NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
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: iiLC 10
SENATE
S. No. 2899
(In Substitution of S. Nos. 1194, 1491, 2498, and 2506, taking into consideration H.
No. 9293)
Prepared jointly by the Committees on Science and Technology; Civil Service, 
Government Reorganization and Professional Regulation; Energy; Ways and Means; 
and Finance, with Senators Tolentino, Revilla Jr., Escudero, Gatchalian, and A. 
Cayetano as authors thereof
AN ACT
PROVIDING FOR A COMPREHENSIVE LEGAL FRAMEWORK FOR NUCLEAR 
SAFETY, SECURITY, AND SAFEGUARDS IN THE PEACEFUL UTILIZATION OF 
NUCLEAR ENERGY IN THE PHILIPPINES AND ESTABLISHING THE 
PHILIPPINE ATOMIC ENERGY REGULATORY AUTHORITY AND 
APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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ARTICLE I
POLICY AND OBJECTIVES
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SECTION. 1. Short Title. - This Act shall be known as the "Philippine National
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Nuclear Energy Safety Act".
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SEC. 2. Declaration of Policy. - It shall be the policy of the State to:


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a) Harness the peaceful, safe, and secure use of atomic energy to provide
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benefits to the Philippines in the fields of energy production, health and medicine,
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scientific research, agriculture, industry, education, and others; and
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b) Use nuclear energy only for peaceful purposes, such that all facilities and
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activities related to the acquisition or development of nuclear explosives, radiological
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dispersal devices and other non-peaceful uses of nuclear or other radioactive material
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or technology, including assisting others, are strictly prohibited.
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c) Install at least 16,000 MWe, up to 32,000 MWe, of nuclear energy by 2045
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in the territory of the Philippines.
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The State hereby adopts a policy to ensure that legal frameworks for the safe
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and peaceful use of nuclear energy and ionizing radiation shall be consistent with the
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Philippines' international commitments.
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SEC. 3. Objectives. - The objectives of this Act are to:
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a) Establish a legal framework to govern and facilitate the peaceful, safe, and
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secure uses of nuclear energy;
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b) Protect people and the environment against the harmful effects of ionizing
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radiation;
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c) Establish the Philippine Atomic Energy Regulatory Authority, otherwise
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known as the PhilATOM, with the functions and responsibilities set forth in
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this Act; and
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d) Enable the Philippines to meet its international obligations on the use of
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nuclear energy.
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SEC. 4. Scope. - This Act shall apply to all regulated facilities and activities as
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set forth in Sec. 14 of this Act involving the peaceful uses of nuclear energy and
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ionizing radiation conducted in the territory or under the jurisdiction or control of the
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Republic of the Philippines, except those excluded from regulatory control by the
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PhilATOM. This Act shall not apply to the regulations of sources of non-ionizing
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radiation.
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SEC. 5. Definitions of Terms. - As used in this Act:
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a) Activities refer to the production, use, import and export of radiation sources
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for industrial research and medical purposes; the transport of radioactive
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material; the decommissioning of facilities; radioactive waste management


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activities such as the discharge of effluents; and some aspects of the 
remediation of sites affected by residues from past activities;
b) Authorization refers to the written permission, in the form of a license, 
certificate, registration or other approval, granted by the PhilATOM to a 
natural or juridical person to conduct specified activities;
c) Authorized party vQfQrs to a natural or juridical person that has been granted 
an authorization by the PhilATOM;
d) Ciearance refers to the removal of regulatory control by the PhilATOM from 
radioactive material or radioactive objects within authorized facilities and 
activities;
e) Controiieditems refer to nuclear related items specified in:
i. Information Circular (INFCIRC)/540/ Annex 1 and 2;
ii. Information Circular (INFCIRC)/254/Part 1 known as trigger list items 
in the Nuclear Suppliers Group's guidelines;
iii. Dual-use items specified in INFCIRC/254/Part 2including components 
thereof; and
iv. Any other controlled items as may be determined by the IAEA or the 
Nuclear Supplier's Group.
f) Cyber-attack refers to a malicious act with the intention of stealing, altering, 
preventing access to or destroying a specified target through unauthorized 
access to (or actions within) a susceptible computer-based system;
g) Decommissioning refers to the administrative and technical actions taken to 
allow the removal of some or all of the regulatory controls from a facility so 
the facility and its site can be reused;
h) Design basis threat (DBT) refers to the attributes and characteristics of 
potential insider and/or external adversaries, who might attempt 
unauthorized removal of nuclear and other radioactive material or sabotage, 
against which a physical protection system is designed and evaluated;
i) Device refers to either (1) a device such as a radiation generator; or (2) for 
the purpose of Article 6 of this Act, either (1) any nuclear explosive device; 
or (2) any radioactive material dispersal or radiation-emitting device which


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may, owing to its radiological properties, cause death, serious bodily injury 
or substantial damage to property or to the environment;
j) Disposal refers to the emplacement of spent fuel or radioactive waste in an 
appropriate facility without the intention of retrieval;
k) Dose limit refers to the value of the effective dose or the equivalent dose to 
individuals in planned exposure situation that is not to be exceeded;
l) Exclusion or excluded refers to the deliberate exclusion of a particular type 
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;
m) Exemption or exempt refers to the determination by the PhilATOM that a 
source or activity need not be subject to some or all aspects of regulatory 
control on the basis that the exposure and the potential exposure due to 
the source or activity are 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;
n) Export ref&CS to the transfer of nuclear or other radioactive material out of 
the Philippines;
o) Facilities refer to nuclear facilities; irradiation installations; some mining and 
raw material processing facilities such as uranium mines; radioactive waste 
management facilities; and any other places where radioactive material is 
produced, processed, used, handled, stored or disposed of, or when 
radiation generators are installed, on such a scale that consideration of 
protection and safety is required;
p) Facilities and activities refer to those regulated facilities and activities set 
forth in Sec. 14 of this Act;
q) Heavy Water Reactor (HWR) refers to a thermal reactor that utilizes heavy 
water (deuterium oxide) as its coolant and moderator;
r) IAEA refers to the International Atomic Energy Agency established by the 
IAEA Statute, to which the Philippines became a Member State in 1958;
s) Importrefers to the transfer of nuclear or other radioactive material into the 
Philippines;


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t) Intermediate Level Waste (ILW) refers to a radioactive waste that, because 
of its content, particuiariy of iong-iived radionuciides, requires greater 
degree of containment isolation than that provided by near surface disposal;
u) Intervention refers to any action intended to reduce or avert exposure or 
the likelihood of exposure due to sources that are not part of a controlled 
practice or that are out of control as a consequence of an accident;
v) Ionizing radiation refers to radiation capable of producing ion pairs in 
biological materials;
w) Light Water Reactor (LWR) refers to a thermal reactor that utilizes ordinary 
water as its coolant and moderator, including boiling water reactors (BWRs) 
and pressurized water reactor (PWRs);
x) Low Level Waste (LLW) refers to a radioactive waste that is above clearance 
levels, but with limited amounts of long-lived radionuclides;
y) Notification refers to a document submitted to the PhilATOM by a person to 
notify an intention to carry out an authorized activity or other use of a 
radiation source;
z) Nuclear energy, also called atomic energy, refers to any form of energy 
released in the course of nuclear fission, nuclear fusion or any other nuclear 
transmutation;
aa)Nuclear facility refers to a facility, including associated buildings and 
equipment, in which nuclear material is produced, processed, used, 
handled, stored or disposed of;
bb)Nuclear installation refers to any nuclear facility subject to authorization that 
is part of the nuclear fuel cycle, except facilities for the mining or processing 
of uranium ores or thorium ores and disposal facilities for radioactive waste;
cc) Nuclear material refers to any material that is either special fissionable 
material or source material as defined in Article XX of the IAEA Statute;
66) Nuclear or radiological emergency refers to an emergency in which there is, 
or is perceived to be, a hazard due to: (a) the energy resulting from a 
nuclear chain reaction or from the decay of the products of a chain reaction; 
or (b) radiation exposure;


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ee) Orphan source, also known as Material Out of Regulatory Control (MORC), 
refers to a radioactive source which is not under reguiatory control, either 
because it has never been under regulatory control or because it has been 
abandoned, lost, misplaced, stolen, or transferred without proper 
authorization;
ff) Person refers to a naturai or juridicai person;
gg) Physical protection refers to the protection of nuciear material or authorized 
faciiities, designed to prevent unauthorized access or removai of fissiie 
material or sabotage with regard to safeguards; 
hh)Practice refers to any human activity that introduces additionai sources of 
exposure or additionai exposure pathways, or that modifies the network of 
exposure pathways from existing sources, so as to increase the exposure or 
the iikeiihood of exposure of peopie or the number of peopie exposed; 
ii) Radioactive material refers to materiai designated by the PhiiATOM as being 
subject to regulatory control because of its radioactivity, such as, but not 
limited to: (a) a radioactive source; (b) nuclear material; (c) a substance 
that is capable of releasing nuclear energy or is required for the production 
or use of nuciear energy; (d) a radioactive by-product of the development, 
production or use of nuclear energy; and (e) any other material that the 
Authority determines should be classified as radioactive material; 
jj) Radiation source refers to a radiation generator, or a radioactive source or 
other radioactive material outside the nuclear fuel cycles of research and 
power reactors;
Vk) Radiation generator refers to a device capable of generating ionizing 
radiation, such as X-rays, neutrons, electrons or other charged particles, 
that may be used for scientific, industrial or medical purposes, or other 
purposes as the PhiiATOM may determine from time to time;
II) Radioactive source refers to radioactive material that emit ionizing radiation, 
typically in the form of alpha and beta particles, gamma rays or neutron 
radiation. The following are types of radioactive sources: seaied source is a 
radioactive source in which the radioactive material is (a) permanently 
sealed in a capsuie or (b) closeiy bonded and in a solid form and which is


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not exempt from regulatory control; unsealed source is a radioactive source 
in which the radioactive material is neither (a) permanently sealed in a 
capsule nor (b) closely bonded and in a solid form. Radioactive source 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;
mm) Radioactive waste refers to material for which no further use is foreseen 
that contains, or is contaminated with, radionuclides at activity 
concentrations greater than clearance levels as established by the 
PhilATOM;
uu)Registration refers to a form of authorization for practices of low or 
moderate risk whereby the legal person responsible for the practice has, as 
appropriate, prepared and submitted a safety assessment of the facility or 
equipment to the PhilATOM;
00)Representative Threat Statement (RTS) refers to the attributes and 
characteristics of potential insider and/or external adversaries who might 
attempt unauthorized removal or sabotage, intended to be used to develop 
prescriptive requirements for the protection of defined materials and/or 
facilities;
Safeguards Agreements refers to the agreement between the Republic of 
the Philippines and the IAEA for the Application of Safeguards in connection 
with the Treaty on Non-Proliferation of Nuclear Weapons and the Protocol 
Additional to the Agreement between the Republic of the Philippines and 
the IAEA for the Application of Safeguards in connection with the Treaty on 
the Non-Proliferation of Nuclear Weapons;
qpOSafeguards refers 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 non-peaceful purpose;


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rr) Safety refers to the achievement of proper operating conditions, prevention
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of accidents and mitigation of accident consequences, resulting in protection
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of workers, the public and the environment from undue radiation risks;
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ss) Security refers to the prevention and detection of, and response to, criminal
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or intentional unauthorized acts involving or directed at nuclear material,
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other radioactive material, associated facilities or activities;
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tt) Sensitive digitai assets (SDAs) refers to sensitive information assets that
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are, or are parts of, computer-based systems;
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uu)Source refers to anything that may cause radiation exposure — such as by
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emitting ionizing radiation or by releasing radioactive substances or
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radioactive material — and can be treated as a single entity for purposes of
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protection and safety;
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\n) Spent fueirefers to nuclear fuel removed from a reactor following irradiation
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that is no longer usable in its present form; and
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ww) Transport refers to the deliberate physical movement of radioactive
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material, other than that forming part of the means of propulsion, from one
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place to another.
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Notwithstanding Sec. 5(a) herein, where a term has a particular meaning in an
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international Instrument to which the Philippines is a party, it shall have that meaning
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when used in the relevant context.
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ARTICLE II
ESTABLISHMENT AND FUNCTIONS OF THE PHILIPPINE 
ATOMIC ENERGY REGULATORY AUTHORITY
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SEC. 6. Establishment of the Philippine Atomic Energy Regulatory
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Authority. - The Philippine Atomic Energy Regulatory Authority, otherwise known as
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"PhilATOM", is hereby established as an independent and quasi-judicial body. The
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PhilATOM shall have sole and exclusive jurisdiction to exercise regulatory control in
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accordance with this Act for the peaceful, safe, and secure uses of nuclear energy and
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radiation sources in the Philippines.


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SEC. 7. Director General and Deputy Directors General of the
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PhilATOM. - The head of the PhilATOM shall be the Director General (DG), with a
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salary grade of thirty-one (31), who shall be appointed by the President of the
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Philippines for a term of five (5) years. Reappointment of the DG for five (5) years per
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term is allowed.
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The DG shall be responsible for the overall management of the PhilATOM. The
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DG shall supervise the administrative, technical, and financial affairs of the PhilATOM
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and appoint its human resources.
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The Director General shall be assisted by four (4) Deputy Directors General
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(DDGs), with a salary grade of thirty (30), who shall be appointed by the President of
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the Philippines: Provided, That for the initial appointees, the first appointee shall hold
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office for a term of five (5) years, while the other consecutive appointees shall hold
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office for a term of four (4) years, three (3) years, and two (2) years, respectively.
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Reappointment of the DDGs for five (5) years per term is allowed.
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Appointment to any vacancy for the positions of DG and DDGs shall only be for
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the unexpired term of the predecessor.
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SEC. 8. Qualifications of the Director General and Deputy Directors
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General of the PhilATOM. - The Director General and the Deputy Directors General
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shall be citizens and residents of the Philippines, persons of good moral character, at
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least thirty-five (35) years of age, and of recognized probity, independence, and
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competence and must have distinguished themselves professionally in public, civic or
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academic service in any of the following fields: nuclear science, physical sciences, law,
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engineering, medical or allied medical sciences in the radiation field, with at least
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seven (7) years of actual and distinguished experience in their respective fields of
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expertise, discipline, or profession: Provided, That out of the four (4) Deputy Directors
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General, at least one (1) shall have a degree in nuclear science or nuclear engineering.
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The DG and DDGs or any of their relatives within the fourth civil degree of
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consanguinity or affinity, legitimate or common law, shall be prohibited from holding
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any interest whatsoever in any of the regulated entities and must, therefore, divest
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through sale or legal disposition of any and all interests in the same upon assumption
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of office.


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The DG and DDGs shall enjoy security of tenure and shall not be suspended or
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removed from office except for just cause as specified by law.
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SEC. 9. The PhilATOM Council. - The PhilATOM Council shall be the highest
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body of the PhilATOM comprised of the DG and the DDGs where the DG shall act as
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the Chairperson. The Council shall meet regularly at the direction of the Chairperson.
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The PhilATOM Council shall constitute a quorum if the majority of the members,
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including the Chairperson, are present and the majority vote of the members present
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in a meeting where a quorum is established shall be necessary for the adoption of any
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rule, ruling, order, resolution, decision or other act of the Council in the exercise of its
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quasi-judicial and regulatory functions.
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SEC. 10. Powers and Functions of the PhilATOM. - The PhilATOM shall
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have the following powers and functions:
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I. Regulatory functions and responsibilities:
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a) Enforce the implementing rules and regulations of this Act;
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b) Assist the National Government in the development of national
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policies and strategies for safety and security, and measures for the
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control of regulated facilities and activities and exposures from
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naturally-occurring radioactive materials;
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c) Issue regulations, standards, and guides necessary for the
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implementation of this Act;
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d) Review and assess applications for authorizations and other
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information submitted to it by prospective and existing authorized
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parties, and issue such authorizations for nuclear and radiation
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facilities and its associated activities;
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e) Set the terms and conditions for the issuance or renewal of
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authorizations;
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f) Adopt the schedule of fees and charges for authorizations;
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g) Suspend, modify, or revoke authorizations, after due notice and
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hearing, which fail to comply with the provisions hereof, the IRR or
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any order, resolution, rule or regulation;
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h) Define exemptions and exclusions from regulatory control;
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i) Establish and maintain a national registry of radiation sources;
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j) Establish and maintain a national registry of: (1) persons authorized 
to carry out activities or practices under this Act; and (2) dose of 
workers who are occupationally-exposed to ionizing radiation;
k) Inspect, monitor and assess facilities and activities for the purpose 
of verifying compliance with this Act, applicable regulations and the 
terms and conditions of authorizations;
l) Take enforcement measures in the event of non-compliance with this 
Act, applicable regulations or the terms and conditions of 
authorization;
m) Hold hearings and conduct investigations and for these purposes to 
administer oaths and affirmations and by subpoena to require any 
person to appear and testify, or to appear and produce documents 
at any designated place;
n) In the exercise of its investigative and quasi-judicial powers, act 
against any regulated entity for violations of any law, rule and 
regulation governing the same, and require any person or entity to 
submit any report or data relative to any investigation or hearing 
conducted pursuant to this Act;
o) Issue notices of violation, suspension, modification, revocation, and 
other enforcement actions;
p) Inform and consult with the public and other stakeholders regarding 
regulatory processes through appropriate mechanisms and 
procedures that shall be established by it;
q) Cooperate and coordinate with the IAEA in the application of nuclear 
safeguards in accordance with the Safeguards Agreement, and any 
protocols thereto, between 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;
r) Act as the national authority on nuclear safety, security and 
regulatory matters relative to the IAEA, foreign governments, 
ministries, departments, and agencies, relevant regional and
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international organizations, including law enforcement and 
intelligence agencies;
s) Cooperate with and advise other governmental or non-governmental 
bodies in the Philippines having competence in health and safety, 
environmental protection, land use and planning, emergency 
planning, security, and transportation of dangerous goods;
t) Exchange information and cooperate directly with regulatory bodies 
in other States and with relevant international organizations 
concerning matters arising from its functions and responsibilities;
u) Establish a training center and develop capacity-building and 
scholarship programs for human resources, aligning with the 
PhilATOM's mandate through competence management;
v) Install and maintain a radiation monitoring station;
w) Establish and maintain a nuclear security support and coordinating 
center;
x) Establish and maintain a national decision support center for 
radiological or nuclear emergency;
y) Carry out or arrange the conduct of research on radiation safety and 
security necessary to implement its functions;
z) Facilitate the development of the nuclear security threat assessment, 
design basis threat (DBT) and/or representative threat statement 
(RTS), for the implementation of nuclear security provisions;
aa) Establish mechanisms for the formal recognition of technical service 
providers of facilities and equipment related to training, dosimetry, 
calibration, and other technical services as determined by the 
PhilATOM in the regulation;
bb) Establish a system for the licensing of operators to conduct activities 
associated with the operation of nuclear installations that shall 
include conditions related to all aspects of safeguards 
implementation;
cc) Establish a mechanism for the formal recognition of qualified experts 
and certification for radiation protection officers;
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dd)Impose fines or penalties for any non-compliance with or breach of 
this Act, its IRR, and the rules and regulations which it promulgates 
or administers;
ee)Implementation of relevant treaties and conventions such as, but not 
limited to, the Convention on Nuclear Safety, Non-Proliferation Treaty, 
Convention of the Physical protection on Nuclear Material, Code of 
Conduct on Safety and Security and its Supplementary Guidance;
ff) Control and oversee the use of nuclear material and nuclear-related 
activities consistent with the Philippine's obligations under the 
Safeguards Agreement and Additional Protocol;
II. Administrative functions and responsibilities:
a) Establish the general policy of the PhilATOM and its strategic plans;
b) Adopt the organizational structure of the PhilATOM and employ a 
sufficient number of qualified and competent human resources, 
commensurate with the nature and the number of facilities and 
activities to be regulated, to perform its functions and to discharge 
its responsibilities. Personnel appointed to the PhilATOM shall not 
have any direct or indirect interest in facilities and activities or 
authorized parties;
c) 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 PhilATOM 
deems appropriate.
d) Receive and retain ail funds allocated to it and have the financial 
independence to deal with its funds and income consisting of the 
following: (1) income generated by carrying out its regulatory 
functions; and (2) contributions, grants, bequests, and donations, in 
cash or in kind, whether from local or foreign sources: Provided, That 
such donations which the PhilATOM resolves to accept and does not 
conflict with its mandate shall be exempt from donor's tax: Provided, 
further. That the same income shall be considered as allowable 
deduction from gross income for purposes of computing the taxable
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income of the donor, in accordance with Sec. 34(H)(2)(A) of the 
Nationai Internai Revenue Code of 1997, as amended. The 
acceptance of grants, bequests, contributions, and donations from 
foreign governments shali be subject to the approval of the President 
of the Phiiippines, upon the recommendation of the Secretary of the 
Department of Foreign Affairs (DFA) or the Secretary of the 
Department of Finance (DOF), whichever is applicable;
e) Deposit in an authorized government depository bank as a special 
regulatory fund all income that the PhilATOM is allowed to retain 
under this Act: Provided, That any interest earned by such fund shall 
form part of PhilATOM's retained income: Provided, further. That such 
fund shall be used primarily for the acquisition of office and 
laboratory space, human resource development and expansion, 
purchase of equipment and motor vehicles, upgrading of its current 
facilities and equipment and maintenance, expenses in case of legal 
actions against the officials and employees of the PhilATOM in the 
course of the exercise of their official functions and duties, and other 
operating expenses in the performance of its mandate or 
independence: Provided, furthermore. That the retention, use, and 
application of this fund shall not be delayed, amended, altered, or 
modified, or affected in any way by an order or directive from any 
executive office but shali be subject to the general accounting rules 
and guidelines by the Commission on Audit (COA): Provided, finaiiy. 
That PhilATOM shall submit annually to the Department of Budget 
and Management (DBM) and to the Joint Congressionai Oversight 
Committee, created under this Act, a report on its collection, how the 
funds were utilized, including the accomplishments;
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Establish and impiement a management system that is aligned with 
its safety and security goals and contributes to their achievement: 
Provided, That the management system shaii foster and support 
safety and security culture through the development and 
reinforcement of leadership as well as good attitudes and behavior
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in relation to safety and security on the part of individuals and teams:
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Provided, further, That the management system shall be continuously
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assessed and improved;
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g) An amount equivalent to half a centavo per kilo Watt hour (Php
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0.005/kWh), to be taken from all remittances of the universal charges
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currently being imposed and collected, shall be set aside for the
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benefit of the PhilATOM. The fund shall be administered by the Power
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Sector Assets and Liabilities Management Corporation (PSALM):
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Provided, That the period of share for the PhilATOM shall in no case
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exceed ten years from the date of effectivity of this Act.
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As administrator of the fund, PSALM, shall create a special trust
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fund with the Development Bank of the Philippines which shall be
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automatically released to the PhilATOM every 15th day of the month
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following its collection.
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The fund shall be used exclusively by the PhilATOM in an open
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and transparent manner for the following purposes:
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(1) Construction of buildings or acquisition of office and
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laboratory space;
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(2) Human resource development and expansion, including
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the hiring of local or foreign consultants;
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(3) Purchase of equipment and motor vehicles;
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(4) Upgrading of its facilities, equipment, and maintenance;
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and
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(5) Other operating expense of the PhilATOM in the
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performance of its mandate to ensure adequate protection to
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the public and the environment.
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h) Perform any other functions and responsibilities that are necessary
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in its judgment to fulfill its mandate as set forth in this Act.
29 
SEC. 11. Development of Regulations, Standards and Guides. - The
30 
PhilATOM shall develop and issue regulations, standards, and guides to specify the
31 
principles, requirements, and associated criteria upon which its regulatory judgments,
32 
decisions, and actions are based: Provided, That these regulations, standards, and
15


1 
guides shall be periodically reviewed and revised by the PhilATOM as necessary to
2 
keep them up to date, with due consideration of relevant international safety and
3 
security standards, technical standards, good practices, and of relevant experience:
4 
Provided, further, That these regulations, standards, and guides shall set forth
5 
principles, requirements, and associated criteria commensurate with the radiation risks
6 
associated with the facilities and activities, in accordance with a graded approach.
7 
The PhilATOM shall establish processes for developing and amending
8 
regulations, standards, and guides that includes consultation with the public and other
9 
interested parties. In developing regulations, standards, and guides with respect to
10 
authorizations for nuclear power plants, the PhilATOM shall facilitate harmonization
11 
with international safety and security standards set forth by the IAEA and give due
12 
consideration to the relevant regulatory requirements from the country of originof the
13 
standard design or reference plant, as appropriate.
14 
SEC. 12. Transparency and Protection of Information. - The PhilATOM
15 
shall promote the highest standards of transparency in the exercise of its functions
16 
and responsibilities. The PhilATOM shall, at all times, protect information:
17 
(1) 
That is classified, sensitive, or proprietary; or
18 
(2) 
The disclosure of which may prejudice nuclear security, nuclear
19 
safeguards, or national security.
20 
SEC. 13. Advisory Bodies and Consultants. - The PhilATOM may obtain
21 
the advice of experts in the performance of its functions and responsibilities, including
22 
the hiring of consultants and technical support organizations and establishing advisory
23 
bodies: Provided, That the PhilATOM shall ensure that advice received from external
24 
experts or bodies is provided in a manner that avoids any conflict of interest or
25 
improper influence on its regulatory decision-making.
26
27
ARTICLE III
AUTHORIZATION, INSPECTION, AND ENFORCEMENT
28 
SEC. 14. Regulated Facilities and Activities. - Without an authorization
29 
issued by the PhilATOM, the following facilities and activities shall be prohibited:
16


1 
a) Construction, operation, and decommissioning of a nuclear or
2 
radiation facility and its associated activities;
3 
b) Acquisition, ownership, possession, production, manufacture, import,
4 
export, distribution, sale, offer for sale, transfer, handling, use,
5 
transport, storage, or disposal of nuclear or other radioactive
6 
materials;
7 
c) Use and testing of radiation generators;
8 
d) Radioactive waste management activities; and
9 
e) Any other activity or practice through which people or the
10 
environment may be subject to radiation risks as determined by the
11 
PhilATOM and which is not exempt or excluded by the PhilATOM.
12 
SEC. 15. Prime Responsibility. - The authorized party responsible for an
13 
activity or facility, or any other person engaging in an activity or managing a facility,
14 
shail:
15 
a) Bear the prime responsibility for the safety and security of the facility and of
16 
all activities and practices associated with it;
17 
b) Ensure and demonstrate compliance with this Act, applicable regulatory
18 
requirements and terms and conditions 
of an authorization as may be
19 
applicable; and
20 
c) Provide the PhilATOM with ail assistance necessary in the performance of its
21 
reguiatory functions.
22 
SEC. 16. Authorization Process. - Any person who intends to engage in an
23 
activity subject to authorization under this Act shall submit a notification to the
24 
PhilATOM of its intention to carry out such activity. The applicant shall be required to
25 
submit an adequate demonstration of safety and security in support of an application
26 
for the authorization of a regulated facility or an activity.
27 
The PhilATOM shall make publicly available in the rules, regulations, standards,
28 
and guides, as appropriate, information on the authorization process, including:
29 
a) The identification of facilities and activities requiring an authorization
30 
in the form of a permit, a iicense, a registration, a certificate, or an
31 
exemption;
17


1 
b) Procedures and schedules for applications, including review and
2 
assessment of applications and issuance of authorizations;
3 
c) Criteria to be considered in authorization decisions made by the
4 
PhilATOM including issuance, suspension, modification, renewal,
5 
revocation, and termination of authorizations;
6 
d) Conditions or qualifications that must be met by the applicant for an
7 
authorization;
8 
e) A description of any fees required for authorizations and other
9 
regulatory services;
10 
f) Procedures and requirements for public participation in the
11 
authorization process; and
12 
g) Procedures and requirements for the release of information
13 
concerning the authorization process, including measures for the
14 
protection of information identified in this Act.
15 
SEC. 17. Additional Requirements for Authorizations of Nuclear
16 
Installations. -
17 
a) The PhilATOM, in consultation with the Philippine Institute of Volcanology
18 
and Seismology, shall establish the requirements for the site selection and evaluation
19 
of candidate sites for nuclear facilities. This shall be required prior to commencement
20 
of the detailed evaluation of a particular site and pre-construction review and
21 
assessment of a proposal for such a facility;
22 
In all instances, the PhilATOM shall ensure that the power plant will be designed
23 
to cope with the predicted seismic peak ground acceleration of the location.
24 
b) As a condition of an authorization to operate a nuclear power plant, the
25 
amount of Php 0.06/kWh of electricity generated from the use of nuclear energy for
26 
commercial power generation shall be set aside by the operator to establish a
27 
Radioactive Waste and Spent Fuel Management Fund, which shall be used for the long
28 
term management and final disposition of high level radioactive waste, which may be
29 
by geologic isolation using deep boreholes. The amount maybe adjusted considering
30 
the current economic conditions at the time, the income generated by the authorized
31 
party, and the amount of high-level radioactive waste produced:ProThat the
32 
said amount shall not be passed on to the consumers;
18


1 
c) An Authorized Party that operates a nuclear power plant shall set aside a
2 
portion of their income in an amount equivalent to Php 0.06/kWh of electricity
3 
generated from the use of nuclear energy for commercial power generation to
4 
establish a Decommissioning Trust Fund. The amount may be adjusted by the
5 
PhilATOM considering the current economic conditions at the time, the income
6 
generated by the authorized party, and the amount of high-level radioactive waste
7 
produced: Provided, That the said amount shall not be passed on to the consumers;
8 
d) Revenues collected on behalf of the Radioactive Waste and Spent Fuel
9 
Management Fund and Decommissioning Trust Fund shall be held in trust by the
10 
Development Bank of the Philippines (DBP): Provided, That these special funds shall
11 
not be utilized for any purpose other than radioactive waste and spent fuel
12 
management and decommissioning, respectively: Provided, further. That
13 
disbursements from these funds shall be in an open and transparent manner, and only
14 
for the purposes specified in this Act;
15 
e) The PhilATOM shall not grant a license to nuclear plants other than Light
16 
Water Reactors (LWR) and Heavy Water Reactors (HWR) until such time that non-
17 
water cooled or moderated reactors shall have operated accident-free in the country
18 
of origin for at least nineteen thousand seventy hundred ten (19,710) operating hours,
19 
unless the specific reactor type is exempted by the President of the Philippines through
20 
an executive issuance;
21 
f) In developing regulations, standards and guidelines with respect to
22 
authorizations for nuclear power plants, the Authority shall:
23 
(1) Facilitate harmonization with IAEA Safety Standards and give due
24 
consideration to compatibility with the relevant regulatory regime of the
25 
country-of-origin of a standard design or reference plant; and
26 
(2) Require an applicant to identify a standard design or reference plant in
27 
its application and require that such application: (i) contain a safety
28 
analysis report that makes maximum utilization of the safety case for
29 
the standard design or the reference plant; (ii) identifies any design
30 
changes from the standard design or the reference plant; and(iii)
31 
provides the regulatory basis for approval in the country-of-origin of the
32 
standard design or the reference plant.
19


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
g) The Authority shall conduct an independent review and assessment of an 
application with respect to an authorization for a nuclear power plant and in 
undertaking such review and assessment:
(1) For those parts of the design that are the same as the identified 
standard design or the reference plant design, theAuthority shallmake 
maximum utilization of the safety assessment of an experienced foreign 
nuclear regulatory body of the identified standard design or reference plant 
design and apply a graded approach when reviewing deviations from the 
standard design or reference plant design and site-specific and applicant- 
specific matters; and
(2) For those parts of the design that are the same as the identified 
standard design or the reference plant design, the Authority shall consider 
accepting the safety assessment of an experienced foreign nuclear regulatory 
body;
h) The PhilATOM shall set the minimum elevation for Emergency Diesel 
Generators (EDGs) of nuclear power plants which shall not be less than eighteen (18) 
meters above sea level. In no case shall EDGs and other emergency backup safety 
devices be located in the basement of nuclear power plants; and
i) Operator of nuclear power plants shall be assessed fees and charges as a 
condition for authorization: Provided, That the totality of fees shall not exceed 
Php0.02per kilowatt hour (kWh) of electricity sold by the NPP indexed to 2023 Peso 
value.
SEC. 18. Rejection, Suspension, Modification, Renewai, Revocation or 
Termination of Authorizations and Cessation of Authorized Facilities and 
Activities. -
a) Any authorization issued pursuant to this Act may be suspended, modified, 
or revoked by the PhilATOM:
(1) In the event of a violation of its terms and conditions;
(2) When the conditions under which it was issued are no longer met;
or
(3) In circumstances where the PhilATOM determines that continued 
activity under the authorization would pose an unacceptable risk to
20


1 
people or the environment: Provided, That, in the cases of
2 
paragraphs b)(l) and (2) herein, the authorized party shall be
3 
afforded reasonable opportunity to demonstrate compiiance with the
4 
terms and conditions of the reievant authorization.
5 
b) Upon the suspension, revocation, or expiration of an authorization which is
6 
not renewed, the authorized party shall be required to take such measures as may be
7 
necessary to protect the health and safety of the public or the national interest, and
8 
ensure the security of nuclear or other radioactive materiai and associated faciiities.
9 
The PhilATOM may, if necessary to protect the pubiic health and safety or the national
10 
interest, take temporary custody of any nuclear material or other radioactive material
11 
and associated facilities heid by the authorized party pending their appropriate and
12 
iawfui disposition by or for the authorized party.
13 
c) An authorization, inciuding any right thereunder, shall not be transferred nor
14 
assigned in any manner, either voluntarily or involuntarily, directly, or indirectly,
15 
through transfer of control of the authorization to any person.
16 
d) An authorization shall automatically cease to be valid when any time limit
17 
established by regulation or term or condition of the authorization has expired.
18 
e) An authorized party ceasing an authorized activity or practice, or applying
19 
for termination of an authorization previously granted, shall inform the PhilATOM prior
20 
to the cessation of that activity or practice or termination of an authorization and shali
21 
be released from regulatory control only upon a determination by the PhilATOM that
22 
all relevant terms and conditions of an authorization have been complied with and the
23 
cessation or termination shall not jeopardize the protection of people or the
24 
environment.
25 
SEC. 19. Inspection. -
26 
a) The PhilATOM shall establish an inspection program to monitor compliance
27 
with the requirements of this Act, applicable regulations, and the terms and conditions
28 
of authorizations issued by it.
29 
b) The PhilATOM shall formally appoint inspectors possessing required
30 
qualifications and training and shall issue them with appropriate credentials.
31 
c) The PhilATOM shall have the power to conduct inspections, obtain
32 
information, question persons, and carry out any other examination as may be
21


1 
necessary to verify compliance with the provisions of this Act, applicable regulations
2 
and the terms and conditions of authorizations issued by it.
3 
d) Inspectors shall have access at any time to all parts of the premises or
4 
facilities where activities or practices are carried out with a view to:
5 
(1) Obtaining information about the status of their radiation safety and
6 
security;
7 
(2) Verifying compliance with the provisions of this Act, any applicable
8 
regulations, and the terms and conditions of authorizations;
9 
(3) Investigating any incident or accident involving nuclear material or
10 
radiation sources;
11 
(4) Questioning any person who has duties which in the view of the
12 
authorized representatives of the PhilATOM may be pertinent to the
13 
inspection being carried out.
14 
e) Inspections shall include programmed inspections and reactive inspections,
15 
both announced and unannounced.
16 
f) The PhilATOM shall have the power to station inspectors at premises or
17 
facilities where activities and practices are carried out as may be determined by the
18 
PhilATOM to be necessary.
19 
g) Inspection results shall be documented and recorded and be made available
20 
to relevant officials, the authorized party and other entities as a basis for corrective or
21 
enforcement action or for development of the regulatory process.
22 
SEC. 20. Enforcement. -
23 
a) The PhilATOM shall establish and implement an enforcement policy for
24 
responding to non-compliance by authorized parties with the provisions of
25 
this Act, applicable regulations or the terms and conditions of an
26 
authorization.
27 
b) Where an authorized party or other person or entity is found to be non-
28 
compliant with any provision of this Act, applicable regulations or the terms
29 
and conditions of an authorization, the PhilATOM shall take enforcement
30 
action commensurate with the severity of the non-compliance: Provided,
31 
That any enforcement action shall 
be reviewed and approved 
by the
32 
PhilATOM Council.
22


1 
c) The authorized party or other person or entity subject to enforcement action
2 
shali take the necessary measures to remedy the non-compiiance within a
3 
reasonabie period, as required by the PhiiATOM, and take the necessary
4 
measures to prevent a recurrence.
5 
d) In any case where an inspector of the PhiiATOM has determined that an
6 
activity or practice is being conducted in vioiation of this Act, impiementing
7 
reguiations or the terms and conditions of an authorization and poses an
8 
immediate risk of injury to persons or substantiai damage to property or the
9 
environment, the inspector may:
10 
(1) Immediately order the temporary suspension of the activity or
11 
practice; or
12 
(2) Order the authorized party to prohibit workers who do not meet
13 
applicable requirements from engaging in the activity or practice;
14 
(3) Order that nuclear or radioactive material originating from a
15 
suspended activity or practice be safely and securely stored;
16 
e) Decisions taken by inspectors under paragraph d) shall continue to be in
17 
force unless and until:
18 
(1) Withdrawn by the relevant inspector;
19 
(2) Reversed or modified by action of the PhiiATOM through an
20 
administrative appeal; or
21 
(3) Reversed or modified through judicial review.
22 
f) The PhiiATOM shall issue a report containing relevant findings and identifying
23 
the evidentiary basis for the findings and enforcement action: Provided, That this
24 
report shall be made available to the authorized party: Provided, further. That the
25 
authorized party shall have the right to appeal the decisions of the PhiiATOM.
26
27
28
29
30
31
ARTICLE IV
RADIATION PROTECTION AND SAFETY
SEC. 21. Radiation Protection. - The PhiiATOM shall establish a system of 
control over radioactive sources and devices in which such sources are incorporated 
to ensure that they are safely managed and securely protected during their useful lives
23


1 
and at the end of their useful lives, in accordance with the recommendations and
2 
guidance of the International Commission on Radiological Protection and
3 
implementation of the relevant requirements of the IAEA.
4 
The following fundamental principles of radiation protection shall apply to all
5 
regulated facilities and activities:
6 
(1) No facility or activity will be authorized unless it produces sufficient
7 
benefit to exposed persons or to society in a manner that offsets the
8 
radiation harm that it may cause;
9 
(2) The magnitude of individual doses, the number of persons exposed,
10 
and the likelihood of incurring exposure are at all times kept as low
11 
as reasonably achievable, considering social and economic factors;
12 
and
13 
(3) The total dose to an individual does not exceed the dose limit set
14 
forth in the regulations.
15 
The PhilATOM shall establish dose limits for persons that may not be exceeded
16 
in all regulated facilities and activities. Such dose limits will consider the
17 
recommendations of recognized international bodies, including the IAEA.
18 
The PhilATOM shall promulgate appropriate standards and related guidelines to
19 
address all issues and concerns related to exposure to ionizing radiation from naturally-
20 
occurring radioactive materials.
21 
SEC. 22. Radiation Safety. - The PhilATOM shall:
22 
a) Establish a system of control over radioactive sources and devices in which
23 
such sources are incorporated to ensure that they are safely managed and securely
24 
protected during their useful lives and at the end of their useful lives;
25 
b) Establish a national registry of radioactive sources and shall adopt measures
26 
to protect information contained in the national registry to ensure the safety and
27 
security of these sources;
28 
c) Identify sources or practices to be exempted from regulatory control;
29 
d) Establish clearance levels below which radioactive material or radioactive
30 
objects within authorized activities and practices can be released from regulatory
31 
control;
24


1 
e) Require authorized parties to promptly report any loss of control over
2 
radioactive sources, or any other situation or incident in connection with a radioactive
3 
source that may pose a significant risk of radiological injury to persons or substantial
4 
damage to property or the environment; and
5 
f) Coordinate the development of a national strategy for promptly gaining or
6 
regaining control over material out of regulatory control. The national strategy shall
7 
be coordinated with relevant government agencies and approved by the National
8 
Security Council (NSC).
9
10
ARTICLE V
EMERGENCY PREPAREDNESS AND RESPONSE
11 
SEC. 23. On-site Emergency Planning and Response. - The PhilATOM
12 
shall establish, by regulation or conditions in an authorization, a requirement that
13 
arrangements for preparedness and response for on-site nuclear or radiological
14 
emergency be prepared and approved for any regulated facility or activity that could
15 
necessitate emergency response actions.
16 
The Authorized Party shall be responsible for preparing an on-site emergency
17 
plan, and for making arrangements for emergency preparedness and response,
18 
including a clear assignment of responsibility for immediate notification of an
19 
emergency coordinated with all relevant emergency intervention or response
20 
organizations. The on-site emergency plan shall also include measures for accident
21 
mitigation and remediation of consequences in coordination with the off-site
22 
emergency plan.
23 
In the event of a nuclear or radiological emergency, the Authorized Party shall
24 
implement the emergency plan as approved by the PhilATOM. The PhilATOM shall
25 
ensure that the Authorized Party is given sufficient authority to promptly take
26 
necessary protective actions on the site in response to a nuclear or radiological
27 
emergency that could result in off-site consequences.
28 
SEC. 24. National Plan for Off-site Nuclear or Radiological
29 
Emergencies. - A national plan shall be established to protect the public in a nuclear
30 
or radiological emergency declared as a consequence of an incident within or outside
25


1 
the territories and jurisdiction of the State: Provided, That this national emergency
2 
plan shall be integrated in the operational framework of the National Disaster Risk
3 
Reduction and Management Council: Provided, further. That the plan shall be
4 
maintained and approved by the head of the lead agency in charge of overseeing the
5 
national response organization.
6 
In preparing the national emergency plan and in the event of an emergency,
7 
the PhilATOM shall advise the government and relevant response organizations, and
8 
shall provide expert services for radiation monitoring and risk assessment for actual
9 
and expected future radiation risks in accordance with its assigned responsibilities.
10 
Nuclear or radiological emergency response training, drills and exercises,
11 
involving authorized parties and response organizations, shall be carried out regularly
12 
to contribute to an effective emergency response. The training, drills and exercises
13 
shall cover a full range of postulated emergencies, including emergencies with
14 
transboundary consequences.
15 
SEC. 25. Transboundary Emergencies. - In the event of a nuclear or
16 
radiological emergency that poses a risk that radioactive contamination could spread
17 
beyond the boundaries of the Philippines, the PhilATOM shall immediately notify the
18 
IAEA and the relevant authorities of any State which is or may be physically affected
19 
by a release that could be of radiological significance for that State.
20 
The PhilATOM shall serve as the point of contact for providing any information
21 
or assistance regarding nuclear or radiological emergencies under the terms of
22 
relevant international instruments to which the Philippines is a party.
23 
ARTICLE VI
24 
NUCLEAR SECURITY
25 
SEC. 26. Regulation of Physical Protection. - The PhilATOM shall establish
26 
requirements for the categorization of nuclear material and the physical protection,
27 
including cybersecurity, of nuclear material, in use, storage, and transport and of
28 
nuclear facilities based on a graded approach to:
29 
a) Protect against theft and other unlawful taking of nuclear material or
30 
other radioactive material;
26


1 
b) Implement rapid and comprehensive measures to locate and recover
2 
missing or stolen nuclear material or other radioactive material;
3 
c) Protect nuclear or other radioactive material and associated facilities
4 
against sabotage;
5 
d) Mitigate or minimize the radiological consequences of sabotage; and
6 
e) Protect against and minimize the threat of cyber attack.
7 
The requirements established by the PhilATOM shall include:
8 
(1) Authorization requirements and procedures that include conditions
9 
for physical protection, including computer security;
10 
(2) Inspection and monitoring measures to verify compliance with
11 
applicable physical protection requirements; and
12 
(3) Enforcement measures in case of non-compliance with this Act,
13 
applicable regulations or terms and conditions of authorizations.
14 
During international transport of nuclear material or other radioactive material,
15 
including within the territory of the Philippines, and on board a ship or aircraft under
16 
its jurisdiction and engaged in transport to or from the Philippines, physical protection
17 
measures shall be applied to different categories of nuclear material in accordance
18 
with the relevant international instruments to which the Philippines is a party.
19 
The export, import, or transit of nuclear material or other radioactive material
20 
from, to or within the Philippines shall not be authorized unless the Philippines has
21 
received assurances that such material shall be protected during transport in
22 
accordance with the relevant international instruments to which the Philippines is a
23 
party.
24 
The PhilATOM shall coordinate with other relevant Government security
25 
authorities in connection with the requirements for the physical protection of any
26 
nuclear material or other radioactive material, including a regular conduct of a national
27 
threat assessment to evaluate the vulnerabilities of the country's nuclear security,
28 
adoption of a nuclear detection architecture, adoption of a human development
29 
program in nuclear security, periodic reviews of national legislation on nuclear
30 
security and recommend amendments as necessary, review and recommend
31 
adherence to international legal instruments for nuclear security, and design a program
27


1 
for promotion of a nuclear security culture among relevant competent authorities and
2 
authorized parties.
3 
SEC. 27. Responsibilities of the Authorized Party on Physical
4 
Protection. —
5 
a) The authorized party, or holder of the relevant authorizing documents in the
6 
case of international transportation, shall have the prime responsibility for the
7 
implementation of physical protection of nuclear material and nuclear facilities.
8 
b) Where there has been a theft, robbery, or other unlawful taking, credible
9 
threat of unlawful taking, or loss of nuclear or other radioactive material, the
10 
authorized party shall:
11 
(1) 
Notify the PhilATOM, without delay, of the incident and
12 
circumstances thereof;
13 
(2) 
Provide a written report, including particulars, to the PhilATOM as
14 
soon as practicable after providing notice; and
15 
(3) 
Provide the PhilATOM with any additional information requested.
16 
c) An authorized party shall provide prompt notification of an orphan source or
17 
other incident involving a source that may pose safety or security risks.
18 
SEC. 28. International Cooperation and Assistance. - The PhilATOM shall
19 
serve as the point of contact for matters related to physical protection under the terms
20 
of relevant international instruments to which the Philippines is a party, including with
21 
respect to cooperation and assistance arrangements with other States and
22 
international organizations.
23 
In the event of theft, robbery, or other unlawful taking, credible threat of
24 
unlawful taking, or loss of nuclear or other radioactive material, the PhilATOM shall
25 
take appropriate steps as soon as possible to inform other States or international
26 
organizations that may be affected of the circumstances of the incident in accordance
27 
with the relevant international instruments to which the Philippines is a party.
28 
The PhilATOM shall be the central authority in the Philippines responsible for
29 
coordinating the recovery and response in the event of any theft, robbery or other
30 
unlawful taking, or loss of nuclear material or radioactive material.
31 
SEC. 29. Protection of Confidential Information. -
28


1 
No person shall disclose confidential information relating to the physical
2 
protection of nuclear material or nuclear facilities.
3 
A person who discloses confidential information relating to the physical
4 
protection of nuclear material or other radioactive material or associated facilities shall
5 
be liable for violation under Sec. 47 of this Act.
6 
SEC. 30. Protection of Sensitive Digital Assets (SDAs). - Computer-
7 
based systems used for physical protection, nuclear safety, and nuclear material
8 
accountancy and control shall be protected against compromise, such as cyber-attack,
9 
manipulation or falsification, consistent with the design basis threat (DBT).
10 
The PhilATOM, in consultation with the Department of Information and
11 
Communications Technology (DICT), shall develop and maintain a national computer
12 
security strategy as part of its nuclear security regime.
13 
SEC. 31. Unauthorized Handling of Radioactive/Nuclear Material and
14 
Devices. -
15 
a) Whoever, without lawful authority, receives, possesses, transfers, alters, or
16 
disposes of nuclear or other radioactive material or possesses a device:
17 
(1) with the intent to cause:
18 
(i) death or serious bodily injury; or
19 
(ii) substantial damage to property or to the environment.
20 
(2) which causes or is likely to cause death or serious injury to any
21 
person or substantial damage to property or to the environment
22 
shall be punished with the penalties provided under Sec. 47 hereof, considering the
23 
grave nature of such offenses;
24 
b) Whoever commits:
25 
(1) a theft or robbery of radioactive/nuclear material;
26 
(2) an embezzlement or fraudulent obtainment of radioactive/nuclear
27 
material; or
28 
(3) an act which constitutes the carrying, sending, or moving of
29 
radioactive material into or out of a State without lawful authority
30 
shall be punished with penalties provided under Sec. 47 hereof,
31 
considering the grave nature of such offenses;
29


1 
c) Whoever threatens to commit an offense set forth in paragraph b(l) of this
2 
Section in order to compel a person, international organization or State to do or to
3 
refrain from doing any act shall be punished with penalties provided under Sec. 47
4 
hereof, considering the grave nature of those offenses;
5 
d) Whoever demands nuclear or other radioactive material or a device by
6 
threat, or by use of force, or by any other form of intimidation, under circumstances
7 
which indicate the credibility of the threat, shall be punished with penalties provided
8 
under Sec. 47 hereof considering the grave nature of those offenses;
9 
e) Whoever, without lawful authority, uses or disperses in any way
10 
radioactive/nuclear material or uses or makes a device:
11 
(1) with the intent to cause:
12 
(i) death or serious bodily injury; or
13 
(ii) substantial damage to property or to the environment; or
14 
(2) to compel a person, an international organization, or a State to do
15 
or refrain from doing an act; or
16 
(3) which causes or is likely to cause death or serious injury to any
17 
person or substantial damage to property or to the environment.
18 
shall be punished with penalties provided under Sec. 47 hereof, considering the grave
19 
nature of those offenses; and
20 
f) Whoever threatens to commit the offense set forth in paragraph (a) of this
21 
Section shall be punished with penalties provided under Sec. 47 hereof, considering
22 
the grave nature of those offenses.
23 
SEC. 32. Offenses Relating to Nuclear and Radiation Facilities. -
24 
a) Whoever uses or damages a nuclear or radiation facility, interferes with its
25 
operation, or commits any other act directed against a nuclear facility in a manner
26 
which releases or risks the release of radioactive material:
27 
(1) with the intent to cause:
28 
(i) death or serious bodily Injury; or
29 
(ii) substantial damage to property or to the environment; or
30 
(2) with knowledge that the act is likely to cause death or serious injury
31 
to any person or substantial damage to property or to the
30


1 
environment by exposure to radiation or release of radioactive
2 
substances; or
3 
(3) to compel a person, an international organization, or a State to do
4 
or refrain from doing an act, shall be punished with penalties
5 
provided under Sec. 47 hereof, considering the grave nature of those
6 
offenses;
7 
b) Whoever threatens to commit an offense set forth in paragraph (a) of this
8 
Section shall be punished with penalties provided under Sec. 47 hereof, considering
9 
the grave nature of those offenses; and
10 
c) Whoever demands a nuclear or radiation facility by threat or by use of force
11 
or by any other form of intimidation, under circumstances which indicate the credibility
12 
of the threat shall be punished with penalties provided under Sec. 47 hereof
13 
considering the grave nature of those offenses.
14 
SEC. 33. Jurisdiction. - The Philippines shall have jurisdiction over the
15 
offenses set forth in this Act, as follows:
16 
a) When the offense is committed within the territory of the Philippines or on
17 
board a ship or aircraft registered in the Philippines;
18 
b) When the alleged offender is a national or permanent resident of the
19 
Philippines;
20 
c) When the alleged offender is present in the territory of the Philippines and
21 
is not extradited to any other State asserting jurisdiction; and
22 
d) When an act is done outside the Philippines, if the act is done in the course
23 
of international transport of nuclear material in a case where it is the State where the
24 
shipment originates or the State of ultimate destination.
25 
SEC. 34. Extradition. - The offenses set forth in this Article shall be
26 
considered as extraditable offenses pursuant to any extradition treaty between the
27 
Republic of the Philippines and any State that is a party to the relevant international
28 
instrument.
29
30
ARTICLE VII
SAFEGUARDS AGREEMENTS AND PROTOCOLS THERETO
31


1 
SEC. 35. Application of Safeguards. - The PhilATOM shall:
2 
(1) Ensure the implementation of the obligations of the Philippines
3 
arising from the Treaty on the Non-Proliferation of Nuciear Weapons
4 
and the Safeguards Agreements;
5 
(2) Collect and provide to the IAEA the information required to fully
6 
implement the Safeguards Agreements;
7 
(3) Facilitate access by IAEA inspectors within the territory of the
8 
Phiiippines; and
9 
(4) Coordinate with other relevant Government authorities in the
10 
provision of information to the IAEA in connection with the
11 
Safeguards Agreement.
12 
The PhilATOM shall allow designated inspectors of the IAEA to enter and remain
13 
in the territory of the Philippines for the purpose of carrying out their safeguards
14 
functions in accordance with the Safeguards Agreements without the need to obtain
15 
visas.
16 
The PhilATOM shall ensure timely detection of diversion of nuclear material from
17 
peaceful purposes.
18 
SEC. 36. Domestic Safeguards Inspections. - Domestic safeguards
19 
inspectors and designated inspectors of the IAEA shall have access to any location or
20 
nuclear facility as provided for under the Safeguards Agreements, with a view to
21 
conducting the verification activities authorized by the Safeguards Agreements. They
22 
shall have the inspection powers as stipulated in Sec. 19 of this Act.
23 
All agencies of the Government and all authorized parties shall allow the
24 
PhilATOM and the IAEA to carry out any measures the PhilATOM or the IAEA considers
25 
necessary or appropriate for achieving compliance with the undertakings of the
26 
Philippines in the Safeguards Agreements.
27 
All agencies of the Government and ail authorized parties shall cooperate fully
28 
with the PhilATOM and the IAEA in the application of safeguards measures, including
29 
by:
30 
(1) Promptly providing all necessary information under the Safeguards
31 
Agreements;
32


1 
(2) Providing access to iocations and nuclear faciiities as required by the
2 
Safeguards Agreements; and
3 
(3) Providing support to the Phi I ATOM and IAEA inspectors in the
4 
performance of their tasks.
5 
SEC. 37. System of Accounting for and Control of Nuclear Material. -
6 
The PhiiATOM shaii estabiish and maintain a system for the accounting for and controi
7 
of nuciear material in the Phiiippines, which shaii include:
8 
a) A system for the measurement of nuclear material;
9 
b) A system for the evaluation of measurement accuracy;
10 
c) Procedures for reviewing measurement differences;
11 
d) Procedures for carrying out physical inventories;
12 
e) Procedures for reporting the loss or misappropriation of, interference with,
13 
or an accident involving nuclear material;
14 
f) A system for evaluation of unmeasured inventories;
15 
g) A system of records and reports for tracking nuclear material inventories and
16 
flows;
17 
h) Procedures for ensuring that accounting methods and arrangements are
18 
being operated correctly; and
19 
i) Procedures for reporting to the IAEA.
20 
SEC. 38. Responsibilities of Authorized Parties. -Authorized parties
21 
possessing, using, handling, or processing nuclear material subject to the Safeguards
22 
Agreements shall:
23 
a) Maintain records as prescribed by the PhiiATOM;
24 
b) Submit the prescribed reports to the PhiiATOM in the form, and at the times,
25 
specified by the PhiiATOM;
26 
c) Perform the measurements of nuclear material and maintain required
27 
measurement control programs, as specified by the PhiiATOM;
28 
d) Provide the PhiiATOM with information regarding the design of any nuclear
29 
facility, including any design changes, as specified by the PhiiATOM;
30 
e) Conduct physical inventories of nuclear material, as specified by the
31 
Authority;
33


1 
f) Give notice to the PhilATOM on the import or export of nuclear material, as
2 
specified by the PhilATOM;
3 
g) Maintain physical protection and other security measures with respect to
4 
nuclear material, as specified by the PhilATOM;
5 
h) Immediately inform the PhilATOM of any interference with or loss or
6 
misappropriation of nuclear material or of any accident which has led to, or could lead
7 
to, violation of the integrity of nuclear material;
8 
i) Provide reports on planned future activities, as specified by the PhilATOM;
9 
and
10 
j) Allow authorized representatives of the PhilATOM and designated officials
11 
of the IAEA to carry out, without hindrance, inspections at any nuclear facility or other
12 
location as provided for under this Act and the Safeguards Agreements.
13 
SEC. 39. Information Requirements under the Protocol Additional to
14 
the Comprehensive Safeguards Agreement. -
15 
Any person intending to carry out research and development activities related
16 
to the nuclear fuel cycle, as defined in the Safeguards Agreements, shall provide to
17 
the PhilATOM information on such activities prior to their commencement.
18 
An authorized party performing activities subject to the Safeguards Agreements
19 
shall submit to the PhilATOM the information and data necessary for compliance by
20 
the Philippines with the undertakings by the Philippines arising from the Safeguards
21 
Agreements.
22 
The PhilATOM shall gather information on the provisions of Article 2 of the
23 
Information Circular (INFCIRC)/540 - Model Protocol Additional to the Agreement(s)
24 
Between State(s) and the IAEA for the Application of Safeguards and submit
25 
declarations to the IAEA.
26 
The PhilATOM shall ensure the strictly/timely compliance of the requirements
27 
of articles 3 to 15 of the INFCIRC/540.
28
29
ARTICLE VIII
TRANSPORT, IMPORT, AND EXPORT CONTROLS
34


1 
SEC. 40. Transport of Radioactive Material. -The PhilATOM shall establish
2 
requirements for the transport of radioactive materiai to, from, and within the
3 
jurisdiction of the Philippines.
4 
The requirements adopted pursuant to this Section shaii:
5 
(1) Inciude a categorization of radioactive materiai that considers the
6 
potential hazard posed by types, quantities, and activity levels of
7 
such material;
8 
(2) Consider the technicai requirements of the iatest edition of the
9 
Reguiations for the Safe Transport of Radioactive Material issued by
10 
the IAEA; and
11 
(3) Accept, and may not require the reiicensing of, transport packages
12 
or containers licensed for transport by an experienced foreign nuciear
13 
reguiatory body in a state that is in good standing under international
14 
nuclear instrument.
15 
SEC. 41. Export and Import of Nuclear or Other Radioactive Material.
16 
- The PhiiATOM shaii establish reguiatory requirements and relevant guides for the
17 
export and import of nuclear and radioactive materials which require iicenses to
18 
ensure, among others, the following:
19 
(1) An authorization from the PhilATOM prior to export or import with
20 
the assurance of applying safeguards and physical protection
21 
measures to protect public health, safety, and security;
22 
(2) That before import,the exporter has an authorization from the
23 
competent authority of the country of origin to export such materials
24 
to the Philippines in accordance with laws and regulations of that
25 
country; and
26 
(3)Thatbefore export,the importing country has the appropriate
27 
technical and administrative capability, resources, and reguiatory
28 
infrastructure needed for the safe and secure management of the
29 
requested nuclear and other radioactive material, particularly disused
30 
sources.
31 
SEC. 42. Coordination with Other Government Authorities. - The
32 
PhilATOM shall coordinate with the Department of Trade and Industry - Strategic Trade
35


1 
Management Office (DTI-STMO) and the Bureau of Customs and border authorities of
2 
the Philippines in accordance with the Customs Modernization and Tariff Act, for the
3 
review and approval of export authorizations of nuclear materials.
4 
A coordination mechanism between the PhilATOM and DTI-STMO on export and
5 
import controls shall be established: Provided, That the requirements for the import,
6 
export, and transit of controlled items to, from and within the territory of the
7 
Philippines, shall ensure:
8 
(1) Provision for periodic revision lists of controlled items;
9 
(2) End user controls;
10 
(3) Requirements for notification prior to shipment of exports where such
11 
notification has been determined to be necessary; and
12 
(4) Requirements for record keeping;
13 
Provided further, That the criteria for the granting of an authorization or license
14 
to export nuclear related items or nuclear related dual-use items identified by the
15 
PhilATOM as being subject to control shall ensure that:
16 
(1) The receiving State has in force an agreement with the IAEA
17 
requiring the application of safeguards and is in good standing under
18 
such agreement;
19 
(2) The receiving State has made a binding commitment to use the
20 
transferred items for peaceful purposes only and that IAEA
21 
safeguards will be applied to the transferred items;
22 
(3) The retransfer of exported controlled items to a third State or any
23 
reprocessing or enrichment of supplied nuclear material or involving
24 
the use of exported controlled items, is subject to a right of prior
25 
approval by the Philippines;
26 
(4) The levels of physical protection that will apply to the exported
27 
material will be consistent with those set forth in the Convention on
28 
the Physical Protection of Nuclear Material as amended by the
29 
Amendment to the Convention on the Physical Protection of Nuclear
30 
Material;
36


1 
(5) The applicant has provided information on the end use and end user
2 
of the controlled items that confirms the legitimate peaceful and
3 
secure use of such items;
4 
(6) For spent nuclear fuel or radioactive waste:
5 
(i) The receiving State has received prior notification of, and has
6 
consented to, the transfer; and
7 
(ii) Export will not be authorized to a destination south of latitude
8 
sixty (60) degrees south (Antarctica) for storage or disposal;
9 
(7) If applicable, all relevant States have given consent to the transit of
10 
the items and material through their territory; and
11 
(8) The consignee, consignor, consignment, and carrier of the items and
12 
material have been appropriately licensed:
13 
Provided finally, That the criteria for the granting of an authorization to import
14 
controlled items by the PhilATOM shall ensure that:
15 
(1) The importation of the items is not otherwise prohibited by law of
16 
the Republic of the Philippines;
17 
(2) The exporting State shall require the application of appropriate levels
18 
of physical protection to the international transport;
19 
(3) If applicable, all relevant States have given consent to the transfer
20 
of the items and material through their territory;
21 
(4) The consignee, consignor, consignment, and carrier of the items and
22 
material have been appropriately licensed; and
23 
(5) The end user of the imported nuclear items and material has the
24 
demonstrated technical and administrative capability and resources
25 
to use the imported nuclear items in a safe and secure manner.
26
27
ARTICLE IX
RADIOACTIVE WASTE AND SPENT FUEL
28 
SEC. 43. Requirements for Radioactive Waste and Spent Nuclear Fuel
29 
Management. - The PhilATOM shall promulgate safety and security regulations for
37


1 
the protection of people and the environment from adverse impacts of radioactive
2 
waste and spent fuel management activities.
3 
To ensure the effective oversight of radioactive waste management and spent
4 
fuel activities, the PhilATOM shall establish:
5 
(1) A system of authorization of facilities and activities;
6 
(2) A system of regulatory inspection, documentation, and reporting,
7 
and in the case of disposal, a system of institutional control; and
8 
(3) A system of enforcement to ensure compliance with applicable
9 
regulations and the terms and conditions of authorizations for
10 
radioactive waste management activities.
11 
SEC. 44. General Principles Applying to Radioactive Waste and Spent
12 
Fuel Management. - At ail stages in the management of radioactive waste and spent
13 
fuel in the Philippines, the following principles shall be applied by all persons and
14 
entities, including governmental bodies:
15 
a) People and the environment are adequately protected against radiological
16 
and other hazards;
17 
b) The generation of radioactive waste is kept to the minimum practicable;
18 
c) The interdependence among the different steps of radioactive waste and
19 
spent fuel management is considered;
20 
d) Protective measures for radioactive waste and spent fuel management in the
21 
Philippines are implemented in a manner that reflects internationally recognized
22 
criteria, standards and guidance adopted by the IAEA;
23 
e) Biological, chemical, and other hazards that may be associated with
24 
radioactive waste and spent fuel management are adequately addressed;
25 
f) Criticality and removal of residual heat generated during radioactive waste
26 
and spent fuel management are adequately addressed;
27 
g) Actions imposing reasonably predictable impacts on future generations
28 
greater than those permitted for the current generation are avoided;
29 
h) Undue burdens on current and future generations are avoided;
30 
i) Spent fuel may be kept in interim storage pending final disposal by geologic
31 
isolation using deep boreholesor any other method as may be prescribed by the
32 
PhilATOM;
38


1 
(j) The operator of a nuclear installation shall be solely responsible for the
2 
funding of radioactive waste and spent fuel management and disposal; and
3 
(k) The application of other existing environmental laws, rules and regulations.
4 
SEC. 45. Implementation of Radioactive Waste Disposal Plans. -The
5 
disposal of low and intermediate level radioactive waste shall be considered in above
6 
or below grade near surface disposal facilities. The locations for this disposal shall be
7 
designated by the Department of Environment and Natural Resources (DENR), in
8 
accordance with established safety requirements and environmental standards.
9 
The disposal of high-level radioactive waste shall be bydeep geological
10 
repositoryuntil such time that the repository is filled with its maximum capacity and is
11 
sealed with finality. The repository shall be exclusively managed by the competent
12 
authority created by the government pursuant to a national law.
13 
SEC. 46. National Policy and Strategy. -
14 
a) A national policy and strategy for radioactive waste and spent fuel
15 
management shall be developed and approved at the national level by a presidential
16 
issuance, until and unless a law has been promulgated to this effect.
17 
b) The DENR shall, in coordination with the PNRI, the PhilATOM, and other
18 
relevant agencies, identify a minimum area of two hundred (200) hectares as site for
19 
the management of low and intermediate level radioactive waste which shall be called
20 
"The National Low and Intermediate Level Waste Management Site."
21 
c) 
The PNRI shall establish an office tasked to manage the low and
22 
intermediate level radioactive waste to be called the "Low and Intermediate Level
23 
Radioactive Waste Management Office/Center"
24 
d) 
Spent Fuel (SNF) from LWRs and HWRs shall be stored in dry cask after
25 
the fuel has been cooled in the spent fuel pool (SNP) for five (5) years from the time
26 
it is unloaded from the reactor for replacement. The period to transfer to dry cask
27 
shall start on the first day of the sixth year and shall not exceed the last day of the
28 
seventh year from the time the fuel assembly has been unloaded from the reactor for
29 
replacement. The PhilATOM shall consider the suitability of such storage for other
30 
types of nuclear reactors.
31 
e) The PhilATOM may certify remote dry cask interim storage concrete pads or
32 
roofed interim storage facilities located anywhere in the Philippines.
39


1 
ARTICLE X
2 
OFFENSES, PENALTIES, AND APPEALS
3 
SEC. 47. Criminal Offenses and Penalties. - The following shall constitute
4 
criminal offense and their corresponding penalties:
5 
a) Any person who shall willfully violate, attempt to violate, or conspire to
6 
violate any provision of Sec. 14 of this Act, shall upon conviction thereof, suffer the
7 
penalty of imprisonment of not more than five (5) years or a fine of not less than Five
8 
million pesos (Php5,000,000.00) or both at the discretion of the Court.
9 
b) The provisions of the Revised Penal Code (RPC), as amended, shall apply to
10 
any person who shall willfully violate, attempt to violate, or conspire to violate the
11 
provisions of Sections 29, 31, and 32 of this Act with penalty one (1) degree higher
12 
than the ones prescribed by the RPC, as amended. In case the degree of penalties
13 
does not apply, or when the offense or offenses constitute a violation of a special penal
14 
law, an additional penalty of one (1), two (2), and three (3) years, for crimes
15 
equivalent to light, less grave, and grave offenses, respectively, shall be imposed in
16 
addition of the penalty provided by the applicable special penal law.
17 
c) Any person who shall willfully violate, attempt to violate, or conspire to
18 
violate any other provisions of this Act, regulation, order, authorization or license
19 
issued under the authority of this Act, shall, upon conviction thereof, suffer the penalty
20 
of imprisonment of not more than two (2) years or a fine of not less than One million
21 
pesos (Phpl,000,000.00) or both at the discretion of the Court.
22 
The PhilATOM may, motuproprio or upon the initiative of any interested person,
23 
file a verified complaint for any of the acts complained hereof.
24 
SEC. 48. Administrative Offense and Appeals of Regulatory Decisions.
25 
- The PhilATOM shall establish a range of penalties, both administrative and civil, to
26 
be imposed in cases of non-compliance with the applicable regulatory requirements
27 
or the terms and conditions of an authorization.
28 
Administrative penalties imposed by the PhilATOM may include notice of
29 
violation, fine, suspension, modification, cease-and-desist order, or revocation of an
30 
authorization.
40


1 
Civil monetary penalties in the form of fines shall be assessed by the PhilATOM
2 
for each violation identified which shall not be less than Fifty thousand pesos
3 
(P50,000.00) but not more than One hundred million pesos (P100,000/000.00):
4 
Provided, That in cases of repeated acts of non-compliance or violation hereof, an
5 
additional fine of not less than Ten thousand pesos (P10,000.00) but not more than
6 
One hundred thousand pesos (P100,000.00) shall be imposed for each day of
7 
continuing violation.
8 
The Court of Appeals shall have the power of judicial review over any final order
9 
or decision of the PhilATOM.
10
11
ARTICLE XI 
FINAL PROVISIONS
12 
SEC. 49. Liability and Financial Security in the Event of a Nuclear
13 
Accident. - The Sections of Part VII , Liability for Nuclear Damage, of the Atomic
14 
Energy Regulatory and Liability Act of 1968 shall continue to apply in accordance with
15 
international nuclear liability instruments to which the Philippines is a party: Provided,
16 
That in the event of a nuclear accident, the operator of a nuclear installation shall bear
17 
the absolute liability for compensating victims for bodily injury, death, loss of property,
18 
or environmental damage resulting from the accident, in accordance with Republic Act
19 
No. 5207 or the National Nuclear Liability Law, as may be amended, and the relevant
20 
international legal instruments ratified by the Philippines.However, the operator shall
21 
be exempt from liability if he proves that the nuclear damage is directly due to an act
22 
of armed conflict, hostilities, civil war, or insurrection: Provided, further. That the
23 
maximum amount of liability for nuclear damage caused by any one nuclear accident
24 
shall be 300 million Special Drawing Rights (SDRs), exclusive of interest or costs which
25 
may be awarded by a competent court in actions for compensation of such nuclear
26 
damage. The amount may be subject to change, as determined by the PhilATOM, in
27 
accordance with international conventions ratified by the Philippines.
28 
The operator of a nuclear installation shall maintain insurance and adequate
29 
financial security covering his liability for nuclear damage in such amount, of such type
30 
and in such terms as the relevant law shall specify. The operator may partially or fully
41


1 
obtain the insurance from domestic or international markets, or may request insurance
2 
from the nuciear insurance pool.
3 
In cases where there is no provision in this Law on nuciear damage caused by
4 
nuciear accidents, the provisions of the Conventions ratified by the Philippines shali
5 
apply.
6 
SEC. 50. Existing Authorizations and Regulatory Issuances. - Licenses
7 
and authorizations issued by the PNRI and FDA-CDRRHR shail remain valid until the
8 
indicated expiration date unless modified, suspended, or revoked by the PhilATOM. Ail
9 
existing regulations, rules and orders issued by the PNRI and FDA-CDRRHR shali
10 
remain in force until superseded by the regulations, standards, and orders issued by
11 
the PhiiATOM.
12 
SEC. 51. Transition Period. - The transfer of functions, assets, funds,
13 
equipment, properties, transactions, and personnel of the affected agencies, and the
14 
formuiation of the internal organic structure, staffing pattern, and operating system
15 
of the PhilATOM, shall be completed within one (1) year from the effectivity of this
16 
Act: Provided, That until new appointments and new staffing pattern shall have been
17 
issued, the existing personnel of all subsumed entities shali continue to assume their
18 
posts on holdover capacities until new appointments or a new staffing pattern shall
19 
have been issued.
20 
A Transition Committee is hereby created which shall be composed of the
21 
Director of the Phiiippine Nuclear Research Institute of the Department of Science and
22 
Technology, the Director of the Center for Device Regulation, Radiation Heaith, and
23 
Research under the Food and Drug Administration (FDA) of the Department of Health,
24 
and the Director General of FDA.
25 
The Transition Committee shall facilitate the complete and full operation of the
26 
PhilATOM which shall not be later than one (1) year after the effectivity of this Act. It
27 
shall likewise promulgate the Transition Plan necessary to effectively implement the
28 
smooth and orderly transfer to the PhilATOM of the subsumed agencies.
29 
The PhilATOM, in consultation with the Transition Committee and the DBM, shali
30 
create the staffing pattern within one hundred twenty (120) days after the effectivity
31 
of this Act. The PhilATOM shall draw up its organizationai structure with the necessary
42


1 
qualification requirements and standards in accordance with the Civil Service Law,
2 
rules, and regulations for evaluation and approval of the DBM.
3 
All regulatory functions of the Philippine Nuclear Research Institute (PNRI) are
4 
hereby transferred to the PhilATOM including all powers, duties, records, files,
5 
equipment, assets, and funds.
6 
All regulatory functions regarding the use of devices generating ionizing
7 
radiation of the Radiation Regulation Division of the Center for Device Regulation,
8 
Radiation, Health and Research (CDRRHR) of the Department of Health (DOH) - Food
9 
and Drug Administration (FDA) are hereby transferred to the PhilATOM including all
10 
powers, functions, duties, records, files, equipment, assets, and funds.
11 
There shall be no demotion in ranks and positions, and no diminutions in
12 
salaries, benefits, allowances, and emoluments of all PNRI and CDRRHR personnel to
13 
be transferred to the PhilATOM.
14 
Qualified employees of the PhilATOM and its attached units shall be covered by
15 
Republic Act No. 8439, otherwise known as the Magna Carta for Scientists, Engineers,
16 
Researchers and other Science and Technology Personnel in the Government".
17 
SEC. 52. Enhancement of Technical Competence. — The PhilAtom shall
18 
establish rigorous training programs for its staff for the purpose of enhancing the
19 
technical competence of the agency to adequately perform its duties and functions.
20 
SEC. 53. PhilATOM Headquarters. - A land area equivalent to at least ten
21 
(10) hectares out of the lands under the administration of the Bases Conversion and
22 
Development Authority within the Clark Special Economic Zone in Pampanga and
23 
Tarlac, shall be allocated exclusively for the PhilATOM office: Provided, That the
24 
PhilATOM shall establish additional offices in strategic areas as it may deem necessary:
25 
Provided, further. That the boundaries and technical descriptions of these land areas
26 
shall be determined by an actual and joint group survey.
27 
SEC. 54. Appropriations. - The sum of One billion pesos
28 
(P1,000,000,000.00) is hereby appropriated as the initial operating fund of the
29 
PhilATOM, taken from the current fiscal year's appropriation of the Office of the
30 
President and from the current year's appropriations of the PNRI and CDRRHR of the
31 
DOH-FDA. Thereafter, the amount needed for the operation and maintenance of the
32 
PhilATOM shall be included in the General Appropriations Act.
43


1 
SEC. 55. Implementing Rules and Regulations. - Within one hundred and
2 
eighty (180) days from the effectivity of this Act, the PhilATOM shall promulgate the
3 
necessary rules and regulations necessary for the effective implementation of this Act.
4 
SEC. 56. Period of Commencement. - Notwithstanding Sec. 52 of this Act,
5 
the period therein shall commence only after the PhilATOM Council shall have been
6 
duly constituted.
7 
SEC. 57. Joint Congressional Oversight Committee (JCOC). - There
8 
shall be created a Joint Congressional Oversight Committee (JCOC) to oversee the
9 
implementation of this Act and to review the accomplishments and the utilization of
10 
income of the PhilATOM.
11 
The JCOC shall be composed of five (5) members from the Senate and five (5)
12 
members from the House of Representatives, including the Chairpersons of the
13 
Committee on Science and Technology, Committee on Health and Demography, and
14 
Committee on Finance of the Senate and two (2) members, to be appointed by the
15 
President of the Senate, and the Chairpersons of the Special Committee on Nuclear
16 
Energy, the Committee on Health, and the Committee on Appropriations of the House
17 
of Representatives and two (2) members, to be appointed by the Speaker: Provided,
18 
That one (1) member from each chamber shall come from the minority. The secretariat
19 
of the JCOC shall be drawn from the existing personnel of the committees comprising
20 
the JCOC.
21 
SEC. 58. Separability Clause. - If any provision of this Act is declared
22 
unconstitutional, the remainder thereof not otherwise affected shall remain in full force
23 
and effect.
24 
SEC. 59. Repealing Clause. - The pertinent provisions of Republic Act No.
25 
2067, otherwise known as the Science Act of 1958, as amended. Republic Act No.
26 
5207, otherwise known as the Atomic Energy Regulatory and Liability Act of 1968, as
27 
amended. Republic Act No. 9711 otherwise known as the Food and Drug
28 
Administration Act of 2009, and Executive Order No. 128 Series of 1987 on
29 
Reorganizing the National Science and Technology Authority are hereby repealed.
30 
All other laws, presidential decrees, executive orders, letters of instruction,
31 
proclamations, administrative rules and regulations, and other issuances or parts
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1 
thereof that are inconsistent with the provisions of this Act are hereby repealed or
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modified accordingly.
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SEC. 60. Effectivity. -This Act shall take effect fifteen (15) days following its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,
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