WHEREAS, it
is declared policy of the Philippine Government to utilize atomic
energy for peaceful purposes to accelerate national
progress; chanroblesvirtualawlibrary
WHEREAS, the utilization of atomic energy as a versatile tool in
research and development has brought about unprecedented worldwide
advances in science and technology;chanroblesvirtualawlibrary
WHEREAS, there now exists an international consciousness for the role
of atomic energy as a vital source of power in the face of worldwide
shortage of energy-producing fossil fuels;chanroblesvirtualawlibrary
WHEREAS, as a major additional source of power, the Philippines has
decided on a long-range nuclear power generation program, starting with
the implementation of the first nuclear power plant project;chanroblesvirtualawlibrary
WHEREAS, the peaceful contributions of atomic energy to the Philippine
national development is already being amply demonstrated locally in
agricultural activities, public health, nuclear medicine, environmental
protection, industrial operations and research;chanroblesvirtualawlibrary
WHEREAS, the Philippine Atomic Energy Commission is the only government
agency in the country, charged with the responsibility of promoting and
advancing the peaceful uses of atomic energy as well as the licensing
and regulating activities of atomic energy facilities in the country;chanroblesvirtualawlibrary
WHEREAS, the increased utilization of atomic energy and the nuclear
power development program in the country have resulted in highly
demanding responsibilities and expanded functions of the Philippine
Atomic Energy Commission;chanroblesvirtualawlibrary
WHEREAS, the Office of the President needs to be informed directly by
the Commission on the accelerating pace of international nuclear
activities, in the interest of national security and public safety;chanroblesvirtualawlibrary
WHEREAS, by reason of the above, it is imperative that the Commission
be constituted as an independent and more autonomous body;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, in order to
effect the desired changes and reforms in the Philippine Atomic Energy
Commission, do hereby order and decree the following:cralaw:red
Section 1. The Philippine Atomic Energy Commission is
transferred from the National Science Development Board and placed
under the Office of the President.
Section 2. The Commission shall be under a
Commissioner and a Deputy Commissioner, both of whom shall be appointed
by the President of the Philippines. Both officials shall be citizens
of the Philippines who shall have attained distinction in nuclear
science and technology and with adequate administrative experience.
Both shall pass the necessary security clearance.
The Commissioner shall receive an annual compensation of not less than
Thirty Six Thousand Pesos and the Deputy Commissioner not less than
Thirty Thousand Pesos.
Section 3. The Commission shall continue to discharge
its powers and functions provided for under Republic Act. No. 2067, as
amended and Republic Act No. 5207, particularly in such fields as:cralaw:red
1. research and development activities;chanroblesvirtualawlibrary
2. promotion of nuclear scientific techniques, and
provision of technical extension services; chanroblesvirtualawlibrary
3. training and education of local scientists and
technologists in the nuclear field;chanroblesvirtualawlibrary
4. regulation of the use of atomic energy to
safeguard public health and safety;chanroblesvirtualawlibrary
5. dissemination of information on atomic energy and
the Commission program;chanroblesvirtualawlibrary
6. participation in international conferences and
meetings on nuclear matters.
In addition, the Commission shall discharge the following functions:cralaw:red
(a) Make grants-in-aid for research into matters
associated with nuclear power or atomic energy;chanroblesvirtualawlibrary
(b) Make arrangements with universities and other
institutions or persons for the conduct of research into matters
associated with atomic energy;chanroblesvirtualawlibrary
(c) Disseminate results of scientific and
technological research in the field of nuclear science and the
application thereof;chanroblesvirtualawlibrary
(d) Encourage other authorities and persons to
undertake exploration for, and mining and treatment of, uranium and
other special nuclear materials;chanroblesvirtualawlibrary
(e) Grant financial or other awards, bonuses and/or
prizes to deserving personnel and scientists;chanroblesvirtualawlibrary
(f) Pay honoraria and/or additional compensation to
scientific, technological and professional personnel employed in the
government or its subdivisions and instrumentalities under such terms
and conditions as may be most conducive towards the attainment of
maximum efficiency in scientific research and studies; and
(g) Impose and collect reasonable fees in connection
with the technical and other related services that the Commission
performs in accordance with the rates established by it. For this
purpose, the Commission shall issue such rules and regulations as may
be deemed necessary: Provided, That the amount of such fees or
charges may be reduced or waived by the Commission in favor of
scientists, government agencies, and industrial or educational working
in cooperation with or assisting the Commission in its activities.
Section 4. All officials and employees of the
Commission, including its scientific, technical and professional
personnel shall not, during their continuance in office engage in the
practice of their professions, except to render highly scientific and
professional services like consultations and to teach highly
specialized and related subjects.
Section 5. Notwithstanding the provisions of
Commonwealth Act No. 138 and such other related laws and regulations,
as well as the requirements of public bidding, the Commission may,
subject to the approval of the Office of the President, enter into
contracts, or otherwise make arrangements for the conduct of atomic
energy research and its development.
In implementation of such contracts or arrangements, the Commission
may, subject to the approval of the Office of the President, make
partial or advance payments and make available such equipment and
facilities of the Commission as may be deemed necessary.
Section 6. The Commission shall establish a
comprehensive and progressive merit system in accordance with Civil
Service rules and regulations. The recruitment, transfer, promotion,
and dismissal of all Commission personnel, including temporary workers,
shall be governed by such merit system. chanroblesvirtualawlibrary
All officials and employees of the Commission shall be subject to Civil
Service Law, rules and regulations.
The regular scientific and technical personnel of the Commission shall
be exempted from WAPCO rules and regulations.
Section 7. To carry out the above purposes and for
its first year of operation as herein provided, an initial amount of
twelve million pesos is hereby appropriated and shall be made available
from the funds of the National Government effective 1 July 1974:
Provided, That for this fiscal year and every year thereafter, the
amount of five million pesos shall be set aside from the Special
Science Fund to augment the yearly appropriation of the Commission
under the General Fund to finance its nuclear research and development,
training, regulatory and promotional activities. Any expended balances
in the appropriations of the Commission from both the General Fund and
the Special Science Fund shall accrue to the Atomic Energy Research
Fund. chanroblesvirtualawlibrary
Section 8. All applicable appropriations of the
Commission, its personnel, records, equipment and properties and
including such facilities and buildings as are now located in the
Commission compound and which are being used in connection with the
Commission's activities are transferred as herein provided.
Section 9. This Decree shall be implemented
immediately and shall take effect as of 1 July 1974.
Section 10. All laws, executive orders, decrees,
rules and regulations, contrary to or inconsistent with the provisions
of this Decree are hereby repealed, amended or modified
accordingly. chanroblesvirtualawlibrary
DONE in the City of Manila,
this 13th day of December, in the year of Our Lord, nineteen hundred
and seventy-four.
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