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PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Republic Acts :
REPUBLIC ACTS
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REPUBLIC ACT NO. 3083 - AN ACT TO
REGULATE THE FILING, PROCESSING AND SETTLEMENT OF DAMAGE CLAIMS
RESULTING FROM NUCLEAR INCIDENTS, TO APPROPRIATE FUNDS THEREFOR, AND TO
HOLD HARMLESS, INDEMNIFY, AND DEFEND THE DESIGNER, MANUFACTURER,
CONTRACTOR AND/OR SUPPLIER THAT SHALL UNDERTAKE TO DESIGN, MANUFACTURE,
FURNISH AND/OR SUPPLY THE REACTOR FACILITY AND EQUIPMENT FOR THE
PHILIPPINE NUCLEAR RESEARCH REACTOR PROJECT AND OTHER SIMILAR PROJECTS
FROM LIABILITY ARISING FROM NUCLEAR INCIDENTS, AND FOR OTHER PURPOSES |
Section 1. In order to
protect the inhabitants of the Philippines and to promote the peaceful
uses of atomic energy, in the interest of the general welfare of the
Philippines, the Government of the Republic of the Philippines shall
indemnify and hold harmless and defend at its expense the designer,
manufacturer, contractor and/or supplier that shall undertake to
design, manufacture for, or otherwise furnish equipment or services to
the Philippine Government, its instrumentality or agency, for the
reactor facility or other equipment for the Philippine Nuclear Research
Reactor Project, from any and all liability for personal injury or
property damage arising out of or resulting from a nuclear incident,
and the National Science Development Board is hereby empowered to
provide by contract with the designer, manufacturer, contractor and/or
supplier of nuclear equipment, that such designer, manufacturer,
contractor and/or supplier shall be indemnified, held harmless and
defended at the expense of the Philippine Government from any and all
liability arising out of or resulting from a nuclear incident:
Provided, however, That the Government shall retain whatever rights it
may otherwise have under existing laws against said manufacturer,
contractor, or supplier if the nuclear incident is the proximate result
of willful misconduct, or bad faith, on the part of any corporate
officer, director, or responsible officers of the designer,
manufacturer, contractor and/or supplier, as the case may be: Provided,
further, That the total liability of the designer, manufacturer,
contractor and/or supplier shall not exceed the total value of the
contract price: Provided, finally, That the total liability of said
designer, manufacturer, contractor and/or supplier shall be over and
above the liabilities, obligations and warranties assumed by it on the
services, equipment, and materials furnished under its contract with
the National Science Development Board for the furnishing of the
equipment and services for the reactor facility or other equipment of
the Philippine Nuclear Research Reactor Project. Responsible officers as used in this section shall be determined in the indemnity agreement to be executed between the National Science Development Board and said designer, manufacturer, contractor and/or supplier. Sec. 2. For the purposes of this Act: Sec. 3. In order to carry out the purpose of this
Act and to adjudicate claims for compensation for personal injury or
property damage arising out of or resulting from a nuclear incident,
there is hereby created a Nuclear Indemnity Board to be composed of the
Vice-Chairman of the National Science Development Board as Chairman,
the Commissioner of the Philippine Atomic Energy Commission and one
other member to be appointed by the President of the Philippines, with
the consent of the Commission on Appointments, who must be a diplomate
in radiology or medical radio-therapy with at least five years of
clinical practice, as members. The Vice-Chairman of the National
Science Development Board and the Commissioner of the Philippine Atomic
Energy Commission shall serve ex officio without extra compensation and
the third member shall receive a per diem of fifty pesos for each
meeting actually attended: Provided, That the monthly total of such per
diem shall not exceed two hundred pesos. The operating expenses of the
Nuclear Indemnity Board shall be borne out of the regular appropriation
of the National Science Development Board. Sec. 4. For the purpose of carrying out its
functions under this Act the Nuclear Indemnity Board shall have the
following powers: Sec. 5. Upon a showing that the government's liability in any one incident will probably exceed the limit of liability imposed by the preceding section, the Board may, in its sound discretion, for the purpose of ensuring the equitable and just distribution of damages, either issue orders apportioning the payments and permitting partial payments to be made to claimants or issue an order setting aside a part of the funds available for possible latent injuries not discovered until a later time, or both. Sec. 6. When a nuclear incident occurs, the Board shall investigate or cause to be investigated the cause or extent of the damage and may for that purpose compel all persons exposed to radiation to report to the Board for examination not later than three months from the date of the order requiring their appearance. In determining the amount of damages the Board may, in its sound discretion, take into account the inexcusable violation of the foregoing obligation to report to the Board for examination. Sec. 7. The Nuclear Indemnity Board is hereby authorized to call upon the National Science Development Board, the Philippine Atomic Energy Commission and other government agencies and instrumentalities for assistance and cooperation in the discharge of its powers, duties and functions under this Act. Sec. 8. Any aggrieved claimant may appeal from any final order, award or decision of the Board to the Supreme Court in accordance with the provisions of Rule forty-five of the Rules of Court. Findings of fact by the Board shall be conclusive in the absence of fraud, collusion or evident mistake. Sec. 9. This Act shall take effect upon its
approval. Approved: June 17, 1961 |
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