Article III(1)(b), the PhilATOM shall furnish a report to Congress with its
recommendations, including any recommendations for the appropriation of

additional funds from Congress to provide compensation for nuclear damage.

SEC. 27. Limit on Compensation by Public Funds. ~The Government
may determine limits on compensation paid from any additional funds
appropriated by Congress pursuant to Section 26.

ARTICLE 7
PERIOD OF EXTINCTION

SEC. 28. Period of Extinction. - Rights of compensation shall be

extinguished if an action is not brought within:

(a) With respect to loss of life and personal injury, thirty (30) years from
the date of the nuclear incident; and
(b) With respect to other damage, ten (10) years from the date of the
nuclear incident;
Provided, That in both above cases, rights of compensation shall be extinguished
if an action is not brought within three (3) years from the date on which the person

suffering nuclear damage had knowledge or ought reasonably to have had


knowledge of the damage and of the operator liable for the damage, Further
Provided, That the periods established pursuant to paragraphs (a) and (b) above
shall not be exceeded.

Any person who claims to have suffered nuclear damage and who has
brought an action for compensation within the period established in paragraph 1
of this Section may amend the claim to take account of any aggravation of the
damage, even after the expiry of such period: Provided, That final judgment has

not been entered.

ARTICLE 8
RIGHT OF RECOURSE

SEC. 29. Right of Recourse. - The operator shall have a right of recourse
only:

(a) If this is expressly provided for by a contract in writing; or

(b) If the nuclear incident results from an act or omission done with intent
to cause damage, against the individual (natural person) who has acted or omitted
to act with such intent.

Where the operator has a right of recourse according to paragraph 1(a) of
this Section, such right of recourse shall also be extended to the benefit of the
Government and Contracting Parties to the Convention on Supplementary
Compensation with respect to any public funds made available by the
Government in accordance with Section 19, and any contributions paid by
Contracting Parties to the Convention on Supplementary Compensation in
accordance with Article III(1)(b) of the Convention on Supplementary
Compensation, respectively. The Government may exercise the rights of recourse
on behalf of the Contracting Parties to the Convention on Supplementary

Compensation.

ARTICLE 9
FINAL PROVISIONS


SEC. 30. Consistency with Relevant Conventions. - The provisions of
the relevant conventions shall apply to cases not provided for in this Act or in
regulations or orders issued by the PhilATOM.

This Act and any regulations or orders issued by the PhilATOM shall be
implemented and interpreted in a manner that is consistent with the relevant
conventions and to give full effect to the rights and obligations of the Philippines
under such relevant conventions.

SEC. 31. Jurisdiction and Applicable Law. - The courts of the
Philippines shall have jurisdiction over any nuclear incident that occurs in the
territory, territorial sea or exclusive economic zone of the Republic of the
Philippines and over any other nuclear incident that occurs elsewhere to the
extent such jurisdiction is granted by the relevant conventions.

Subject to the provisions of the relevant conventions, the nature, form,
extent and equitable distribution of compensation for nuclear damage caused by
a nuclear incident with respect to which the courts of the Philippines have
jurisdiction shall be governed by this Act and the other applicable law of the
Philippines.

SEC. 32. Competent Court in the Philippines. - Claims under this Act
shall be brought to the Regional Trial Court that has jurisdiction in the place
where the incident occurs, provided that the Supreme Court shall designate the
Regional Trial Court that has jurisdiction if:

(a) the nuclear incident occurs in more than one judicial region;
partly in a judicial region and partly within the Philippines
exclusive economic zone; or within the Philippines exclusive
economic zone; or

(b) the nuclear incident occurs outside the territory or the
exclusive economic zone of any contracting state; or

(© the place where the nuclear incident occurred cannot be
determined with certainty.

Following such designation, any claims brought in any other Regional Trial Court
shall be consolidated in the Regional Trial Court with jurisdiction.


SEC. 33. Nuclear Claims Panel. - If it is in the public interest that
claims in respect of a nuclear incident are dealt with by a nuclear claims panel,
the President, upon consultation with the PhilATOM, may determine to establish
such panel.

Within fifteen (15) days of a determination by the President, a claims
handling panel, referred to as the Nuclear Claims Panel, shall be established by
the Department of Justice. Following the establishment of the Nuclear Claims
Panel, such Panel have exclusive jurisdiction over claims for compensation for
nuclear damage under this Act and any claims brought under Section 32 shall be
transferred to the Panel.

The Nuclear Claims Panel shall be comprised of three (3) retired
Regional Trial Court judges or experts in civil law, in good standing.

SEC. 34. Investigation of Nuclear Claims and Priorities For
Compensation of Claims. - With respect to claims brought under this Act, the
PhilATOM shall:

(a) Investigate the purported nuclear incident;

(b) Form an opinion on the radiation dose associated with the claims and
the potential for such dose limit to cause nuclear damage; and

(©) Supply evidence-based information on radiation doses that may
definitively cause human harm.

Such findings and opinions shall be provided to and
considered by the Regional Trial Court or, if established, the Nuclear Claims
Panel, in its determinations.

For the purposes of the Regional Trial Court or, if established, the Nuclear
Claims Panel, understanding relative risk and harm, expert opinions shall be
obtained on the relative harm caused by the relevant radiation dose, compared to
other common hazards such as smoking, airborne particulate pollution, common
low-level chemical exposure, and exposure to elevated natural background
radiation occurring in notable locations in the world, including in Ramsar in Iran,

Kerala State in India, and Guarapari Beach in Brazil.


‘The Regional Trial Court or, if established, the Nuclear Claims Panel, shall
be entitled to establish priorities for compensating classes of nuclear damage,
provided that, with respect to claims brought against the operator where the
damage to be compensated exceeds or is likely to exceed the maximum amount
made available pursuant to paragraph 1 of Section 16, priority is given to the
satisfaction of claims for loss of life or personal injury filed in accordance with
this Act.

The Regional Trial Court or, if established, the Nuclear Claims Panel, shall
seek the assistance of the PhilATOM on any other technical matters where
appropriate.

SEC. 35. Frivolous or Vexatious Claims. - The Regional Trial Court or,
if established, the Nuclear Claims Panel, shall refuse to hear any claim that it
considers to be frivolous or vexatious.

SEC. 36. Prohibition on Double Compensation. - A claimant shall not
be entitled to compensation under this Act if the Regional Trial Court or, if
established, the Nuclear Claims Panel, determines that such claimant has
already received or will receive adequate compensation pursuant to public health
insurance, social insurance, social security, workers’ compensation or

occupational disease compensation systems.

SEC. 37. Review of Judgement. — Appeals from the Regional Trial Court
or, if established, the Nuclear Claims Panel, shall be heard by the Court of
Appeals.

SEC. 38. Recognition of Foreign Judgments. - A judgment, which is no
longer subject to ordinary forms of review, entered by a competent court of
another Contracting Party to a relevant convention shall, in accordance with the
relevant convention and upon being presented for enforcement in accordance with
the formalities of the courts of the Philippines, be recognised by the courts of the
Philippines and enforceable as if it were a judgment of the courts of the
Philippines. The merits of a claim on which the judgement has been given shall

not be subject to further proceedings.


SEC. 39. Implementing Rules and Regulations. ~ The PhilATOM shall
issue the rules and regulations necessary to implement this Act within one
hundred eighty (180) days from the effective date of this Act.

SEC. 40. Separability. - If a provision of this Act is declared
unconstitutional or invalid, the other provisions shall not be affected and shall
remain in full force and effect.

SEC. 41. Repealability. - All acts, executive orders, administrative
orders, proclamations, rules and regulations inconsistent with any provisions of
this Act, including Sections 37 to 63 of Part VIL, Liability for Nuclear Damage,
under Republic Act No. 5207 and Section 50 of Republic Act No. [insert PhilATOM
Act No.] are repealed or modified accordingly.

SEC. 42. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,