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

EIGHTEENTH CONGRESS.
1st Regular Session
652

House Bill No.

Introduced by Hon. Francis Gerald Aguinaldo Abaya

EXPLANATORY NOTE

The Science Act of 1958 (Republic Act No. 2067) created the Philippine
Atomic Energy Commission (PAEC). Among many other promoting-functions of
the PAEC, two duties are mentioned in the regulatory area:

- to issue rules and regulations for the protection of its personnel and

the general public and to undertake their enforcement, and

- to issue licenses for the use of radioactive material.

In an amendment of 1963 (Republic Act No. 3589) these regulatory duties
were singled out and placed under a separate article which also specifies that
“No person may manufacture, produce, transport, acquire, own possess, import
or export any radioactive material except in pursuance of a license issued in
accordance with this Act.”

In anticipation of the worldwide utilization of nuclear power plants, a
specific act was drawn up, the Atomic Energy Regulatory and Liability Act of
1968 (Republic Act No. 5207). With this Act, the previous Acts are somewhat
redundant in the area of nuclear installations. When contracts were drawn up for
the delivery and construction of the first nuclear power plant, a pressurized water
reactor of US origin, certain sections of the Atomic Energy Regulatory and
Liability Act of 1968 on limited indemnity had to be amended by Presidential
Decree No. 1484 (11 June 1977).

In 1987, the Philippine Nuclear Research Institute (PNRI), formerly the
PAEC, was reorganized and placed under the Department of Science &
Technology (DOST) by Executive Order No. 128 of the new government
(Reorganizing the National Science and Technology Authority). The dual role of
promotion and control of the peaceful use of atomic energy was maintained in
the PNRI functions. The PNRI is currently the only RDI (Research and
Development Institute) under the DOST with quasi-judicial functions. The
Department of Justice then opined as a result of subsequent PNRI
communications seeking specific clarification that PNRI has the same scope of
work with corresponding responsibilities and authority as the former PAEC.
Moreover, the PNRI also operates nuclear facilities which are exempted from
licensing by the law which created it. Since the beginning, PNRI laboratories and


nuclear facilities have never been subjected to regulatory control and licensing
to ensure that international standards of nuclear safety are complied with.

In a related development in 1977, the Radiation Health Office (RHO), later
renamed Radiation Health Service (RHS), now the Bureau of Health Devices
and Technology (BHDT) was created in the Department of Health (DOH) through
Presidential Decree 480 as amended by PD 1372 to control and regulate x-rays
and other electrically generated radiation devices, among others. The effective
implementation of a national radiation control program for ionizing radiation
entails much closer coordination, collaboration and harmonization of standards
of two regulatory bodies (PNRI & BHDT) currently under two different line
departments (DOST & DOH) who are both operators of radiation devices and
nuclear facilities. Technological advances in medical imaging incorporates the
use of radioactive materials and electrically generated radiation in one machine
and can cause undue burden to medical users in having to deal with two separate
regulatory authorities.

At present, several Acts, Decrees and Orders appear to be operative.
Earlier actions were not always repealed or revoked when new decisions were
put in force. This fragmentation has resulted in differences in interpretation of the
scope, responsibility, and authority of the regulatory bodies between the
subsequent acts, decrees, and orders.

According to its legal mandate, the PNRI is presently performing both
regulatory and promoting functions. Although it was a common approach in the
early 1960's of nuclear energy application and nuclear power development to
have a regulatory body attached to some form of atomic energy organization,
present internationally recognized safety principles require that the regulatory
body be effectively independent of the organization charged with the promotion
or utilization of nuclear energy. Even allowing for constitutional differences and
approached between countries, it is imperative to provide the legislative basis for
an independent unified nuclear regulatory body in the Philippines. This new
legislation proposes, among others, to encompass the relocation of all regulatory
activities presently performed in the PNRI under DOST and those in the BHDT
under DOH, which are specific to ionizing radiation regulation; to a position within
the governmental organizational structure, such as the Office of the President,
that guarantees that controlling functions of a regulatory body are separate
from the promoting functions.

For the foregoing reasons, the approval of this bill is earnestly sought.

FRANCIS GERALD AGUINALD}

Representative, First Disth



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. oe

Introduced by Hon. Francis Gerald Aguinaldo Abaya

AN ACT PROVIDING FOR A COMPREHENSIVE NUCLEAR REGULATION,
CREATING FOR THE PURPOSE, THE PHILIPPINE NUCLEAR REGULATORY
COMMISSION, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
ARTICLE |
GENERAL PROVISIONS
SECTION 1. Short Title. —This Act shall be known as the “Comprehensive Nuclear

Regulation Act’.

SECTION 2. Declaration of Policy. — It is hereby declared to be the policy of the

State to:

(2) Harness the peaceful uses of nuclear energy that can provide important benefits in
many fields, including health and medicine, energy production, scientific research,
agriculture, industry, and education;

(b) Recognize the potentially harmful effects of ionizing radiation resulting from improper
use, accidents, and/or malicious acts;

(c) Protect individuals, society and the environment from the potentially harmful effects
of ionizing radiation, including those resulting from improper use, accidents or
malicious acts;

(4) Establish and maintain a legal and regulatory framework for the regulation and
control of peaceful uses of radiation sources, nuclear material and any other
radioactive material;

(e) Manage radioactive waste in a manner that protects current and future generations
from undue impacts; and

() Establish and maintain a legal and regulatory framework for implementing effective
measures to prevent, detect and respond to unauthorized acts involving nuclear


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material, other radioactive sources or associated facilities that may cause injury to
persons, property or the environment or otherwise jeopardize national security
SECTION 3. Objectives. —The objectives of this Act are:

To provide a legal framework that adequately protects public health and safety and
the environment against the harmful effects of ionizing radiation, and for the safety
and security of radiation sources;

To establish the Philippine Nuclear Regulatory Commission (PNRC), for the purpose
of exercising regulatory control over the peaceful uses of ionizing radiation in the
territory or area under the jurisdiction or control of the Republic of the Philippines,
including the production, possession, use, import, transport, transfer, handling and
management of radioactive materials, or other activities or practices identified by the
PNRC;

To establish and maintain a regulatory system for the formulation and adoption of
regulations and guides on the use of ionizing radiation that specify the principles,
requirements and associated criteria for safety and security upon which regulatory
judgments, decisions and actions are based; and

To enable the Philippines to fulfil its obligations under relevant intemational
instruments entered into by the Philippines, in particular, the Treaty on the Non-
Proliferation of Nuclear Weapons (NPT); the Treaty on Southeast Asia Nuclear
Weapon-Free Zone; Comprehensive Test Ban Treaty; the Agreement between the
Philippines and the International Atomic Energy Agency (IAEA) for the Application of
Safeguards in Connection with the NPT (the Safeguards Agreement); Additional
Protocol to Safeguards Agreement; Vienna Convention on Civil Liability for Nuclear
Damage; Agreement on the Privileges and Immunities of the IAEA; Convention on
the Physical Protection of Nuclear Material, United Nations Resolutions on Nuclear
Security, and other relevant international instruments entered into by the Republic of
the Philippines.

SECTION 4. Scope. —

This Act shall apply to all activities and practices involving ionizing radiation sources,
including nuclear and other radioactive materials, facilities and radiation generating
equipment.

This Act shall not apply to activities or practices involving exposures that have been
exempted from regulatory control through regulations established by the PNRC.
SECTION 5. Definitions. — As used in this Act:

Activity refers to the amount of radionuclide produced in a given energy state at a
given time;


(b)

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Authorization refers to a permission granted by the PNRC to a person who has
submitted an application involving nuclear and radioactive materials and facilities,
and ionizing radiation generating equipment. The authorization can take the form of a
notification, a registration, or a license;

Decommissioning refers to the administrative and technical actions taken to allow
the removal of some or all of the regulatory controls from a facility to ensure the long
term protection of the public and the environment, and typically include reducing the
levels of residual radio nuclides in the materials and on the site of the facility so that
the materials can be safely recycled, reused or disposed of as exempt waste or as
radioactive waste and the site can be released for unrestricted use or otherwise
reused;

Emergency plan refers to a description of the objectives, policy and concept of
‘operations for the response to an emergency and of the structure, authorities and
responsibilities for a systematic, coordinated and effective response. The emergency
plan serves as the basis for the development of other plans, procedures and
checklists;

Emergency preparedness refers to the capability to take actions that will effectively
mitigate the consequences of an emergency for human health and safety, quality of
life, property, and the environment;

Emergency response refers to the performance of actions to mitigate the
consequences of an emergency for human health and safety, quality of life, property,
and the environment;

Exclusion refers to the deliberate excluding of a particular category of exposure from
the scope of an instrument of regulatory control on the grounds that it is not
considered amenable to control through the regulatory instrument in question.
Exemption refers to the determination by the PNRC that a source or practice need
not be subject to some or all aspects of regulatory control on the basis that the
exposure, including potential exposure, due to the source or practice being too small
to warrant the application of those aspects or that this is the optimum option for
protection irrespective of the actual level of the doses or risks;

Facilities refer to nuclear installations or radiation facilities in which people may be
exposed to ionizing radiation. These include:

1) uranium mining and raw material processing facilities such as uranium mines;

2) enrichment and fuel manufacturing plants;

3) nuclear power plants;

4) other reactors such as research reactors and critical assemblies;

5) spent fuel reprocessing plants;


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6) radioactive waste management facilities;

7) radiation generator installations and facilities;

8) irradiation installations;

9) nuclear and radiation facilities for medical, industrial, research and education
purposes; and

10) such other facilities as the PNRC shall determine from time to time;

Facility operators or operators refer to any organization or person applying for

authorization or authorized and/ or responsible for nuclear, radiation, radioactive

waste or transport safety when undertaking activities or in relation to any nuclear

facility or sources of ionizing radiation. This includes, inter alia, private individuals,

governmental bodies, consignors or carriers, licensees, hospitals, and self-employed

persons;

Income refers to the fees and other payments given to the PNRC in the conduct of

its regulatory functions;

Individual operator refers to any individual who manipulates the controls of a

nuclear installation and radiation facility;

Installation operator or Operator refers to any person, organization, or government

entity licensed or authorized to undertake the operation of a nuclear or radiation

facility;

lonizing radiation refers to electromagnetic or particulate radiation capable of

Producing ion pairs directly or indirectly;

lonizing radiation sources refer to nuclear and other radioactive materials facilities

and radiation generating equipment;

License refers to a legal document issued by the PNRC granting authorization to

Perform specified activities related to facilities or activities; or any authorization

granted by the PNRC to the applicant to have the responsibility for the siting, design,

construction, commissioning, operation or decommissioning of a nuclear installation;

Licensee refers to the authorized person who is a holder of a valid license granted

for a practice or source who has recognized rights and duties for the practice or

source, particularly in relation to protection and safety; or an organization having

‘overall responsibility for facilities or activities;

Natural sources refer to naturally occurring sources of radiation, such as the sun

and stars (sources of cosmic radiation) and rocks and soil (terrestrial sources of

radiation);

‘Nuclear accident refers to any unintended event, including operating errors,

equipment failures and other mishaps, the consequences or potential consequences

cof which are not negligible from the point of view of protection or safety;

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Nuclear damage refers to loss of life, any personal injury or any loss, or damage to,

or loss of use of property, which arises out of or results from the radioactive, toxic,

explosive or other hazardous properties, or any combination thereof, of nuclear fuel

or radioactive products or any waste in, or of nuclear materials coming from,

originating in, or sent to, a nuclear installation or from the ionizing radiation emitted

by any other sources of radiation inside a nuclear installation. Personal injury

includes any physical or mental injury, sickness or disease, death whether caused

directly by a physical trauma or otherwise;

Nuclear incident refers to any occurrence or series of occurrences having the same

origin which causes nuclear damage or, but only with respect to preventive

measures, creates a grave and imminent threat of causing such damage;

‘Nuclear installation refers to any of the following:

1) a nuclear reactor for research or production of nuclear materials for industrial or

medical use (including critical and sub-critical assemblies);
2) a plant for preparing or storing fuel for use in a nuclear reactor as described in
paragraph (1);

3) anuclear waste storage or disposal facility with an activity that is greater than the

activity level prescribed by regulations made for the purposes of this law;

a facility for production of radioisotopes with an activity that is greater than the

activity level prescribed by regulations made for the purposes of law this section;

and

any other facility that is prescribed for the development, production or use of

nuclear energy or the production, possession or use of a nuclear substance,

prescribed equipment or prescribed information;

Nuclear material refers to:

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 materials;
and

2) Plutonium except that with isotopic concentration exceeding 80% in
plutonium-238; uranium-233; uranium enriched in the isotope 235 or 233;
uranium containing the mixture of isotopes as occurring in nature other than
in the form of ore or ore residue; any material containing one or more of the
foregoing;

Nuclear or radiological emergency refers to a non-routine situation that

necessitates prompt action primarily to mitigate a hazard due to the energy resulting

from a nuclear chain reaction or from the decay of the products of a chain reaction; or

4)

5)

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radiation exposure or adverse consequences for human health and safety, quality of
life, property or the environment;

‘Nuclear safety refers to the achievement of proper operating conditions of nuclear
installations, proper handling and use of nuclear material, prevention of accidents or
mitigation of consequences of accidents resulting in protection of workers, the public,
and the environment from undue radiation hazards;

Physical protection refers to technical and organizational measures for protection
from nuclear material or authorized facilities designed to prevent unauthorized
access with nuclear installations, nuclear materials and other radioactive materials;
Practices refer to activities that introduce additional sources of exposure or exposure
pathways or extends exposure to additional people or modifies the network of
exposure pathways from existing sources, so as to increase the exposure or the
likelihood of exposure of people or the number of people exposed;

Radiation facility refers to a facility that utilizes radioactive materials; particle
accelerator facility; and other such facility that the PNRC shall determine from time to
time;

Radiation generating equipment or radiation generator refers to an equipment or
device that generates ionizing radiation when energized (e.g., x-ray generating
equipment) or that would, if assembled or repaired, be capable of producing ionizing
radiation when energized or an equipment as the PNRC shall from time to time
determine;

Radiation protection refers to the protection of people and the environment from the
harmful effects of ionizing radiation;

Radiation source refers to a radiation generator, or @ radioactive source or other
radioactive material outside the nuclear fuel cycles of research and power reactors;
Radioactive material refers to any material designated in national law or by a
regulatory body as being subject to regulatory control because of its radioactivity
which includes sealed and unsealed sources and radioactive waste;

Radioactive source refers to a radioactive material permanently sealed in a capsule
or closely bonded and in a solid form and which is not exempt from regulatory
control. This also includes any radioactive material released if the radioactive source
is leaking or broken, but does not include material encapsulated for disposal, or
nuclear material within the nuclear fuel cycles of research and power reactors;
Radioactive waste refers to waste substances, objects or equipment for which no
further use is foreseen by their owner, with a radionuclide content or surface
radionuclide contamination exceeding values permitting their discharge into the
environment. These values shall be set out in an implementing regulation;

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Radioactive waste disposal refers to the permanent emplacement of radioactive
waste into a suitable facility or installation without intent to retrieve it;

Radioactive waste and spent fuel storage refers to the holding of radioactive
sources, spent fuel or of radioactive waste in a facility that provides for their
containment, with the intention of retrieval at a future date;

Radionuclide refers to an unstable form of a chemical element that radioactively
decays, resulting in the emission of nuclear radiation;

Registrant refers to the holder of a current registration;

Registration refers to a form of authorization for practices of low or moderate risks
whereby the person responsible for the practice has prepared and submitted a safety
assessment of the facilities and equipment to the Philippine Nuclear Regulatory
Commission created under Article II, Sec. 6 of this Act and has complied with the
legal requirements. The requirements for safety assessment and the conditions or
limitations applied to the practice should be less severe than those for licensing.
Typical practices that may be registered are those undertaken in facilities whose
design and equipment ensure safety, or those whose operating procedures are
simple and easy to follow, those that require minimal safety training, or those that
historically have produced minimal safety problems;

Safeguards refer to measures undertaken to ensure that the nuclear material, non-
nuclear material, services, equipment, facilities, information and certain items are not
used for the manufacture of nuclear weapons or any other nuclear explosive devices
or to further any military purpose;

Safety refers to measures intended to minimize the likelihood of accidents involving
radiation sources, nuclear material and their associated facilities;

Security refers to the prevention and detection of and response to, theft, sabotage,
unauthorized access, illegal transfer or other malicious acts involving nuclear
material, other radioactive substances or their associated facilities;

Source refers to anything that may cause radiation exposure — such as by emitting
ionizing radiation or by the release of radioactive substances or material — that can
be treated as a single entity for protection and safety purposes;

‘Special Drawing Right, hereinafter referred to as SDR, refers to the unit of account
defined by the International Monetary Fund and used by it for its own operations and
transactions;

Special fissionable materials refer to Plutonium-239, Uranium-233, Uranium
enriched in the isotopes 235 or 233 and materials containing one or more of the
foregoing in concentration or amount exceeding values established by the Philippine
Nuclear Regulatory Commission;


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Spent Nuclear Fuel refers to nuclear fuel that has been irradiated in and
permanently removed from a reactor core; and

Technical and Scientific Support Organization refers to external organization or
group of experts who are not part of the Philippine Nuclear Regulatory Commission's
permanent staff from whom it may seek advice or recommendations in the conduct of
its regulatory responsibilities.

ARTICLE Il
THE PHILIPPINE NUCLEAR REGULATORY COMMISSION
SECTION 6. Creation of the Philippine Nuclear Regulatory Commission.—There

is hereby created an independent central nuclear regulatory body to be known as the
Philippine Nuclear Regulatory Commission (PNRC) that shall exercise authority over all
aspects of safety, security, and safeguards involving nuclear materials and other radioactive
materials, facilities, and radiation generating equipment.

SECTION 7. Regulatory Policy. — \n issuing authorizations and regulations under

‘this Act, the PNRC shall:

(a)

(b)

(©)

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(a)

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Impose the minimum requirements to protect the health and safety of the public and
the environment, and ensure the security of ionizing radiation sources;

Prevent the spread of nuclear weapons and prevent nuclear or radiological terrorism
consistent with the obligations of the Philippines under relevant international
instruments;

Establish and implement regulations, rules and orders consistent with relevant
international standards and best practices; and

Ensure that operators are technically and financially qualified to engage in the
proposed activities in accordance with the requirements of this Act and the PNRC’s
regulations, and has financial protection to futfill obligations on liability for nuclear and
radiation damage.

SECTION 8. Functions of the PNRC. - The PNRC shall:

Define, formulate, develop, and issue policies, regulations, standards, and other
issuances necessary for the regulations and standards, regulatory guides, and other
documents necessary for the implementation of this Act and its implementing rules
and regulations;

Issue, amend, and revoke rules, regulations and orders pertaining to the financial
capability of operators to cover liability for nuclear damage;


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Establish and implement a system of authorization in the form of notification,
registration, and licensing, including modifications, amendments, suspension and
revocation of such authorizations;

Review and assess submissions on safety assessments and security plans from the
facility operators prior to authorization and periodically thereafter, as required;
Inspect, monitor, and assess activities and practices to ensure compliance with
applicable regulations, and the terms and conditions of authorizations;

Take enforcement measures as provided for under Section 22 of this Act in the event
of non-compliance with applicable regulations or the terms and conditions of
authorizations;

Define exemptions and exclusions from regulatory control;

Ensure the application of safety, safeguard and security requirements consistent with
national and intemational commitments;

Hold hearings and conduct investigations, and for these purposes, administer oaths
and affirmations and issue subpoenas to any person to appear and testify, or to
appear and produce documents at any designated time and place;

Cooperate with other governmental or non-governmental bodies that are competent
in such areas as health and safety, environmental protection, security and
transportation of nuclear and related dangerous goods;

Act as the national authority on nuclear safety, security and regulatory matters
relative to the International Atomic Energy Agency (IAEA), foreign govemments,
relevant regional and intemational organizations, including law enforcement and
intelligence agencies;

Participate in relevant regional and international conferences related to safety,
security, and safeguards of nuclear and other radioactive materials and safety of
radiation generating equipment;

Obtain experts’ advice and opinions necessary to perform its functions, including the
hiring of consultants, contracting of specific projects, or establishing Technical and
Scientific Support Organizations (TSOs) or ad hoc advisory bodies;

Cooperate with other relevant government agencies to establish and maintain a
national radiological emergency preparedness and response plan;

Carry out or contract research activities on radiation safety and security;

Establish appropriate mechanisms and procedures for informing and consulting the
public and other stakeholders about the regulatory process and the safety, health,
and environmental aspects of regulated activities and practices, including incidents,
accidents and abnormal occurrences;


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(q) Exercise regulatory contro! with respect to ionizing radiation sources, including
issuing authorization;

(a) Establish and maintain a national register of radiation sources;

(8) Establish and maintain a national register of persons authorized to carry out activities
or practices under this law;

() Cooperate with the IAEA in the application of safeguards in accordance with the
Safeguards Agreement, and any protocols thereto, between the Republic of the
Philippines and the IAEA, including conducting inspections and visits, carrying out
complementary access and providing any assistance or information required by
designated IAEA inspectors in the fulfilment of their responsibilities;

(u) Establish and maintain a State System of Accounting for and Control of nuclear
material and a national system for the registration of licenses for nuclear material,
and to establish the necessary reporting and record keeping and requirements
pursuant to the Safeguards Agreement, and any protocols thereto, between a State
and the IAEA;

(v) Perform such other relevant functions necessary to implement the provisions of this
Act.

Nothing in this Act shall preclude the authorized agents of the Department of National
Defense and other law enforcement agencies to conduct inspections of atomic energy
facilities, materials or any activity jointly with the authorized representatives of the PNRC
when the national security of the state is involved.

SECTION 9. Management System. — The PNRC shall establish, implement, and
assess a management system that is aligned with its safety goals and contributes to its
achievement. The PNRC shail ensure that regulatory control is stable and consistent.

SECTION 10. Organizational Structure of the PNRC. - The PNRC shall be headed
by a Commissioner who shall be appointed by the President for a term of five (5) years with
a rank equivalent to an Undersecretary. The Commissioner shall be assisted by four (4)
Deputy Commissioners who shall be appointed by the President with a rank equivalent to
Assistant Secretary, and who shall serve a term of five (5), four (4), three (3) and two (2)
years, respectively. Thereafter, the successors shall be appointed to serve for five (5) years.
The four deputy commissioners shall represent the following sectors: (a) health, (b) energy,
(©) defense and security, and (d) industry which shall include research, industry, agriculture,
and environment. The commissioner may come from any of the aforesaid sectors.

The Commissioner or at least one (1) Deputy Commissioner shall have the
necessary scientific and technical qualifications, preferably an advanced degree in natural
sciences or a broad professional background in any of the said fields.


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The members of the PNRC shall not be removed from office except for just cause
and after due process as provided by law.

For the proper management and effective implementation of the objectives of the
PNRC, an Executive Director shall be appointed by the President upon the recommendation
of the Commission, and shall perform the following functions:

(a) Assist the Chairperson in the discharge of the executive and administrative functions;

(b) Coordinate and direct the activities of the staff and is responsible for the day-to-day
management of the affairs and activities of the PNRC;

(c) Recommend and develop plans to achieve the PNRC’s objectives; and

(4) Perform such other relevant functions necessary to implement the provisions of this

Act.

All other officials and employees of PNRC shall be appointed by the Chairperson
subject to the civil service laws, rules and regulations.

SECTION 11. Official Site of PNRC. ~ A land area equivalent to at least ten (10)
hectares out of the area of lands which are under the administration of the Bases
Conversion and Development Authority (BCDA) within the Clark Special Economic Zone in
Pampanga and Tarlac, shall be allocated exclusively for the PNRC office: Provided. That the
PNRC shall establish additional offices in strategic areas it may deem necessary: Provided
further, That the boundaries and technical descriptions of these land areas shall be
determined by an actual and joint group survey.

SECTION 12. Fees and Charges. - The PNRC is authorized to charge and collect
reasonable fees in the performance of its regulatory functions: Provided, That such fees
shall be imposed by regulation on the basis of such published criteria as the PNRC deems
appropriate. The fees and charges collected by the PNRC shall be deposited with the
Bureau of the Treasury as income of the general fund pursuant to Section 44, Chapter 5,
Book VI of Executive Order No. 292, s, 1987.

SECTION 13. Nuclear Waste Management Fund. — A portion of the payment of the
electricity generated from the use of nuclear energy shall be set aside to establish a Nuclear
Waste Management Fund in view of the importance of nuclear waste disposal and spent
fuel. The Fund shall be held in escrow and can only be utilized for the safe disposal of the
nuclear waste which shall include siting research, transport, and final geological disposal.
‘Such payment portion shall be determined by the PNRC based on international practice.

SECTION 14. Technical and Scientific Support Organizations. - The PNRC is
authorized to seek expert opinion and recommendations from independent technical and
scientific support organizations that do not pose a conflict of interest or improperly influence
the PNRC’s regulatory decision making. Any advice offered shall not relieve the PNRC of its
responsibilities under this Act, other relevant laws and applicable regulations.

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SECTION 15. Establishment of an Advisory Board. - There shall be established
an advisory board to assist and advise the Commissioners on safety and security matters
arising from the use of nuclear and radioactive materials and from the operation of nuclear
installations and radiation facilities, and on regulations applicable to such authorizations. The
advisory board shall be composed of not more than twelve (12) members as follows:

a) Secretary of the Department of Science and Technology, as Chairperson;

b) Secretary of the Department of Health, as Vice Chairperson;

©) Secretary of the Department of Energy, as Member;

4d) Secretary of the Department of Environment and Natural Resources, as Member;

e) Secretary of the Department of National Defense, as Member,

f) Secretary of the Department of Trade and industry, as Member;

9) Secretary of the Department of Agriculture, as Member; and

h) A maximum of five (5) experts from the academe or non-government

organizations, or both.

The advice of the Board shall not be disregards by the PNRC in its decisions or
resolutions: Provided, however, That the decision of the PNRC shall prevail, The PNRC shall
be ultimately accountable for its decisions and actions.

The Advisory Board may be convened anytime by the Chairperson, or upon the
request of the PNRC.

ARTICLE Ill
REGULATION AND AUTHORIZATION OF NUCLEAR INSTALLATIONS AND RADIATION
FACILITIES
SECTION 16. Activities Subject to Authorization. ~ It shall be unlawful for any
person to transfer, construct, receive, own, possess, operate, import or export any nuclear

installations and radiation facility except under an authorization issued by the PNRC. A

Person or organization shall be required specific authorization issued by the PNRC to

conduct any of the following activities or practices:

(2) Transfer, receipt, acquisition, ownership, possession, or use of nuclear or radioactive
material for medical, industrial, agricultural and research applications;

(b) Manufacture and distribution of radioactive materials or products containing
radioactive materials to other licensees or persons exempt from the requirements for
alicense;

(c) Produce of radioactive materials from particle accelerators;

(4) Operate and maintenance of ionizing radiation facilities for scientific research,
industrial, and medical purposes;


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(e)

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(a)

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Siting, construction, commissioning, operation, dismantling, decommissioning, and
closure nuclear installations;

Transport of nuclear or radioactive materials to, within, and from the Philippines; and
Engaging in or provision of nuclear technical services.

SECTION 17. Requirement for Authorization. —

‘Any person who intends to engage in any activity or practice mentioned in the
immediately preceding section shall submit an application to the PNRC indicating its
intention to carry out such activity or practice in the form and within the time limits
prescribed by the PNRC;

No authorization to acquire, own, or operate any nuclear installation and radiation
facility shall be issued to an alien, or any corporation or other entity which is owned
or controlled by an alien, a foreign corporation, or a foreign government. For
Purposes of this Act, a corporation or other entity may be granted authorization to
acquire, own, or operate a nuclear installation and radiation facility only if at least
60% of its capital stock is owned by Filipino citizens.

SECTION 18. Licensing Process and Conditions for Issuance of Authorization.

— The PNRC shalll provide for the licensing process and the conditions for the issuance of
the appropriate authorization in the rules and regulations (IRR) to be issued to implement
this Act.

(a)

(b)

(©)

SECTION 19. Responsibilities of the Authorized Person. -

Any person authorized to conduct the activities or practices specified in Section 16
shall have the primary responsibility for the safe and secure conduct of those
activities or practices and for ensuring compliance with this Act and all applicable
regulatory requirements and conditions of the authorization related to those activities
or practices.

Any person authorized to conduct activities or practices shall provide the PNRC with
any requested assistance in the performance of its regulatory functions.

Any person who intends to discontinue the conduct of activities so authorized by the
PNRC shall duly inform the latter at least six (6) months prior to actual cessation of
those activities or practices.

SECTION 20. Provisional Authorization. — In all cases of application for

authorization to construct a facility, if the PNRC finds that, on the basis of the technical
information and data so far made available to it, there is reasonable assurance that the
Proposed facility can be constructed and operated at the proposed location without undue
risk to the health, safety and security of the public and the environment, it shall issue the
appropriate authorization to operate the facility: Provided, That in cases where there is
insufficient data or information on health, safety, and security, or if there is a need to

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generate or validate such data or information, the PNRC may issue a provisional authority to

operate such facility for as long as in its determination, there is reasonable assurance that

questions of health, safety, and security will be so resolved as to warrant the issuance of an
authorization to operate the facility: Provided, however, That the provisional authority to
operate the facility shall cover a period not to exceed one (1) year.

SECTION 21. Additional Requirements in Case of Nuclear Installation for
Commercial Power: Exemptions. — Nothing in this Act shall be construed to exempt the
operator of a nuclear facility designed primarily for the generation of electricity for
commercial purposes from complying with other requirements provided by existing laws,
such as securing a franchise, a certificate of public convenience and necessity, and
obtaining approval for rates and services from the appropriate agency: Provided, however,
That upon certification by the PNRC, importations of nuclear fuel for use in these facilities
shall be free from all taxes and duties in accordance with incentives under the pertinent
provisions of Republic Act No. 5186, otherwise known as the “Investment Incentives Act.”

‘SECTION 22. Inspections and Enforcement. ~
(2) The PNRC shall implement a system of inspection of nuclear and radiation facilities

and transport based on the provisions of this Act to verify compliance with the

applicable requirements and conditions of any authorization issued under Section 16.
(b) The PNRC shall implement a system of verification of the safety and security of

nuclear and other radioactive material through safety and security assessments;

monitoring and verification of compliance with any authorization issued under Section

16; inspections; and the maintenance of appropriate records by licensees. The

verification system shall be provided for in the regulations issued under this Act.

(c) Where the PNRC has established that any person has committed a violation of
relevant nuclear safety, security and safeguards regulations issued under this Act,
the conditions of an authorization issued under Section 16, or other requirements that
do not constitute a criminal offense under Sections 59 and 60 of this Act, it may
impose by order any of the following penalties in conformity with the proceedings
provided for in Section 23: suspension, modification, and revocation of authorization,
or imposition of a civil monetary penalty.

SECTION 23. Suspension, Modification, and Revocation of Authorizations. -
Any authorization issued pursuant to this Act may be suspended, modified or revoked by the
PNRC in the event of a willful violation of its conditions, when circumstances in which the
public interest, health, safety, or security so requires, when the conditions under which it was
issued are no longer complied with, or in any circumstance that continued activity under the
authorization shall pose an unacceptable risk to people or the environment. Provided, That
the licensee shall have been accorded an opportunity to demonstrate or achieve compliance

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with the requirements. In all instances, the PNRC shall provide information to the public on
the procedures and requirements for suspension, modification, renewal, revocation or
relinquishment of authorizations.

No authorization shall be transferred, assigned, encumbered, or in any manner
disposed of, either voluntarily, or involuntarily, directly or indirectly, unless the PNRC shall,
after securing full information, find that such transfer, assignment, encumbrance, or other
disposition is in accordance with the purposes and provisions of this Act and shall give its
consent in writing.

Upon the suspension, revocation, or expiration of an authorization which is not
renewed, and pursuant to PNRC order, the licensee shall be required to take such measures
as may be necessary to protect the health and safety of the public, and the environment
from the harmful effects of radiation, and ensure security of radioactive material and
facilities.

Whenever practicable, the PNRC may take temporary custody of any nuclear and
other radioactive material and facility held by the licensee pending their appropriate and
lawful disposition by or for the licensee.

ARTICLE IV
RADIATION PROTECTION
SECTION 24. Regulatory Control to Ensure Radiation Safety. —
(a) The PNRC shall take the appropriate steps to ensure that:

(1) _ No activity or practice shall be authorized unless it produces sufficient benefit to
the exposed person or to the society in a manner that offsets the radiation harm
that it may cause;

(2) The magnitude of individual doses, the number of persons exposed and the
likelihood of incurring exposures shall all be kept as low as reasonably
achievable, economic and social factors considered; and

(3) No individual shall be exposed to ionizing radiation doses which exceed
prescribed national dose limits;

(b) The PNRC shall establish dose limits for persons that may not be exceeded in
conducting activities under regulatory control;

(c) The PNRC shall identify sources or practices to be exempted from regulatory control.

(4) The PNRC shall establish clearance levels below which radioactive material within
authorized activities and practices can be released from regulatory control.

(e) The PNRC shall ensure that authorized facilities maintain a record of exposure of the
public, patients, and of workers occupationally exposed to ionizing radiation at their
work; and


(©)

The PNRC shall promulgate appropriate regulations and related guidelines to
address all issues and concems related to exposure to ionizing radiation from natural
sources.

SECTION 25. Responsibilities of Authorized Persons in Radiation Protection. —
The authorized person shall bear the prime responsibility for ensuring the safety and
security of the facility and of all activities and practices associated with it;

Authorized persons shall ensure compliance with the requirements and dose limits
established by the PNRC and shall ensure that radiation doses to workers and the
public, including doses from releases to the environment, are as low as reasonably
achievable, taking into account social and economic factors;

Persons authorized to conduct activities utilizing ionizing radiation for medical
purposes shall ensure the overall patient protection and safety in the prescription of,
and during the delivery of, medical exposures.

ARTICLE V
EMERGENCY PREPAREDNESS AND RESPONSE
SECTION 26. Emergency Plan. — No authorization or license to conduct an activity

or practice, operate a facility or possess or use a source may be granted unless and until an

appropriate emergency preparedness and response plan has been developed by the
applicant and approved by the PNRC.

(a)

(b)

(c)

SECTION 27. Emergency Preparedness and Response. — The PNRC shall:
Develop and maintain a national emergency plan for responding to potential nuclear
or radiological emergencies.

Coordinate the task of the radiological emergency response organization of the
PNRC within the framework of the National Disaster Risk Reduction and
Management Council (NDRRMC) of the Department of National Defense in the event
of a nuclear and radiological emergency; and

Provide for the activities of an emergency response center and for an international
exchange of information on the radiation situation, consistent with the Philippines’
obligations under the Convention on Early Notification of a Nuclear Accident and the
Convention on Mutual Assistance in the Case of a Nuclear Accident or Radiological
Emergency.

ARTICLE VI
TRANSPORT OF NUCLEAR AND OTHER RADIOACTIVE MATERIAL
SECTION 28. Regulation in the Transport of Nuclear and Other Radioactive

Material. - The PNRC shall establish and implement safety and security requirements for

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the transport of nuclear and other radioactive material to, from and within the jurisdiction of
the Philippines consistent with the Intemational Atomic Energy Agency (IAEA) regulations for
the safe and secure transport of radioactive material.

SECTION 28. Requirements for Authorization. — No person shall engage in the
transport of radioactive material without an authorization issued by the PNRC.

ARTICLE VII
IMPORT AND EXPORT OF NUCLEAR
AND OTHER RADIOACTIVE MATERIALS

SECTION 30. Export or Import Control. — The PNRC shall:

(@) Establish regulatory requirements and relevant guides for the exportation and
importation of nuclear and other radioactive materials which require licensees, inter
alia to:

(1) Secure an authorization from the PNRC prior to exportation or importation with
the assurance of applying safeguards and physical protection measures to
protect public health, safety and security;

(2) Ensure before importation that the exporter has an authorization from the
competent authority of the exporting country to export such materials to the
Philippines in accordance with laws and regulations of that country; and
Ensure before exportation that the importing country has the necessary and
appropriate technical and administrative capability, resources and regulatory
infrastructure to ensure the safe and secure management of the requested
nuclear and other radioactive material, particularly disused sources; and
(b) Coordinate with relevant agencies of government and establish appropriate formal

mechanisms for coordination to effectively implement these import and export control

measures for nuclear and other radioactive material including devices that produce
ionizing radiation.

@)

ARTICLE VII
MANAGEMENT OF SPENT NUCLEAR FUEL AND OTHER
RADIOACTIVE WASTE
SECTION 31. Regulation of Radioactive Waste and Spent Nuclear Fuel
Management. — To ensure the safe and secure management of radioactive waste and spent
fuel, the PNRC shall establish:
(2) Applicable safety and security requirements and regulations for the protection of
people and the environment from adverse impacts of radioactive waste and spent
fuel management activities;


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(d)

(a)

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(©)

(d)

A system of authorization of radioactive waste and spent fuel management activities;
A system of regulatory inspection, documentation and reporting for radioactive waste
and spent fuel management activities, and in the case of disposal, a system of
institutional control; and

A system of enforcement to ensure compliance with applicable regulations and the
terms and conditions of authorizations for radioactive waste and spent fuel
management activities.

ARTICLE IX

SAFEGUARDS, PHYSICAL PROTECTION AND SECURITY
SECTION 32. Safeguards. — The PNRC shall:
Maintain a system of accounting for and control of nuclear materials and establish
requirements thereon;
Fulfill the Philippines’ obligation to the Non-Proliferation Treaty, the Safeguards
Agreement, and related intemational treaties, conventions, agreements and protocols
thereto;
Ensure unimpeded access by designated IAEA inspectors and duly authorized
representatives of the Philippine govemment agencies to any location or facility
provided for under the Safeguards Agreement and any protocols thereto, with a view
to conducting the verification activities authorized by these instruments; and
Ensure full cooperation and support to the IAEA by all national government agencies
and authorized persons in the application of safeguards measures.
SECTION 33. Physical Protection and security of nuclear and other radioactive

material. — The PNRC shall:

(a)

(b)

(2)

(d)

Issue regulations to implement effective measures to prevent, detect and respond to
unauthorized acts involving nuclear and other radioactive material that may cause
injury to persons, property or the environment or otherwise jeopardize national
security;

Establish requirements for the physical protection of nuclear material, in accordance
with the provisions of this Act, and in compliance with the country's obligations as a
party to the Convention on the Physical Protection of Nuclear Material, the
Amendment thereto, and other international treaties and conventions;

Issue regulations for the protection of individuals, communities and the environment
from the deleterious effects of radioactive sources;

Coordinate with the relevant agencies of goverment and seek international
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ARTICLE X
ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW

SECTION 34. Notice and Conduct of Hearing. —

In any proceeding for the grant, suspension, revocation or amendment of any
authorization, or upon the issuance of an order, the PNRC shall hold a hearing upon the
request of any person whose interest may be affected and shall admit such person as a
party to the proceeding.

The hearings of the PNRC may be open to the public and relevant stakeholders,
except where warranted by considerations of security, national defense or proprietary
matters.

Except in cases where immediate action is required in order to protect the health and
safety of the public or the national interest, no order issued under Section 23 of this Act
shall become effective until after the licensee has been given prior notice for a hearing and
the opportunity to be heard.

Where an order suspending, revoking or modifying an authorization, or an order
issued under Section 23 is made effective without prior notice for a hearing and
‘opportunity to be heard, the order shall only be temporary pending the hearing and
issuance of the PNRC’s final decision in the proceeding.

SECTION 35. Orders and Decisions. — All orders and decisions of the PNRC shall
be in writing, stating clearly and distinctly the facts and issues involved and the reasons on
which the PNRC’s order or decision is based. Such order and decisions shall be made
available to the public.

SECTION 36. Judicial Review. - The Court of Appeals shall have the power of
judicial review over any final order or decision of the PNRC rendered under Section 35 of
this Act and shall modify or set aside such order or decision when it clearly appears that
there was no evidence before the PNRC to support reasonably such order or decision, or
that the same is contrary to law. Any such final decision or order may be reviewed by the
Court of Appeals on the application of any party or other person affected thereby, by
certiorari in appropriate cases, or by petition for review, in accordance with the Rules of
Court, within such period as the PNRC may rule or prescribe but not exceeding thirty (30)
days from notice of such order or decision. An appeal shall not suspend the grant of
authorization, but shall maintain the suspension or revocation of authorization until after
the final disposition of the appeal by the Court of Appeals, unless said Court determines
otherwise. Only questions of law on such order or decision may be reviewed by the
‘Supreme Court

SECTION 37. Notice of Regulation. — No regulation adopted by the PNRC shall be
effective less than fifteen (15) days after publication of the regulation in any newspaper of

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general circulation, except, that if the PNRC finds that health, safety, and security
considerations or the national interest require otherwise, the regulation may be made
effective immediately upon publication in the Official Gazette, or in a newspaper of general
circulation, or upon furnishing copies of the regulation to the persons affected.

SECTION 38. Incident Reports. — No report by any licensee of any incident arising

ut of or in connection with authorized activities made pursuant to any requirement of the
PNRC shall be admitted as evidence in any suit or action for damages growing out of any
matter mentioned in such report.

ARTICLE XI
CIVIL LIABILITY FOR NUCLEAR AND RADIATION DAMAGE
SECTION 39. Liability of the Operator. - The operator shall be liable for nuclear

damage upon proof that such damage has been caused by a nuclear incident under the
following circumstances:

(a)
(b)

(c)

(a)

‘When the incident occurred in the operator's nuclear installation;

When the incident involved nuclear material which came or originated from the

operator's nuclear installation, and occurred in either of the following circumstances:

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

(2) in the absence of such express terms, before another installation operator has
taken charge of the nuclear material.

When the incident involved nuclear material sent to the operator's nuclear

installation, and occurred in either of the following circumstances:

(1) after the 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 another installation operator; or

(2) In the absence of such express terms, after the operator has taken charge of
the nuclear material: Provided, That if nuclear damage is caused by a nuclear
incident that occurred in a nuclear installation and which involved nuclear
material stored therein incidental to the carriage of such material, the provisions
of paragraph (a) of this Section shall not apply where another installation
operator or person is solely liable pursuant to the provisions of paragraph (b) or
(C) of this Section.

Any provision in this Section to the contrary notwithstanding, the installation operator

shall be liable for nuclear damage upon proof that such damage has been caused by

@ nuclear accident involving nuclear material in the course of carriage either to a

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nuclear installation located in the territory of a State not party to an international
convention on civil liability for nuclear damage to which the Philippines is a party; or
when the nuclear material; was being transported from the Philippines to an operator
in another country that is a Contracting Party to the Vienna Convention.

(e) For the purposes of this Act, whenever the damage, whether it was caused purely by
@ nuclear incident or by a nuclear incident and one or more other occurrences, such
other damage shall, to the extent that it is not reasonably separable from the nuclear
damage, be deemed to be nuclear damage caused by that nuclear incident. Where
the damage is caused both by nuclear incident covered by this Section and by an
emission of ionizing radiation not covered by it, nothing in this Section shall limit or
otherwise affect the liability, either as regards any persons suffering nuclear damage
or by way of recourse or contribution of any person who may be held liable in
connection with that emission of ionizing radiation.

SECTION 40. Absolute and Exclusive Liability. —

(2) The liability of the installation operator for nuclear damage shall be absolute

(b) The installation operator shall not be liable for nuclear damage caused by a nuclear
incident directly due to a grave natural disaster of an exceptional character.

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

SECTION 41. Recourse Actions. - The installation operator shall have a right of
recourse only:

(@) If there is such a right pursuant to the express provision of a written contract with the
other installation operator; or

(b) If the nuclear incident results from an act or omission done with intent to cause
damage against the individual who has acted or omitted to act with such intent.
SECTION 42. Gross Negligence or Intentional Act of Claimant. - If the nuclear

damage resulted wholly or partly either from the gross negligence of the person suffering the

damage or from an act or omission of such person done with intent to cause damage, the

Court may relieve the installation operator from the obligation to pay compensation in

respect of the damage suffered by such person.

SECTION 43. Exceptions to Liability. — An installation operator shall not be liable
for any nuclear damage caused by a nuclear accident directly due to hostilities, armed
conflict, civil war or insurrection

SECTION 44. Limit of Liability. — The liability of the installation operator for nuclear
damage under this Act shall be limited to an amount in Philippine pesos which is equivalent
to 300 million Special Drawing Rights (SDRs) for any one nuclear incident, exclusive of
interest or costs which may be awarded by the Court in actions for compensation of such

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nuclear damage. The amount may be subject to change, as determined by the PNRC, in

accordance with international conventions ratified by the Philippines

SECTION 48. Exemption from Liability. — The installation operator shall not be
liable under this Act for nuclear damage either to the nuclear installation itself or to any
property on the site of that installation which is used or to be used in connection with that
installation, or to the means of transport upon which the nuclear material involved was
located at the time of the nuclear incident.

SECTION 46. Exclusions. — The PNRC may, if it determines that the small extent of
the risk involved so warrants, exclude by regulation any small quantity of nuclear material
from the application of the provisions in this Article XIII: Provided, That maximum limits for
the exclusion of such quantities have been established by the Board of Governors of the
Intemational Atomic Energy Agency: Provided, further, That any exclusion must be within
the limits so established.

SECTION 47. Certificate to Carrier. — In accordance with such regulations as the
PNRC may issue, the appropriate installation operator shall provide the carrier, which
furnishes carriage of nuclear material, with a certificate issued by or on behalf of the insurer
or other financial guarantor furnishing the financial security.

SECTION 48. Liability of Several Installation Operators. — Where nuclear damage
engages the liability of more than one installation operator, the following rules shall apply:

(a) In so far as damages attributable to each installation operator are not reasonably
separable, the installation operators involved shall be jointly and severally liable;

(b) In case the nuclear incident occurs in the course of carriage of nuclear material,
either in one and the same means of transport, or, in the case of storage incidental to
the carriage, in one and the same nuclear installation, and causes nuclear damage
which engages the liability of more than one installation operator, the total liability
shall not exceed the highest amount applicable with respect to any of the concemed
operators, and in accordance with Section 44 of this Act; and

(c) __Inneither of the cases referred to in paragraphs (a) and (b) of this Section shall the
liability of any one installation operator exceed the amount established in Section 44
hereof.

SECTION 49. Operator of Several installations. — Subject to the provisions of
Section 48, where several nuclear installations of one and the same installation operator are
involved in one nuclear incident, such installation operator shall be liable in respect of each
nuclear installation involved, up to the amount applicable provided in Section 44 of this Act.

SECTION 50. Carrier or Handler of Nuclear Material as Installation Operator. —
The PNRC may, subject to such terms and conditions as it may subscribe by regulation or
order, designate a carrier of nuclear material or a person handling radioactive waste, upon

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the carrier's request and with the consent of the installation operator concemed, as
installation operator in the place of the installation operator in respect of such nuclear
material or radioactive waste, respectively. Upon such designation, such carrier or such
person shall be considered as an installation operator for the purpose of this Section.

SECTION 51. Court Having Jurisdiction. - The Regional Trial Court having
jurisdiction over the place where the nuclear incident occurs shall have jurisdiction to
determine claims for compensation for such nuclear damage under this Act.

SECTION 52. Intervention of PNRC in Court Proceedings. - When, after the
occurrence of a nuclear incident, it appears that the Government will have to pay indemnity,
the Court having jurisdiction over the claims for compensation arising from the nuclear
incident, shall, at any time before final judgment, allow the PNRC, upon its petition, to
intervene in the proceedings with respect to technical issues.

SECTION 53. Compulsory Processes. — After the occurrence of a nuclear incident
for which it appears compensation may be payable under this Act, the PNRC may adopt
such measures as may be appropriate to determine the persons who were or might have
been exposed to ionizing radiation resulting from such nuclear incident, which measures
may include a summons to such persons to submit themselves to examination before such
authority or body as shall be designated by the PNRC within three (3) months from the date
of summons. In determining the amount of damages or the right to recover damages, the
Court may, in its discretion, take into account the inexcusable failure of the claimant to fulfill
or comply with the foregoing obligation.

SECTION 54. Investigation of Nuclear Incidents. - The PNRC shall investigate the
cause and extent of any nuclear incident for which it appears compensation may be payable
under this Act, and its finding shall be made available to the public, to the parties involved,
and to the Courts.

ARTICLE Xi
TRANSITORY PROVISIONS
SECTION 55. The Philippine Nuclear Research Institute. —

(a) The Philippine Nuclear Research Institute shall be the scientific nuclear organization
in the country and continue its mandate to foster nuclear research and development,
including nuclear safety research, pursuant to the objectives of Executive Order No.
128, series of 1987. Likewise, it shall continue to function as one of the research and
development institutes of the Department of Science and Technology;

(b) The regulatory function of the PNRI is hereby transferred to the PNRC;

(©) The regulatory functions of the PNRI which were inherited from the former Philippine
Atomic Energy Commission by virtue of Republic Act No. 2067, as amended, and

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Republic Act No. 5207, as amended, Executive Order No. 128 and Executive Order
No. 366, are deemed transferred to the PNRC;

(4) The development, promotion and use of nuclear energy for peaceful applications
shall remain the responsibility of the Institute, whereupon the Director of the Institute
shall, in coordination with the DBM, draw up its new organizational structure in
accordance with law and civil service rules and regulations;

(©) Previous regulatory issuances — all regulations, rules, orders previously established
by the PNRI shall remain in force until superseded by the PNRC by appropriate
orders or issuances.

SECTION 56. The Center for Device Regulation, Radiation, Health and
Research. —

(a) The regulatory functions of the Center for Device Regulation, Radiation, Health and
Research (CDRRHR) of the Department of Health (DOH) over devices generating
ionizing radiation by virtue of Republic Act No. 9711 otherwise known as “The Food
and Drug Administration Act of 2009", are deemed transferred to the PNRC.

(b) This Act shall in no way prevent the DOH or its line agencies from imposing
additional requirements for the regulation of medical and health-related devices in the
interest of public health and safety as provided for by law.

(©) The administrative supervision of the CORRHR shall remain with the DOH.

(@) All regulations, rules, orders pertaining to ionizing radiation previously established by
the CDRRHRR shall remain in force until superseded by the PNRC.

SECTION 57. Human Resources. — All plantilla positions of the Nuclear Regulatory
Division of the PNRI, DOST are hereby transferred to the PNRC. Thereafter, all powers,
functions and duties, records, files, and assets pertaining to regulation of nuclear and
radioactive materials and facilities of the PNRI shall be transferred to the PNRC. Al plantila
positions of the Radiation Regulation Division of the Center for Device Regulation, Radiation,
Health and Research (CDRRHR) of the DOH which have responsibilities solely in ionizing
radiation regulation are also hereby transferred to the PNRC. Thereafter, all powers,
functions and duties, records, files, and assets of these organizational units shall be
transferred to the PNRC.

Republic Act No. 6656, otherwise known as the Government Reorganization Act,
shall govern the reorganization of the affected personnel of the Nuclear Regulatory Division
of the PNRI and the Radiation Regulation Division of the CDRRHR.

There shall be no diminution of rank, salaries, allowances and benefits of all
personnel transferred to the PNRC. In case of a difference in the above benefits between the
transferred employees of the two agencies, the higher amount shall be adopted. New

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employees of the PNRC shall be entitled to the same allowances and benefits as the
transferred employees

The Commission shall draw up its organizational structure with the necessary
qualification requirements and standards in accordance with the Civil Service Law, rules and
regulations for approval of the DBM within three (3) months upon submission with the Civil
Service Commission (CSC).

SECTION 58. Magna Carta for Science and Technology Personnel. — Qualified
employees of the PNRC and its attached units shall be covered by Republic Act No. 8439,
otherwise known as the “Magna Carta for Scientists, Engineers, Researchers and other S &
T Personnel in the Government.”

ARTICLE Xill
PENAL PROVISIONS

SECTION 59. Violation of Specific Provisions of the Act. - Any person who
willfully violates, attempts to violate, or conspires to violate, any provision of Section 16 of
this Act shall upon conviction thereof, suffer the penalty of imprisonment of not more than
five (5) years or a fine ranging from One million pesos (PHP 1,000,000.00) to Five million
pesos (PHP 5,000,000.00), or both.

SECTION 60. Violation of Other Provisions of this Act. — Any person who willfully
violates, attempts to violate, or conspires to violate any provisions of this Act for which no
Penalty is specifically provided, or of any regulation, order or authorization issued under this
Act shall, upon conviction thereof, suffer the penalty of imprisonment of not more than two
(2) years or a fine of not more than Five hundred thousand pesos (PHP 500,000.00), or
both.

ARTICLE XIV
FINAL PROVISIONS

SECTION 61. Appropriations. — The amount necessary to cover the initial
implementation of this Act shall be charged against the current year’s appropriations of the
Nuclear Regulatory Division of the PNRI and the Radiation Regulation Division of the
CDRRHR responsible in ionizing radiation regulation. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the annual
General Appropriations Act.

In addition, the PNRC is authorized to receive contributions, grants, bequests, gifts,
and donations, in cash or in kind, whether from local or foreign sources: Provided, That
acceptance of grants, bequests, contributions, and donations from foreign governments shall
be subject to the approval of the President of the Philippines, upon the recommendation of

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the Commissioner of the PNRC and the Secretary of the Department of Foreign Affairs
(OFA).

SECTION 62. Implementing Rules and Regulations. - The PNRC, in consultation
with the DOST, DBM and the CSC shall issue within one hundred eighty (180) days from the
effectivity of this Act, the rules and regulations necessary to effectively implement its
provisions.

SECTION 63. Separability Clause. — if any provision of this Act shall be declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full
force and effect.

SECTION 64. Repealing Clause. — The pertinent provisions of Republic Act No.
2067, otherwise known as the Science Act of 1958, as amended, Republic Act No. 5207,
otherwise known as the Atomic Energy Regulatory and Liability Act of 1968, as amended,
Republic Act No. 9711 otherwise known as the Food and Drug Administration Act of 2009,
Executive Order No. 128 Series of 1987 on Reorganizing the National Science and
Technology Authority are hereby repealed. All other laws, executive orders, proclamations,
rules and regulations, and other issuances or parts thereof which are inconsistent with the
provisions of this Act are hereby repealed or amended accordingly.

SECTION 65. Effectivity Clause. — This Act shall take effect fifteen (15) days from
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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