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PRESIDENTIAL DECREE NO. 1484
PRESIDENTIAL DECREE NO. 1484 -
AMENDING CERTAIN SectionS OF REPUBLIC ACT NUMBERED FIFTY-TWO HUNDRED
AND SEVEN ENTITLED "AN ACT PROVIDING FOR THE LICENSING AND REGULATION
OF ATOMIC ENERGY FACILITIES AND MATERIALS, ESTABLISHING THE RULES ON
LIABILITY FOR NUCLEAR DAMAGE, AND FOR OTHER PURPOSES"
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WHEREAS,
Republic Act No. 5207 entitled "The Atomic Energy Regulatory and
Liability Act of 1968" was enacted to encourage, promote and assist the
development and use of atomic energy for all peaceful purposes as a
means to improve the health and prosperity of the inhabitants of the
Philippines, contribute to the general welfare and accelerate
scientific, technological, agricultural, commercial and industrial
progress;chanroblesvirtualawlibrary
WHEREAS, the Government has entered into agreements for the
installation, construction, development, maintenance and use of nuclear
power plans in the Philippines to generate electric power to promote
the above-enumerated objectives of the Atomic Energy Regulatory and
Liability Act of 1968;chanroblesvirtualawlibrary
WHEREAS, the aforesaid agreements have brought to light the need for
amending certain provisions of the said Act in order to further
facilitate and encourage the wider use and application of atomic energy
for peaceful purposes in the Philippines and as well as to attract
local and international nuclear suppliers to invest and cooperate in
the installation, construction, maintenance and use of nuclear power
projects in the country.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order as part of the law of the land the following: chanroblesvirtualawlibrary
Section 1. Section 3(f) of Republic Act No. 5207 is
hereby amended to read as follows:cralaw:red
(f) ""Nuclear Damage" means loss of, life, any
personal injury or any loss of, or damage to, or loss of use of
property, which arises out of or results from the radioactive, toxic,
explosive or other hazardous properties, or any combination thereof, of
nuclear fuel or radioactive products or any waste in, or of nuclear
materials coming from, originating in, or sent to, a nuclear
installation or from the ionizing radiation emitted by any other source
of radiation inside a nuclear installation. "Personal injury" as used
herein means any physical or mental injury (including death), sickness
or disease whether caused directly by a physical trauma or
otherwise." chanroblesvirtualawlibrary
Section 2. Section 3 is hereby amended by the
addition of subsection (p) which shall read as follows:cralaw:red
(p) "The term "individual" means a natural person."
Section 3. Section 39(b) is hereby amended to read
as follows:cralaw:red
(b) "If the nuclear incident results from the act or
omission done with intent to cause damage, against the individual who
has acted or omitted to act with such intent: Provided, however, That
the installation operator or any other person including the commission
which may be subrogated to the rights of the installation operator
shall have no right of action, under any law, against the persons who
may be liable for the acts or omissions of such individual such as but
not limited to employers, parents and teachers."
Section 4. Section 45 is hereby amended to read as
follows:cralaw:red
"Exclusions. — The Commission may, if it determines that the small
extent of the risk involved so warrants, exclude by regulation any
small quantities of nuclear material from the application of the
provisions in this Part VII, Provided, That (a) maximum limits for the
exclusion of such quantities have been established by the Board of
Governors of the International Atomic Energy Agency; and (b) any
exclusion must be within limits so established."
Section 5. Section 52 is hereby amended by the
addition of a new paragraph which shall read as follows:cralaw:red
"The Republic of the Philippines acting through such officer as may be
designated by the president shall enter into agreements of
indemnification with contractors or suppliers of goods or services for
an atomic energy facility owned or operated by the government, its
agencies, instrumentalities or corporations owned or controlled by the
government pursuant to which the government agrees to indemnify and
hold such contractors or suppliers harmless from any loss or liability
arising out of or in relation to a nuclear incident occurring in the
Philippines in excess of the yield of the insurance or other security
herein set forth, provided, however, that such indemnity shall in no
case exceed the amount of Philippine pesos which is equivalent to one
hundred twenty million U.S. dollars."
Section 6. This Decree shall take effect upon
approval. chanroblesvirtualawlibrary
Done in the City of Manila this
11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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