FIFTEENTH CONGRESS OF THE 
) 
"', 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
j(J 
,JUt -6 P 1 :26 
SENATE 
S.No. 341 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
The Philippine Nuclear Research Institute (PNRI), fonnerly the Philippine Atomic Energy 
Commission (P AEC) was created by the Science Act of 1958, and placed under the 
Department of Science and Technology (DOST) in 1987. Presently, it continues to exercise 
its dual mandate of promoting and regulating the peaceful and safe applications of nuclear 
energy. Through its 50 years of existence, the PNRI has assumed various roles and 
functions. As the premier national nuclear research institution the PNRI initiates Research 
and Development (R & D) work in various applications, establishes nuclear and radiation 
facilities, and undertakes human resource development not only for its staff but also for the 
prospective users of nuclear energy. 1 In the same vein, the PNRI, through its regulatory arm 
-
the Nuclear Regulations, Licensing and Safeguards Division (NRLSD) -
exercises 
regulatory control over the utilization of radioactive materials. 
The general practice in the early 1960s was for nuclear energy application and nuclear power 
development to have a regulatory body attached to some structure of atomic energy 
organization. However, there is a growing view among experts that the promotion and 
regulation of nuclear energy should not be the responsibility of one agency. An agency 
tasked with promoting the use of nuclear energy may not be in a good position to regulate the 
use of this source of energy.2 
« 
In this light, this legislation seeks to lay down the devolution of all regulatory activities 
presently perfonned by the Philippine Nuclear Research Institute (PNRI) under the 
Department of Science and Technology (DOST) and those in the Bureau of Health Devices 
and Technology (BHDT) under the DOH, which are specific to ionizing radiation regulation. 
The bill further seeks to create a Philippine Nuclear Regulatory Authority, a separate nuclear 
regulatory body, which shall exercise the aforementioned task of regulatory control over 
radioactive materials and electronic devices emitting radiation. The present PNRI will remain 
as the national nuclear research institution to promote the peaceful applications of nuclear 
energy. The new regulatory body will have the independence to implement its nuclear 
regulations and can tap the facility of the PNRI in matters relating to nuclear and radiation 
safety. The establishment and maintenance of independent and competent regulatory agency, 
and technical and scientific support organization are essential for a secure and sound nuclear 
energy program. 
In view of the foregoing, the immediate approval of this measur;t.;~stly sought. 
~~. 
TRILLANES IV 
Senator 
I Alurnanda M. Dela Rosa.The Evolution of the Role of the Philippine Nuclear Research Institute in the National Nuclear and Radiation 
Safety Regime. Philippine Nuclear Research Institute. 
' 
1 Raymund Jose Quilop. Using NucJear Energy: A Philippine Experience. Department of Political Science, University of the Philippines 
Diliman. 


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FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
! 0 Jill -6 P 1 :;Z6 
SENATE 
S. No 341 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
TO REGULATE THE NUCLEAR, SECURITY AND SAFETY ASPECTS IN THE 
PEACEFUL UTILIZATION OF IONIZING RADIATION SOURCES THROUGH 
THE CREATION OF THE PHILIPPINE NUCLEAR REGULATORY AUTHORITY 
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
PART I: INTRODUCTORY PROVISIONS 
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SECTION 1. Short Title. - This Act shall be known as the "Comprehensive Nuclear 
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Regulations Act of2010." 
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SEC. 2. Declaration of Policy. - It is hereby declared to be the policy of the State to 
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control, secure and regulate the development and use of nuclear energy and ionizing radiation 
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for all peaceful purposes, to protect public health and safety, and environment from 
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undesirable effects of ionizing radiation. 
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SEC. 3. Scope. - This Act shall provide a legal framework for conducting activities 
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related to nuclear energy and ionizing radiation, in a manner that adequately protects 
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individuals, property and the environment. 
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SEC. 4. Definition of Basic Terms. - For the purposes of this Act: 
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a. activities related to nuclear energy utilization means 
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1. the 
sitting, 
construction, 
commissioning, 
operation, 
reconstruction 
and 
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decommissioning of nuclear installations; 
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2. designing nuclear installations; 
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3. designing, manufacturing, repairs and verification of nuclear installation systems of 
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their components, including materials used for their production; 
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4. designing, manufacturing, repairs and verification of packaging assemblies for the 
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transport, storage or disposal of nuclear materials; 
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5. handling of nuclear materials and of selected items and, in the case of their use in the 
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nuclear field, also of items of dual use; 
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6. research and development into the activities mentioned in numbers 1 to 5; 
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7. professional training of personnel, specialized form the nuclear safety viewpoint for 
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the activities stated in number 1; and 
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8. transport of nuclear material; 
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b. radiation practices means any human activity introducing sources of exposure pathways 
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from existing sources, so as to increase the exposure or the likelihood of exposure of 
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people or the number of people exposed, particularly the production, import, operation 
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and other handling of ionizing radiation sources, including radioactive waste or release of 
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radionuclides into the environment. Exposure means exposure of people and the 
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environment to ionizing radiation; 
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c. ionizing radiation means 
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1. a radionuclide is a substance or a device containing radionuclides or contaminated by 
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radionuclides to a level exceeding the values set out in the implementing regulations; 
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2. a piece of equipment containing a radionucIide source; 
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3. a device, the operation of which produces x-rays and radionucIides; and 
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4. an equipment such as an electron beam generator, the operation of which generates 
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ionizing radiation as a direct product and/or as a result of secondary interaction of this 
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direct radiation product with the material in the equipment/facility. 
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In relation to the risk to human health and the enviroument due to ionizing radiation, 
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ionizing radiation sources are categorized as: Category 5 (insignificant sources), management 
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of which is not associated with any possibility of radiation accidents or with generation of 
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waste, Category 4 (minor sources), management of which is not associated with any 
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possibility of radiation accidents, although radioactive waste may be generated; Category 3 
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(simple sources), during management of which a possibility of radiation accident exists, 
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although radiation accidents with acute health effects are excluded; Category 2 (significant 
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sources), during management of which consideration must be given to the possibility of 
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radiation accidents which may also be associated with acute health effects, although there is 
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no danger of radiation emergencies; and Category I (very significant sources), for which 
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consideration must be given to the possibility of a radiation emergency. The criteria for 
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radiation source categorization shall be set out in an implementing regulation; 
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d. nuclear safety means the condition and ability of a nuclear installation and its servicing 
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personnel to prevent the uncontrolled development of a fission chain reaction or an 
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inadmissible release of radioactive substances or ionizing radiation into the environment, 
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and to reduce the consequences of accidents; 
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e. radiation protection means a system of technical and organizational measures to reduce 
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exposure of people and environment; 
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f. physical protection means a system of technical and organizational measures preventing 
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unauthorized activities with nuclear installations, nuclear materials and selected 
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radioactive materials; 
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g. emergency preparedness means an ability to recognize the occurrence of a radiation 
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accident and, upon its concurrence, to carry out measures in accordance with emergency 
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plans; 
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h. nuclear installation means 
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1. construction and operating units containing a nuclear reactor utilizing a fission chain 
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reaction; 
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2. facilities for the production, processing, storage and disposal of nuclear materials; 
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3. repositories of radioactive waste with an activity exceeding the values set out in an 
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implementing regulation. 
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i. nuclear items mean: 
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1. nuclear materials which are: 
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aa) source materials represented by uraniwn containing a mixture of isotopes 
occurring in nature, uraniwn depleted in the U235 isotope or thorium and each of 
these items in the form of metal, alloy, chemical compound or concentrate, as 
well as materials containing one or more of these items in a concentration or 
amount exceeding values set out in the implementing regulations; 
bb) special fission materials represented by 239Pu, 233U, Uraniwn enriched in the 
isotope 235U or 233U and materials containing one or more of these 
radionucIides, except initial materials exceeding in concentration or amount 
values set out in an implementing regulations; 
cc) other materials, should implementing regulation so determined. 
2. selected items which are materials, equipment or technologies designed and 
manufactured to be used in the nuclear field, a list of which shall be provided in the 
implementing regulations; 
3. dual use items, which are materials, equipment and technologies not designed and 
manufactured to be used in the nuclear field but which may be utilized there; 
radiation accident means an event resulting in an inadmissible release of radioactive 
substances or ionizing radiation, or an inadmissible exposure of people; 
radioactive emergency means a radiation accident requiring measures to be taken to 
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protect the public and the environment; 
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I. emergency plan means a set planned to deal with a radiation accident or radiation 
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emergency and to limit their consequences. An emergency plan designed for a nuclear 
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installation premises or a workplace with ionizing radiation source is called an on-site 
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emergency plan. An emergency plan for transport of nuclear materials or ionizing 
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radiation sources is called emergency rule. An emergency plan for transport of nuclear 
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materials or ionizing radiation sources is called emergency rule. An emergency plan for a 
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region in the vicinity of a nuclear installation or a workplace with ionizing radiation 
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source where, based on results of analyses of potential effect of a radiation emergency, 
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emergency planning requirements are in force (hereinafter referred to as an "emergency 
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planning zone"), is called an off site emergency plan; 
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m. decommissioning means activities aimed at releasing nuclear installation of workplaces 
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with an ionizing radiation source, following the termination of their operation, for their 
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utilization for other purposes; or for the purpose of exempting them form the 
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requirements of this Act; 
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radioactive waste means 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 their environment, these 
values shall be set out in the implementing regulations; 
radioactive waste and spent fuel storage means a temporary emplacement of radioactive 
waste or spent or irradiated nuclear fuel for a period restricted in advance into areas, 
facilities or installation designed for this purpose; 
radioactive waste means a permanent emplacement of radioactive waste into areas into 
areas, facilities or installation without the intention of its retrieval; 
radioactive waste repository means an area facility or engineered structure at the surface 
or underground used for the disposal of radioactive waste; 
workplace with ionizing radiation source means areas where iouizing radiation sources 
are utilized or in any other manner intentionally and purposefully handled; and 
limits and conditions for the safe operation of a nuclear installation means a set of 
unambiguously defined conditions for which it is proven that operation of a nuclear 
installation is safe. This set shall comprise data on admissible parameters, requirements 
for the operability of the installation, protective system settings, and requirements for 
personnel activity and organizll;tional measures to meet all the defined conditions for 
design operational modes. 
PART II. REGULATORY AUTHORITY 
SEC. 5. - The Philippine Nuclear Regulatory Authority, hereinafter referred to as the 
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Authority, is hereby created as an agency in the Office of the President. 
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SEC. 6. - The Authority shall be the competent agency of the State to regulate and 
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control the utilization of nuclear energy and ionizing radiation sources for peaceful purposes 
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and to implement this Act. 
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SEC. 7. - All personnel of the Nuclear Regulations, Licensing and Safeguards 
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Division of the Philippine Nuclear Research Institute (PNRl), DOST are hereby transferred 
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to the Authority. All personnel of Radiation Regulation Division of the Bureau of Health 
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Devices and Technology (BHDT) of the DOH who have responsibilities in ionizing radiation 
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regulation are also hereby transferred to the Authority. All personnel of the Radiation 
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Regulation Division of the Bureau of Health Devices & Technology (BHDT) of the DOH 
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who have responsibilities in ionizing radiation regulation are also hereby transferred to the 
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authority. 
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SEC. 8. - There shall be no diminution of salaries, allowances and emoluments of all 
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personnel transferred to the Authority. 
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SEC. 9. - The State shall provide the appropriate budgetary support to ensure the 
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operation of the Authority. Furthermore, the Authority shall be allowed to use 100% of its 
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income for upgrading of its physical and human resources, for the conduct of research and 
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development activities and for augmentation of its budget in case of shortfalls. 
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SEC. 10. - Thereafter, all powers, functions and duties, records, files and positions of 
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the organizational units indicated in Section 7 shall be transferred to the Authority. 
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SEC. 11. - Organizational Structure of the Authority. - The Authority shall be 
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headed by a Director General who shall be assisted by a Deputy Director General. The 
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Authority shall have at least five technical divisions and two non-technical divisions. 
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SEC. 12. Generals Powers and Functions. - In order for the Authority to fulfill its 
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statutory obligations, the Authority shall define policies, safety principles and associated 
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criteria as a basis for its regulatory actions. 
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The Authority shall: 
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a. establish, promote, or adopt regulations and guides upon which its regulatory actions are 
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based; 
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b. review and assess submissions on safety form the operators both prior to authorization 
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and periodically during operation as required; 
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c. provide for issuing, amending, suspending or revoking authorizations, subject to any 
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necessary conditions that are clear and unambiguous and which shall specify (unless 
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elsewhere specified): 
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l. the facilities, activities or inventories of sources covered by the authorization; 
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2. the requirements for notifying the Authority of any modifications to safety related 
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aspects; 
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3. the obligations of the operator in respect of its facility, equipment, radiation source or 
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sources and personnel; 
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4. any limits on operation and use (such as dose or discharge limits, action levels, or 
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limits on the duration of the authorization); 
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5. conditioning criteria for radioactive waste processing for existing or foreseen waste 
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management facilities; 
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6. any additional separate authorizations that the operator is required to obtain from the 
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regulatory body; 
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7. the requirements for incident reporting; 
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8. the reports that the operator is required to make to the regulatory body; 
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9. the records that the operator is required to retain in the time periods for which they 
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must be retained; and 
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10. the emergency preparedness arrangements; 
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d. carry out regulatory inspections; 
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e. ensure that corrective actions are taken if unsafe or potentially unsafe conditions are 
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detected; and 
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f. take the necessary enforcement action in the event of violations of safety requirements. 
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SEC. 13. Advisory Bodies. - The Authority may choose to give formal structure to 
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the processes by which expert opinion and advise are provided to the Authority; the need or 
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otherwise for such formal advisory bodies is determined by many factors. When the 
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establishment of advisory bodies is considered necessary, on a temporary or permanent basis, 
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such bodies shall give independent advice. The advice given may be technical or non-
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technical (in advising, for example, on ethical issues in the use of radiation in medicine). Any 
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advice offered shall not relieve the Authority of its responsibilities for making decisions and 
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recommendations. 
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SEC. 14. Budgetary Requirements. - The Authority shall be provided with funds as 
IS 
appropriated from the General Appropriations Act. 
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PART III. TRANSITIONAL PROVISIONS ON THE DEVELOPMENT AND 
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UTILIZATION OF NUCLEAR ENERGY IN THE PHILIPPINES 
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SEC. 15. - The Philippine Nuclear Research Institute. -
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a. The development and use of nuclear energy for peaceful applications shall be the 
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responsibility of the Philippine Nuclear Research Institute, hereinafter referred to as the 
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Institute. 
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b. The regulatory function of the Institute is hereby transferred to the Authority. 
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c. The Institute shall be the scientific nuclear organization in the country and continue to 
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. function as one of the Research and Development Institutes of the Department of Science 
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and Technology, and continue its mandate to foster nuclear research and development 
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including nuclear safety research pursuant to the objectives of Executive Order No. 128, 
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series of 1986. 
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d. 
a. 
b. 
Under Executive Order No. 128, the Institute is mandated to perform the following 
functions: I) conduct research and development on the application of radiation and 
nuclear materials, processes and techniques in agriculture, food, health, nutrition and 
medicine and in industrial or commercial enterprises; 2) undertake transfer of research 
results including technical extension, nuclear and training services, and 3) operate and 
maintain research reactors and other radiation facilities. 
SEC. 16. The Bureau of Health and Devices Technology. -
There are hereby transferred to the Regulatory Authority all the licensing and regulatory 
functions relative to the production and use of radiation sources and ionizing radiation-
emitting devices of the Bureau of Health Devices and Technology will remain with the 
Department of Health. 
The Bureau of Health Devices and Technology will remain with the Department of 
Health. 
PART IV. GENERAL CONDITIONS FOR PERFORMANCE OF 
PRACTICES RELATED TO NUCLEAR ENERGY UTILIZATION, 
RADIATION PRACTICES AND INTERVENTIONS TO REDUCE 
EXPOSURE 
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SEC. 17. Basic Principles. - The Authority shall ensure that all practices are related 
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to nuclear energy utilization, radiation use and application and interventions are controlled 
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and authorized in accordance with rules and regulations developed by the Authority in 
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accordance with international standards and best practice. 
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SEC. 18. Exposure to Natural Sources. -
The Authority shall promulgate 
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appropriate regulations and related guidelines to address all issues and concerns related to 
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exposure to radiation from natural sources. 
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SEC. 19. Mil/il/g al/d Milfil/g. - Management of radioactive wastes from the mining 
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and milling industries, as well those generated from similar industries shall be subject to 
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regulatory control of the Authority. 
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SEC. 20. Discharge of Radionuclides into the Environment. -
Discharge of 
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radionuclides into the environment shall be subject to regulatory control by the Authority. 
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PART IV. CONDITIONS FOR NUCLEAR ENERGY AND IONIZING 
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RADIATION UTILIZATION 
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SEC. 21. Licenses/or Specific Practices.-
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a. A license issued by the Authority is required for: 
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1. siting of a nuclear installation or a workplace with very significant ionizing radiation 
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source; 
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2. construction of a nuclear installation or a workplace with very significant ionizing 
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radiation source; 
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3. particular stages, laid down in the implementing regulations, of nuclear installation 
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commissioning; 
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4. operation of a nuclear installation or a workplace with significant or very significant 
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ionizing radiation source; 
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5. restart of a nuclear reactor to criticality following a fuel reload; 
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6. reconstruction or other changes affecting nuclear safety, radiation protection, physical 
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protection and emergency preparedness of a nuclear installation or a workplace with 
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significant or very significant ionizing radiation source; 
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7. decommissioning of a nuclear installation or a workplace with significant or very 
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significant ionizing radiation source; the decommissioning process shall be 
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established in the implementing regulations; 
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8. discharge of radionuclides into the environment; 
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b. 
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9. ionizing radiation sources management to the extent and in the manner established in 
the implementing regulations; 
10. radioactive waste management; 
II. impOit or export of nuclear items or transit of nuclear materials and selected items; 
12. nuclear materials management; 
13. transport of nuclear materials and radionuclide sources laid down in the implementing 
regulations; this license does not relate to the person performing the transport, or to 
the carrier, unless he is simultaneously the shipper, or consiguor or consignee; 
14. professional training of selected personnel of nuclear installations and selected 
personnel of workplaces with an ionizing radiation source; 
15. re-importation of radioactive waste originated in the processing of materials exported 
form the Republic of the Philippines; 
16. medical exposure may only be performed by the holder of a license to handle ionizing 
radiation sources. Only ionizing radiation sources of a type approved by the Authority 
may be used for medical exposure, or radioactive pharmaceuticals registered with the 
Bureau of Food and Drugs, Department of Health in accordance with specific 
regulations; and 
17. all other applications as maybe defined by the Authority. 
Licenses issued by the Authority nnder paragraph 1 do not substitute licenses or 
authorizations issued by the administrative/regulatory bodies nnder specific regulations. 
A license shall be issued on condition that the natural person to whom the license is to be 
issued, and his responsible representatives, if any, has reached the age of 21, is competent 
to perform legal acts, and is professionally competent and permanently n::siding in the 
Republic of the Philippines. 
A person to whom a license has been issued shall communicate to the Authority without 
delay any change that may occur in facts specified in paragraph 3. 
Performances of practices under this section, paragraph 1 or their stages shall not 
.commence before the license issued by the Office enters into legal force. 
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SEC. 22. License Application. - All practices involving the use of ionizing shaH be 
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authorized by the Authority through a system of notification, registration and licensing to be 
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established by the Authority within the framework of this Act. An application for 
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authorization shall be filed in accordance with procedures with set by the Authority. 
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a. 
SEC. 23. General Obligatwns of Licensees. -
A licensee under the Section 12 (1) shall, besides other obligations established in law, 
shall: 
1. ensure nuclear safety, radiation protection, physical protection and emergency 
preparedness, including its verification, in the scope appropriate to the particular 
licenses; 
2. asses in a systematic and comprehensive manner the fulfillment of conditions stated 
in Section 4 (8), from the aspect of the current level of science and technology, and 
ensure that the assessment results are put into practice; 
3. comply with the conditions of the license issued by the Authority, proceed in 
accordance with approved documentation and investigate, without delay, any breach 
of such conditions or procedures and take remedial procedures and take remedial 
measures and measures to prevent repetition of such situations. Any case when 
exposure limits or limits for safe operation of a nuclear installation have been 
exceeded or violated shall be reported to the Authority without delay; 
4. comply with technical and organizational conditions for safe operation of nuclear 
installations, ionizing radiation sources and workplaces with ionizing radiation 
sources as laid down in the implementing regulations, comply the approved quality 
assurance program and adhere to specific requirements for uniformity and correctness 
of measurements and measuring devices to the extent laid down in an implementing 
regulation; 
5. provide cooperation as required for performance of inspection activities by the 
Authority and provide cooperation for persons called upon by the Authority in order 
to assess expert issues related to the performance of an inspection; 
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b. 
6. introduce into circulation only ionizing radiation sources that bear the specified labels 
and are accompanied by appropriate documentation and are in type-approved 
transport packaging; 
7. allow only authorized persons to handle nuclear materials, radioactive waste and 
ionizing radiation sources and to handle them in accordance with this Act; 
8. entrust performance of the specified activities only to such persons who have fulfilled 
the conditions of special professional competence and have met the requirements 
verified in a manner established in the implementing regulations; and in good 
physical and mental; 
9. report to the Authority without delay any change or event impacting on nuclear 
safety, radiation protection, physical protection, nuclear materials management or 
emergency preparedness, and changes in any circumstances on which issue of the 
license based; and 
10. provide the public with infonnation on maintenance of nuclear safety and radiation 
protection which is not subject to State, professional or commercial secrecy. 
A licensee shall submit to the Authority for approval: 
I. documentation in support of the application for a license specific to the practice, the 
nature, scope/extent and content laid down in an implementing regulation; and quality 
assurance programs; 
2. commissioning and decommissioning programs and non-standard programs or tests 
affecting nuclear safety as specified in the license; 
3. transport, storage, loading and reloading of nuclear fuel and related activities 
programs as specified in the license; 
4. a list of important working activities impacting on nuclear safety, competence 
requirements, professional training and method of its verification; 
5. assignment of nuclear installations and nuclear safety, competence requirements, 
professional training and method of its verification; 
6. assignment of nuclear installations and nuclear materials to categories appropriate 
from the aspect of physical protection; 
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7. the on-site emergency plan and emergency rules; and 
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8. changes in the documentation specified in (1 ) to (7) above. 
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c. A licensee shall submit to the Authority a proposal for the designation of an emergency 
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planning zone and the delineation of a controlled area. 
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SEC. 24. Obligations from the Aspect of Nuclear Safety, Radiation Protection, 
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Physical Protection and Emergency Preparedness. -
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a. A I icensee shall also: 
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I. monitor, measure, evaluate, verify and record values, parameters and facts which may 
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impact on nuclear safety, radiation protection, physical protection and emergency 
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preparedness, to the extent laid down in implementing regulations; 
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2. account for and control of nuclear materials, archive associated records and report to 
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the Authority, as laid down in the implementing regulations, results of physical 
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inventory taking and material balance of nuclear materials ad any changes in nuclear 
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materials inventory; 
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3. keep and archive records of ionizing radiation sources, facilities, materials, activities, 
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quantities and parameters and other facts impacting on nuclear safety, radiation 
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protection, physical protection and emergency preparedness and submit the recorded 
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information to the Authority in the marmer set out in the implementing regulations; 
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4. keep production of radioactive waste and spent nuclear fuel to the minimum 
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necessary level; 
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5. prepare and submit to a legal person authorized to dispose of radioactive the data on 
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short-term and long-term production of radioactive waste and spent nuclear fuel 
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together with other background information as may be prescribed by specific 
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regulations; 
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6. keep records of radioactive waste by type of waste in such manner that all 
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characteristics affecting its safe management are apparent; 
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7. allow access and provide necessary cooperation for perfonnance of inspection 
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activities to International Atomic Energy Agency inspectors, and to persons called 
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upon by the Authority to assess expert aspects of inspected activities; 
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8. steadily create a financial reserve for decommissioning of nuclear installations or 
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workplaces with a significant or very significant ionizing radiation source so that 
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financial resources are available for the needs of preparation and implementation of 
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decommissioning, at the required time and in the required amount, in line with the 
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decommissioning method proposal approved by the Authority. The reserve shall be 
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expenditure for generating, ensuring and maintaining revenues. Assets fonning part 
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of the created reserve may not be 
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9. ensure systematic supervision of observance of nuclear safety, radiation protection, 
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physical protection and emergency preparedness, including verification of emergency 
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preparedness; 
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10. ensure health examinations for workers who are occupationally exposed, and 
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verification of the physical and mental competence of personnel perfonning activities 
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directly impacting on nuclear safety; 
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11. ensure conditions for pregnant and breastfeeding women working within a controlled 
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area such that a fetus or a breastfed infant receives the same level of radiation 
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protection as any member of the public; 
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12. verify probity and fulfillment of requirements, verified by a method in a specific 
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regulation on the part of personnel and persons handling category I and II nuclear 
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materials, providing physical protection of nuclear installations and nuclear materials 
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or having unsupervised access to internal areas of nuclear installations, and ensure 
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that only such persons perfonn, control, and inspect the activities, and have access to 
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internal and protected areas of nuclear installation; 
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13. verify probity of personnel and persons handling category III nuclear materials or 
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having unsupervised access to guarded and protected areas of a nuclear installation 
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and ensure that only such persons perfonn the activities and have access to guarded 
29 
areas of a nuclear installation; 
15 


I 
14. suspend the validity of an approval to handle nuclear materials or enter nuclear 
2 
installations for an employee, in a case where and at the moment when a licensee 
3 
learns that legal proceedings have commenced with such an employee for a criminal 
4 
offense perpetrated through negligence, where the facts of the case are related to 
S 
activity performed, or for criminal offense committed with intent; and 
6 
15. provide a system of training, verification of competence and special professional 
7 
competence of personnel in accordance with the importance of the work they 
8 
perform. 
9 
b. A special professional competence, within the meaning of this Act, means: 
10 
1. skills and expertise of natural persons, as verified by a State of Examination Board and 
11 
required for activities directly affecting nuclear safety of nuclear installations. The 
12 
State Examination Board shall be established and its Chairman and members 
13 
appointed by the Director of the Authority; and 
14 
2. skills and expertise of natural persons, as verified by the State Examination Board of 
1 S 
the Authority and required to manage the working activities with ionizing radiation 
16 
sources and perform other activities especially important from the radiation protection 
17 
point of view, set in an implementing regulation. 
18 
c. Activities directly affecting nuclear safety may only be performed by natural persons who 
19 
are physically and mentally competent, with professional competence and to whom the 
20 
Authority has granted an authorization for the activities in question, su~iect to an 
21 
application by the licensee. Physical and medical competence shall be established in 
22 
medical and psychological institutions specified by the Authority, in accordance with the 
23 
requirements and demands placed on the persons by the activities they are to perform. 
24 
d. Only natural persons with knowledge of the principles and procedures of radiation 
2S 
protection, as verified by the State Examination Board of the Authority, and holding an 
26 
authorization to perform the working activity in question, granted by the Authority, may 
27 
manage the working activities with ionizing radiation sources and perform other activities 
28 
especially important from the radiation protection viewpoint, laid down in the 
29 
implementing rules and regulations. 
16 


I 
e. Activities directly affecting nuclear safety and activities especially important from the 
2 
radiation protection viewpoint, qualification and professional training requirements, the 
3 
method to be used for their verification and the issue of authorizations for persons 
4 
authorized to perform activities as in par. 3 and 4 (hereinafter referred to as "selected 
5 
personnel") shall be laid down in the implementing rules and regulations. 
6 
7 
SEC. 25. Obligations in the Event of a Radiation Accident. -
8 
a. A licensee shall, to the extent and in the manner determined by the on-site emergency plan 
9 
approved by the Authority 
10 
1. notify without delay the relevant local government authority, the Authority, and other 
II 
relevant bodies specified in the on-site emergency plan of the occurrence or suspected 
12 
occurrence of a radiation emergency; 
13 
2. in the event of a radiation emergency, ensure that a warning is issued to the public 
14 
within the emergency planning zone; 
IS 
3. ensure the consequences of the radiation accident are dealt within the premises where 
16 
activities are performed and take steps to protect employees and other persons from the 
17 
effects of ionizing radiation; 
18 
4. ensure monitoring of exposures of employees and other persons and prevent any 
19 
escape of radionuclides or ionizing radiation into the environment; 
20 
5. inform relevant bodies, especially of monitoring results, factual and anticipated 
21 
development of the situation, interventions taken to deal with the radiation accident, 
22 
and also of factual and anticipated exposure of people; 
23 
6. control and regulate exposure of employees and persons participating in the radiation 
24 
accident mitigation within the premises where he performs his activities; and 
25 
7. cooperation in dealing with the consequences of the radiation accident that occurred in 
26 
his premises. 
27 
b. Licensee for transport as in Sec. 12.l.m shall also, to the extent and in the manner 
28 
established in the emergency rules approved by the Authority 
17 


I. immediately inform the appropriate local government authority, the Authority and 
2 
other relevant bodies specified in the emergency rules of the occurrence or suspected 
3 
occurrence of a radiation emergency; 
4 
2. in the event of a radiation accident, take immediate steps to protect persons involved in 
5 
transport from the effects of ionizing radiation; 
6 
3. immediately inform relevant bodies of, in particular, his monitoring results, factual and 
7 
anticipated development of the situation, interventions taken to protect persons 
8 
involved in transport and interventions taken to deal with the radiation emergency, and 
9 
also of factual and anticipated exposure of people; 
10 
4. control and participate in regulation of exposure of people involved in transport and 
II 
participating in the radiation accident clean-up process; and 
12 
5. cooperate in dealing with the consequences of a radiation emergency on his equipment. 
13 
c. A licensee shall also submit to the appropriate local government authorities, the 
14 
background documents necessary in the preparation of the off-site emergency plan, 
15 
cooperate with them to ensure emergency preparedness of the emergency planning zone 
16 
to the extent established in relevant local ordinances concerning the emergency planning 
17 
zone, providing the public in the emergency planning zone of relevant installations or 
18 
workplaces with antidotes, running a press and information campaign aimed at ensuring 
19 
that the public is prepared for radiation emergencies; providing a system for notification 
20 
of relevant bodies to the extent and in the manner established in the on-site emergency 
21 
plan, and providing a warning system to inform the public living in the vicinity of the 
22 
nuclear installation, and shall participate in radiation emergency clean-up operations 
23 
within the emergency planning zone. 
24 
25 
SEC. 26. Obligations in Transport and Shipment of Nuclear Items and 
26 
Radionuclide Sources-
27 
a. A licensee under Sec. 12.1.m. shall: 
28 
1. make sure that a consignee is authorized to handle nuclear materials or ionizing 
29 
radiation sources in accordance with this Act; 
18 


1 
2. ensure that the transport and shipment of nuclear materials and mdionuclide sources 
2 
defined in the implementing regulations is perfonned as specified therein and in 
3 
accordance with the requirements established in specific regulations; 
4 
3. supply nuclear materials and mdionuclide sources defined in the implementing 
5 
regulations solely in packaging assemblies which have been type-approved by the 
6 
Authority in accordance with this Act; 
7 
4. ensure that during transport and shipment neither radionuclide escape nor exposure of 
8 
people exceeds limits and guidance levels laid down in the implementing regulations, 
9 
and ensure physical protection of nuclear material shipments in accordance with the 
10 
implementing regulations; and 
11 
5. issue licenses to perfonn practices governed by this Act and shall issue recertification 
12 
for packaging assemblies for transport and shortage of nuclear materials and 
13 
mdionuclide sources given in an implementing regulation for ionizing radiation 
14 
sources and other products (transferred from Sec. 12.b); 
15 
b. A licensee under Sec. 12.l.ij,k or m shall ensure that a person making a shipment of 
16 
nuclear items or radionuclide sources defined in an implementing regulation reports their 
17 
entry to or exit from the territory of the Republic Act of the Philippines to a border 
18 
Bureau of Customs and presents to the Bureau of Customs an authorized copy of a 
19 
relevant license and, in the case of a transplant shipment, on entry an authorized copy of a 
20 
valid license of the country to which the nuclear items or radionuclide sources are being 
21 
shipped from the Republic of the Philippines. Unless this condition is fulfilled, the 
22 
Bureau of Customs shall not grant the goods passage. The Bureau of Customs shall 
23 
communicate this infonnation contained in these documents to the Authority. The 
24 
provision of this pamgraph does not cover transit shipments of items of dual use. 
25 
26 
SEC. 27. Use of Category 5 (Insignificant) and Category 4 (Minor) Ionizing 
27 
Radiation Sources. -
28 
a. A license for ionizing radiation sources management under Sec. 12.l.i. is not required for 
29 
the use of insignificant or rype-approved minor ionizing radiation sources, if used in 
19 


• 
I 
accordance with user manuals provided for the sources which have been approved by the 
2 
Authority as part of their type-approval. 
3 
b. A minor source user (hereinafter referred to as a "registrant") is required to notiJY the 
4 
Authority not later than one (l) day before commencement of this activity of the 
5 
following: 
6 
1. the identification of the registrant; 
7 
2. the specification of the ionizing radiation sources to be utilized and their quantity; 
8 
3. the facility where the sources will be located; and 
9 
4. the proposed method of disposal of the ionizing radiation sources. 
10 
c. A license for ionizing radiation sources management under Sec. l2.l.i. and notification 
11 
under par.2 are not required if they concern individual working operations and work with 
12 
sources within an approved or notified process of handling of ionizing radiation sources. 
13 
14 
SEC. 28. Obligations of the Registrant. -A registrant shall: 
IS 
a. use ionizing sources only in accordance with user manuals approved by the Authority as 
16 
part of their type-approval under Sec. 24; 
17 
b. notifY the Authority of any change in information provided under Sec. 22; 
18 
c. check on any breach of this Act or of implementing regulations and take remedial 
19 
measures; 
20 
d. ensure safe termination of activities; 
21 
e. maintain and keep records of ionizing radiation sources and communicate the recorded 
22 
information to the Authority, as laid down in the implementing regulations; and 
23 
f. provide the necessary cooperation for performance of inspection activities by the 
24 
Authority. 
25 
26 
SEC. 29. Type-ApprovaL -
27 
a. Packaging assemblies for transport, storage or disposal of nuclear materials and 
28 
radionuclide sources defined in the implementing regulations, ionizing radiation sources 
29 
specified in the implementing regulations, protective devices for work involving ionizing 
20 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
b. 
c. 
radiation sources, and the design of which may affect radiation protection levels, may 
only be manufactured if they are type-approved by the Authority. 
Type approval is not necessary for the manufacture of devices for work with 
Category 5 (Insignificant) and Category 4 (Minor) ionizing radiation sources and 
radiopharmaceuticals registered with the Bureau of Food and Drugs of the Department of 
Health under a specific regulation and subject to an affirmative Statement form the 
Authority shall make a decision in respect of a type-approval application; 
The Authority shall open type-approval proceedings under par. 1 on application of a 
manufacturer, or in the case of imported equipment, on application of the importer, on the 
day the application is received. The Authority shall make a decision in respect of a type-
,approval application for a packaging assembly for transport or storage of nuclear 
materials or radionuclide sources defined in an implementing regulation within twelve 
(12) months of commencement of the proceedings and within 90 days in other cases. 
Requisites for the application, documents to be attached to the application and the method 
of approval shall be laid down in the implementing regulations; 
In the case of products defined in the implementing regulations, documentation of tests 
17 
performed at the applicant's cost at legal entities designated by the Authority shall 
18 
become part of the background documents required by the Authority to issue a type-
19 
approval decision; 
20 
d. A manufacturer of equipment under par. 1 that is manufactured for the purpose of 
21 
introduction into circulation shall manufacture such equipment in conformity ,with type-
22 
approved by the Authority, verify the identity of the characteristics and parameters of 
23 
particular products with the approved type and demonstrate this identity, to the extent and 
24 
in the manner established by the Authority in the equipment type approval decision or n 
25 
the implementing regulations; and 
26 
e. An equipment importer under par. 1 shall import types approved by the Authority only. 
27 
The importer or a person introducing this equipment into circulation shall ensure 
28 
conformity assessment of characteristics and parameters of particular products with the 
29 
approved type and demonstrate this conformity, to the extent and in the manner established 
21 


I 
by the Authority in the equipment type approval decision or III the implementing 
. 2 
regulations. 
3 
4 
PART VI. RADIOACTIVE WASTE MANAGEMENT 
5 
6 
SEC. 30. General Policy. -
7 
a. Under the terms of this Act, the State guarantees safe disposal of all radioactive wastes, 
8 
including monitoring and supervision of repositories after their closure; 
9 
b. Any person who manages radioactive waste shall take into consideration all its physical, 
10 
chemical and biological properties that might have a bearing on its safe management; 
II 
c. An owner of radioactive waste or other natural person or legal person managing the assets 
12 
of an owner in such a manner that radioactive waste is generated (hereinafter referred to as 
13 
a "generator") shall bear all costs associated with its management, from its time of origin to 
14 
its disposal, including monitoring of radioactive waste repositories after their closure, and 
15 
including the necessary research and development activities. A contractual transfer of 
16 
rights to manage radioactive waste or of its ownership must be stipulated in writing; 
17 
d. Unless a gencrator or the Authority declares spent or irradiated fuel to be radioactive 
18 
waste, its management, apart from the requirements arising out of other provisions of this 
19 
Act, is subject to the same requirements as applicable to radioactive waste. An owner of 
20 
spent or irradiated fuel shall manage it in such a way as not to encumber the potential for 
21 
subsequent conditioning; 
22 
e. The Authority shall take decisions ensuring management of nuclear items or radioactive 
23 
waste if their owner or generator proceeds in contravention to this Act and fails to remedy 
24 
conditions that have arisen; 
25 
f. Details concerning radioactive waste management shall be laid down in the implementing 
26 
regulations. 
27 
28 
29 
22 


I 
PART VII. SAFEGUARD 
2 
3 
SEC. 31. The Authority shall: 
4 
a. maintain a State system of accounting for and control of nuclear materials and establish 
5 
requirements for accounting for and methods for control of nuclear material; 
6 
b. fulfill the State's obligation to the Nuclear Prolifemtion treaty and related international 
7 
instmments. 
8 
9 
PART VIII. PHYSICAL PROTECTION 
10 
II 
SEC. 32. The Authority shall establish requirements for the physical protection of 
12 
radiation and nuclear facilities. 
\3 
14 
IS 
PART IX. EMERGENCY PREPAREDNESS AND RESPONSE 
16 
SEC. 33. The Authority shall: 
17 
a. coordinate the activity of the Radiological Emergency Response Organization of the 
18 
Authority within the framework of the national Disaster Coordinating Council of the 
19 
Department of National Defense in case of a radiological incident; 
20 
b. provide for the activities of an Emergency Response Center and for an international 
21 
exchange of information on the radiation situation, consistent with the State obligations 
22 
under the Convention on Early Notification of a Radiation Accident and the Convention 
23 
on Mutual Assistance in case of a Radiation Accident. 
24 
25 
PART X. EXPORTIIMPORT CONTROL 
26 
27 
SEC. 34. The Authority shall: 
28 
a. establish regulatory requirements and relevant guidelines for the exportation and 
29 
importation of nuclear and radioactive materials and ionizing radiation devices; 
23 


I 
b. coordinate with relevant agencies of government and establish appropriate formal 
2 
mechanisms for coordination to effectively implement these import/export 
control 
3 
measures for nuclear and mdioactive materials including devices that produce ionizing 
4 
radiation. 
5 
6 
PART XI. INTERNATIONAL COOPERATION 
7 
8 
SEC. 35. The safety of facilities and activities is of international concern. Several 
9 
international conventions relating to various aspects of safety are enforced. National 
10 
authorities, with the assistance of the regulatory body, as appropriate, shall establish 
11 
arrangements for the exchange of safety related information, bilaterally or regionally, with 
12 
neighboring states and other interested states, and with relevant intergovernmental 
13 
organizations, both to fulfill safety obligations and to promote cooperation. 
14 
IS 
PART XII. NUCLERAR SECURITY 
16 
17 
SEC. 36. The Authority shall coordinate with the relevant agencies of government 
18 
and establish appropriate regulations and regulatory guidelines to strengthen the security of 
19 
nuclear materials and radioactive sources that are authorized in the country, including those 
20 
which are abandoned, orphaned, lost, or stolen. 
21 
22 
PART XIII. RADIATION PROTECTION 
23 
\ 
24 
SEC. 37. The Authority shall: 
25 
a. take appropriate steps to ensure that in all operational states, the radiation exposure to the 
26 
workers and the public caused by nuclear installation shall be kept as low as reasonably 
27 
achievable, and that no individual shall be exposed to mdiation doses which exceed 
28 
prescribed national dose limits; 
24 


I 
h. maintain a national system for registration of licensees, registrants, imported and exported 
2 
selected items, ionizing radiation sources, and a record of exposure of the public and of 
3 
workers occupationally exposed to ionizing radiation at their work; 
4 
5 
PART XIV. ANNUAL REPORT 
6 
SEC. 38. Annual Report. - The Authority shall be obliged to provide the public with 
7 
adequate information concerning the results of its activities, unless they are subject to the 
8 
State's professional or commercial secrecy, and once a year to publish a report on its 
9 
activities and submit it to the President of the Philippines and Congress. 
10 
11 
12 
PART XV. CIVIL LIABILITY FOR NUCLEAR DAMAGE 
13 
14 
SEC. 39. Liability of the Operator - The installation operator shall be liable for 
15 
nuclear damage upon proof that such damage has been caused by a nuclear accident: 
16 
a. in his installation; or 
17 
b. involving nuclear material coming form or originating form his nuclear installation, and 
18 
occurring: 
19 
1. before liability with regard to nuclear incidents involving the nuclear material, has been 
20 
assumed, pursuant to the express terms of a contract in writing, by another installation 
21 
operator; or 
22 
2. in the absence of such express terms, before another installation operator has taken 
23 
charge of the nuclear material; 
24 
c. involving nuclear material sent to his nuclear installation, and occurring: 
25 
1. after liability with regard to nuclear incidents involving the nuclear material, has been 
26 
asswned by him, pursuant to the express terms of contract in writing, from another 
27 
installation operator; or 
28 
2. in the absence of such express terms, after he has taken charge of the nuclear material: 
29 
Provided, That if the nuclear damage is caused by a nuclear incident occurring in a 
25 


I 
nuclear installation and involving nuclear material stored therein incidentally to the 
2 
carriage of such material, the provisions of paragraph (a) of this Section shall not apply 
3 
where another installation operator or person is solely liable pursuant to the provisions of 
4 
subparagraph. (b) or (c) of this paragraph. 
5 
d. Any provisions in this Section to the contrary notwithstanding, the installation operator 
6 
shall be liable for nuclear damage upon proof that such damage has been caused by a 
7 
nuclear accident involving nuclear material in the course of carriage: 
8 
I. to his nuclear installation from a nuclear installation located outside the Republic of the 
9 
Philippines; or 
10 
2. from his nuclear installation to a nuclear installation located outside the Republic of the 
II 
Philippines. 
12 
The provisions of this paragraph sha11 be applicable only in the absence of applicable 
13 
provisions to the contrary in an effective international agreement to which the Philippine 
.' 14 
Government and the Government of the nuclear installation outside the Philippines are 
IS 
parties. 
16 
17 
SEC. 40. Absolute and Exclusive Liability. -
18 
a. The liability of the installation operator for nuclear damage shall be absolute; 
19 
b. The installation operator shall not be relieved of liability for nuclear damage because such 
20 
damage is caused directly or indirectly by a grave natural disaster of an exceptional 
21 
character; and 
22 
c. Except as otherwise provided in. this Act, no person other than the installation operator 
23 
shall be liable for nuclear damage. 
24 
25 
SEC. 41. Resource Actions. - The installation operator shall have a right of recourse 
26 
only if: 
27 
a. there is such a right pursuant to the express provision of a written contract with the other 
28 
installation operator; or 
26 


I 
b. the nuclear incident results form an act or omission done with intent to cause damage 
2 
against the individual who has acted or omitted to act with such intent. 
3 
4 
SEC. 42. Gross Negligence or Intentional Act of Claimant. - If the nuclear damage 
5 
resulted wholly or partly either from the gross negligence of the person suffering from the 
6 
damage, or from an act or an omission of such person done with intent to cause damage, the 
7 
Court may relieve the installation operator form his obligation to pay compensation in 
8 
respect of the damage suffered by such person. 
9 
SEC. 43. Exception to Liability. - No installation operator shall be liable for any 
10 
nuclear damage caused by a nuclear accident directly due to an act of armed conflict, 
11 
hostilities, civil war or insurrection .. 
12 
13 
SEC. 44. Limit of Liability. - The liability of installation operator for nuclear damage 
14 
under this Act shall be limited to an amount in Philippine pesos which is equivalent to one 
15 
hundred million dollars, United States currency, for anyone nuclear incident, exclusive of an 
16 
interest or costs which may be awarded by the Court in actions for compensation of such 
17 
nuclear damage. 
18 
19 
SEC. 45. Property for Which Installation Operator Not Liable. - The installation 
20 
operator shall not be liable under this Act for nuclear damage to the: 
21 
a. nuclear installation itself or to any property on the site of that installation which is used or 
22 
to be used in connection with that installation; or 
23 
b. means of transport upon which the nuclear material involved was located at the time of the 
24 
nuclear incident. 
25 
26 
SEC. 46. Liabilities Not Affected by This Act. - Nothing in this Act shall affect the 
27 
liability: 
27 


I 
a. of any individual for nuclear damage for which the installation operator, by virtue of 
2 
Sections 41 and 43 of this Act, is not liable under this Act and which that individual 
3 
caused by an act or omission done with intent to cause damage; or 
4 
b. the liability outside this Act of the installation operator for nuclear damage for which, by 
5 
virtue of sub-paragraph (b) of Section 43 of this Act, he is not liable under the provisions 
6 
of this Act. 
7 
8 
SEC. 47. Exclusions. - The Authority may, if it determines that the small extent of 
9 
the risk involved so warrants, exclude by regulation any small quantities of nuclear material 
10 
from the application of the provisions in Part VII of this Act: Provided, That (a) maximum 
11 
limits for the exclusion of such quantities have been established by the Board of Governors 
12 
of the International Atomic Energy Agency; and (b) any exclusion must be within the limits 
13 
so established. 
14 
15 
SEC. 48. Requirement of Financial Security. - No license to operate a nuclear 
16 
installation shall be issued unless the installation operator secures and maintains insurance or 
17 
other financial security covering his liability for nuclear damage under this Act. The 
18 
Authority, shall, by regulation, prescribe the type and terms of financial security herein 
19 
required, which may include private insurance, private contractual indemnity, self-insurance 
20 
or other proof of financial ability to pay damages under this Act or a combination of any 
21 
thereof: Provided, That, in fixing the type and terms of such financial protection, the 
22 
Authority shall be guided by the objectives of assuring to potential victims of a nuclear 
23 
incident adequate and effective compensation without imposing unreasonable burden on the 
24 
installation operator. 
25 
26 
SEC. 49. Certificate to Carrier. - In accordance with such regulations as the 
27 
Authority may issue, the appropriate installation operator shall provide the carrier which 
28 
furnishes carriage of nuclear material with a certificate issued by or on behalf of the insurer 
29 
or other financial guarantor furnishing the financial security under Section 46. the certificate 
28 


1 
shall be in such form and contain such information as may be prescribed by the Authority's 
2 
regulations, including the name and address of the appropriate installation operator, the 
3 
amount, type, and duration of the security and a statement that such information may not be 
4 
disputed by the person for whom or on whose behalf the certificate was issued. The 
5 
certificate shall indicate the nuclear material in respect to which the security applies and shall 
6 
include also a verification by the Authority that the person designated is an appropriate 
7 
installation operator within the meaning of the provisions of Part VII. 
8 
9 
SEC. 50. When Non-Nuclear is Damage Deemed Nuclear Damage. - Whenever 
10 
both nuclear damage and damage other than the same have been caused by a nuclear incident 
11 
or jointly by a nuclear incident and one or more other occurrences, such other damage shall, 
12 
to the extent that is not reasonably separable from the nuclear damage be deemed, for the 
13 
purposes of this Part, to be nuclear damage is caused jointly by nuclear incident. Where, 
14 
however, damage is caused jointly by nuclear incident covered by Part VII by an emission of 
15 
ionizing radiation not covered by this Part, nothing in this part shall limit or otherwise affect 
16 
the liability, either as regards any persons suffering nuclear damage or by way of recourse of 
17 
contribution, of any person who may be held liable in connection with that emission of 
18 
ionizing radiation. 
19 
20 
SEC. 51. Several Installation Operators Liable. - Where nuclear damage engages 
21 
the liability of more than one installation operator, the following rules shall apply: 
22 
a. Insofar as damages attributable to each operator are not reasonably separable, the 
23 
installation operators involved shall be jointly and severally liable; 
24 
b. In case the nuclear incident occurs in the course of carriage of nuclear material, either in 
25 
one and the same means of transport, or in the case of storage incidental to t5he carriage, 
26 
in one and the same nuclear installation and causes nuclear damage which engages the 
27 
liability of more than one installation operator, the total liability shall not exceed the 
28 
amount established in Section 42 of this Act; and 
29 


1 
c. In neither of the cases referred to in subparagraphs (a) and (b) of this Section shall the 
2 
liability of anyone installation operator exceed the amount established in section 42 
3 
hereof. 
4 
5 
SEC. 52. Operator of Several Installations. - Subject to the provisions of Sec. 49, 
6 
where several nuclear installations of one and the same installation operator are involved in 
7 
one nuclear incident, such installation operator shall be liable in respect of each nuclear 
8 
installation involved up to the amount established in Sec. 42 hereof. 
9 
10 
SEC. 53. Carrier or Handler of Nuclear Material as Installation Operator. - The 
11 
Authority may, subject to such terms and conditions as it may by regulation or order 
12 
prescribed, designate a carrier of nuclear material or a person handling radioactive waste, at 
13 
his request and with the consent of the installation operator concerned, as installation 
14 
operator in the place of that installation operator in respect of such nuclear material or 
15 
radioactive waste, respectively. Upon such designation, such carrier, or such person shall be 
16 
considered as an installation operator for the purpose of Part VII. 
17 
18 
SEC. 54. Government Indemnity. - The Government, through the Authority, shall 
19 
indemnify the installation operator liable and shall provide the necessary funds for the 
20 
payment of claims for compensation for nuclear damages which have been established 
21 
against the operator to the extent that the yield of insurance or other financial security is 
22 
inadequate to satisfy such claims: Provided, That the obligation of the Government under this 
23 
Section, together with the yield of insurance or other financial security, shall not in the 
24 
aggregate exceed the maximum amount established in Sec. 42 for any nuclear incident. 
25 
The Republic of the Philippines acting through such officer as may be designated by 
26 
the President shall enter into agreements of such indemnification with contractors or supplier 
27 
of goods or services for an atomic energy facility owned or operated by the government 
28 
pursuant to which the government agrees to indemnify and hold such contractors or suppliers 
29 
harmless form any loss or liability arising out of or in relation to a nuclear incident occurring 
30 


1 
in the Philippines in excess of the yield of the insurance or other security herein set forth, 
2 
Provided, however, That such indemnity shall in no case exceed the amount of Philippine 
3 
pesos which is equivalent to one hundred twenty million U.S. dollars. 
4 
5 
SEC. 55. When Claims Exceed Maximum Limit. -
6 
a. Upon petition of the installation operator liable or of the Authority, and upon showing 
7 
that the nuclear damages form a nuclear incident will probably exceed the limit of 
8 
liability established in Sec. 42 hereof, the Court having jurisdiction, shall issue such 
9 
orders as may be necessary to assure the equitable distribution of compensation, 
10 
including orders apportioning the payments to be made before final determination of the 
II 
total claims, and orders setting aside part of the funds available for possible latent injuries 
12 
no discovered until a later time; and 
13 
b. In any case where it appears that the nuclear damage caused by a nuclear incident 
14 
exceeds or will probably exceed the limit of liability established in Sec. 42 hereof, the 
15 
Authority shall furnish a report thereon to the Congress with its recommendations, 
16 
including any recommendations for the appropriation of additional funds to provide 
17 
compensation to those suffering nuclear damage. 
18 
19 
SEC. 56. Court Having Jurisdiction. - The Court of First Instance situated in the 
20 
place where the nuclear incident occurs shall have exclusive jurisdiction over the claims for 
21 
compensation for nuclear damage under this Act. 
22 
23 
SEC. 57. Intervention of Commission in Court Proceedings. - When, after the 
24 
occurrence of a nuclear incident, it appears that the Government will have to pay indemnity 
25 
pursuant to the provisions of Sec. 52 hereof, the court, having jurisdiction over the claims 
26 
for compensation arising from the nuclear incident shall allow the Authority, upon its 
27 
petition, to intervene in the proceedings, at any time before the final judgment. 
28 
31 


SEC. 58. Compulsory Examination. - After the occurrence of a nuclear incident for 
2 
which it appears compensation may be payable under Part VII of this Act, the Authority may 
3 
adopt such measures as may be appropriate to determine the persons who were or might have 
4 
been exposed to radiation resulting from such nuclear incident, which measures may include 
5 
a summons to such persons to submit themselves to examination before such authority 01' 
6 
body as shall be designated by the Authority within three (3) months from the date of 
7 
summons. In determining the amount of damages or the right to recover damages, the Court 
8 
may, in its discretion, take into account the inexcusable failure of the claimant to fulfill 01' 
9 
comply with the foregoing obligation. 
10 
11 
SEC. 59. Investigation of Nuclear Incidents. - The Authority shall make an 
12 
investigation of the cause and extent of any nuclear incident for which it appears that 
13 
compensation may be payable under this Act and its finding shall be made available to the 
14 
public, to the parties involved and to the courts. 
15 
16 
SEC. 60. Several Installations on the Same Site. - The Authority may determine that 
17 
several nuclear installations of one installation operator which are located at the same site 
18 
shall be considered as a single nuclear installation for purposes of Part VII of this Act. 
19 
20 
SEC. 61. Exemption of Government from Financial Security. - Nothing contained 
21 
herein shall be construed to require the government or any government agency or 
22 
instrumentality operating a nuclear installation to secure and maintain financial security to 
23 
cover its liability as installation operator. 
24 
25 
SEC. 62. Cancellation or Suspension of Financial Protection. - It shall be unlawful 
26 
for any insurer or other financial guarantor to suspend or cancel the insurance or other 
27 
financial security provided, pursuant to the provisions of this Act without giving such prior 
28 
notice in writing as may be required by the Authority's regulations. 
29 
32 


, . 
I 
SEC. 63. Against Whom Action for Compensation Brought. - Persons entitled to 
2 
compensation for nuclear damage under this Act may, at their option, bring the action for 
3 
recovery of such compensation against the operator liable or against the insurer or other 
4 
persons furnishing financial security as required by this Act. 
5 
6 
SEC. 64. Prescription of Rights and Actions. - Rights of compensation under this 
7 
Act shall prescribe after ten (10) years from the date of the nuclear incident. Furthermore, 
8 
actions for compensation under this Act shall be barred unless brought within three years 
9 
from the date on which the person suffering nuclear damage had knowledge or should have 
10 
had knowledge of the damage and of the installation operator liable for the damage: 
II 
Provided, however, That any person who claims to have suffered nuclear damage and who 
12 
has brought an action for compensation within the period applicable pursuant to this Section 
13 
may amend his claim to take into account any aggravation of the damage, even after the 
14 
expiry of that period: Provided, forther, That final judgment has not been entered in the case. 
15 
16 
SEC. 65. Prescription with Respect to Nuclear Materials Lost. - Where nuclear 
17 
damage is caused by a nuclear incident involving. nuclear material which at the time the 
18 
nuclear incident was stolen, lost, jettisoned, or abandoned, the period established pursuant to 
19 
Sec. 62 of this Act shall be computed from the date of that nuclear incident, but the period 
20 
shall in no case exceed a period of twenty years from the date of the theft, loss, jettison, or 
21 
abandonment. 
22 
23 
PART XVI. ENFORCEMENT AND PENALTIES 
24 
25 
The Authority shall promulgate and implement after due notice IS given, a 
26 
compliance monitoring and enforcement program, developed in accordance with 
27 
international guidance and consistent with other national laws for violations of this Act. 
28 
33 


" ' , 
1 
SEC. 66. Violation of Specific Provision of this Act. - Any person who willfully 
2 
violates, attempts to violate, or conspires to violate, any provision of Sections 23, 24, and 26, 
3 
shall upon conviction thereof, suffer the penalty of imprisonment of not more than five (5) 
4 
years or a fine of not more than one hundred thousand pesos (Php 100,000,00) or both. 
5 
6 
SEC. 67. Violation of Other Provisions of this Act. - Any person who shall willfully 
7 
violate, attempt to violate, or conspire to violate any provisions of this Act for which no 
8 
penalty is specifically provided or of any regulation, order pr license issued under the 
9 
Authority of this Act, shall, upon conviction thereof, suffer the penalty of imprisonment of 
10 
not more than two (2) years or a fine of not more than fifty thousand pesos (Php 50,000.00) 
II 
or both. 
12 
13 
14 
IS 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
a. 
b. 
c. 
SEC. 68. Modification and Revocation of License. -
The license shall be subject to revision or modification, and the terms and conditions of 
each license shall be subj ect to amendments, by reason of amendments to PNRI rules and 
regulations, or by reason of rules, regulations, and orders issued by the PNRI in 
accordance with this Act; 
Any license may be revoked, suspended, or modified in whole or in part, for any 
material, false statement in the application, or for violation of, or failure to observe any of 
the terms and conditions of the license or any pf the requirements and provisions of the 
regulations of this part or any rule, regulation, or order of the Authority; and 
Except in cases of willful violation or those in which the public health interest or safety 
requires otherwise, no license shall be modified, suspended or revoked until the licensee 
shall have been accorded an opportunity to demonstrate or achieve compliance with all 
lawful requirements. 
34 


· ' 
1 
PART XVII. ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW 
2 
3 
SEC. 69. Notice of Hearing. -
4 
a. In any proceeding under this Act for the granting, suspending, revoking or amending of 
5 
any license, including an application to transfer control of a license, or upon the issuance 
6 
of an order under Sec. 58 of this Act, the Authority shall hold a hearing upon the request 
7 
of any person whose interest may be affected and shall admit such person as a party to 
8 
the proceeding; 
9 
b. Except in cases where immediate action is required in order to protect the health and 
10 
safety of the public or the national interest, no order issued under Sec. 58 shall become 
11 
effective until after the license has had notice for a hearing and opportunity to be heard; 
12 
and 
13 
c. Where an order suspending, revoking or modifying a license, or an order issued under 
14 
Sec. 58 is made effective without prior notice for a hearing and opportunity to be heard, 
15 
the order shall only be temporary pending the hearing and issuance of a final decision in 
16 
the proceeding. 
17 
18 
SEC. 70. Notice of Regulation. - No regulation adopted by the Authority shall be 
19 
effective less than fifteen days after publication of the regulation in the Official Gazette, 
20 
except, that if the Authority finds that the health and safety of the public or the national 
21 
interest requires, the regulation may be made effective immediately upon publication in the 
22 
Official Gazette or upon furnishing copies of the regulation to the persons affected. 
23 
24 
SEC. 71. Licensee Incident Reports. - No report by any license of any incident 
25 
arising out of or in cormection with a licensed activity made pursuant to any requirement of 
26 
the Authority shall be admitted as evidence in any suit or action for damages growing out of 
27 
any matter mentioned in such report. 
28 
35 


• 
c 
I 
SEC. 72. Hearing Procedure. - All hearings and investigations before the Authority 
2 
shall be governed by rules adopted by the Authority: Provided, That in the conduct thereof, 
3 
the Authority shall not be bound by the technical rules of evidence, except that the Authority 
4 
shall as a matter of policy provide for the exclusion of the irrelevant, immaterial or duly 
5 
repetitious evidence. 
6 
7 
SEC. 73. Orders and Decisions. - All orders and decisions of the Authority taken in 
8 
any proceeding after hearing shall be in writing, stating clearly and distinctly the facts and 
9 
issues involved and the reasons on which the Authority's order or decision is based, and shall 
10 
be made available to the public. 
11 
12 
SEC. 74. Judicial Review. -
The Court of Appeals is hereby given the power of 
13 
judicial review over any final order or decision of the Authority rendered under Sec. 29 and 
14 
shall modify or set aside such order or decision when it clearly appears that there was no 
IS 
evidence before the Authority to support reasonably such order ore decision, or that the same 
16 
is contrary to law. Any such final decision or order may be reviewed by the Court of 
17 
Appeals on the application of any party or other person affected thereby, by certiorari in 
18 
appropriate cases, or by petition for review, in accordance with the Rules of Court, within 
19 
such period as the Authority may rule or prescribe 'but not exceeding thirty (30) days from 
20 
notice of such order or decision. An appeal shall not suspend the grant of a license, but shall 
21 
maintain the suspension or revocation of a license until after the final disposition of the 
22 
appeal by the Court of Appeals, unless said Court detennines otherwise. On questions of law 
23 
only such order or decision may be reviewed by the Supreme Court. 
24 
25 
PART XVIII. FINAL PROVISIONS 
26 
27 
SEC. 75. Separability Clause. - If any provision or part of a provision of this Act 
28 
or the application of such provision to any person or circumstance is held invalid, the 
36 


.. , 
I 
remainder of the provisions of this Act or the application of such provision to other 
2 
persons or circumstances shall not be affected thereby. 
3 
4 
SEC. 76. Effectivity Clause. - This Act shall take effect fifteen (15) days 
5 
following its publication in the Official Gazette or in at least two (2) newspapers of 
6 
general circulation. 
Approved, 
37