A
collection of Philippine laws, statutes and codesnot
included or cited in themain indicesof
theChan Robles Virtual Law Library This page features the full text of
Republic Act No. 5207Atomic Energy Regulatory and Liability
Act of 1968
REPUBLIC
ACT NO. 5207 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(AS
AMENDED BY PD 1484)
PART
I
General Provisions
Section
1. Short Title. — This Act shall be known as the "Atomic
Energy
Regulatory and Liability Act of 1968."
Sec. 2. Declaration of Policy.
— It is hereby declared to be the
policy
of the Philippine Government 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.
The
production and use of atomic energy facilities and atomic energy
materials
shall be subject to control by the State in order to achieve the
foregoing
purposes, to assure fulfillment of the international obligations of the
State, to protect the health and safety of workers and of the general
public,
and to protect against the use of such facilities and materials for
unauthorized
purposes.
In
order to encourage the development and use of atomic energy for
peaceful
purposes and to provide proper protection of the public, it is also in
the national interest to establish the rules on liability for nuclear
damages
and to assure the availability of funds to satisfy liability claims.
Sec. 3. Definitions. — As
used in this Act:
(a)
"Commission" means the Philippine Atomic Energy Commission.
(b)
The term "atomic energy facility" means any equipment or device
which the Commission may determine from time to time, by regulation, to
be capable of producing or utilizing energy material in such quantity
or
in such manner as to be of significance to the national interest or to
the health and safety of the public.
(c)
"Atomic energy material" means "source material", "special
fissionable
material" and any other radioactive material.
(d)
The term "individual operator" means any individual who
manipulates
the controls of an atomic energy facility.
(e)
"Installation operator" means the person licensed by the Commission
as the operator of that installation. If no person is licensed by the
Commission
as the operator of the installation and the installation is operated by
or for the Commission, "installation operator" shall be deemed
to
mean the Commission.
(f)
"Nuclear Damages" means loss of, life, any personal injury or
any
loss, or damages to, or loss of use of property, which arises out of or
results from the radioactive, toxic, explosive or other hazardous
properties,
or any combination thereof, of nuclear fuel or radioactive products or
any waste in, or of nuclear materials coming from, originating in, or
sent
to, a nuclear installation or from the ionizing radiation emitted by
any
other sources of radiation inside a nuclear installation. "Personal
injury" as used herein means "any physical or mental injury
(including
death), sickness or disease whether caused directly by a physical
trauma
or otherwise."
(g)
"Nuclear fuel" means any material which is capable of producing
energy
by a self-sustaining chain process of nuclear fission.
chanrobles virtuallaw libraryred
(h)
"Nuclear incident" means any occurrence or series of occurrences
having
the same origin which causes nuclear damage.
(i)
"Nuclear installation" means (1) any nuclear reactor other than
one with a means of sea or air transport is equipped for use as a
source
or power, whether for propulsion or of any other purposes: (2) any
factory
using nuclear fuel for the production of nuclear material, or any
factory
for the processing of nuclear materials, including any factory for the
re-processing of irradiated nuclear fuel; and (3) any facility where
nuclear
material is stored, other than storage incidental to the carriage of
such
material.
(j)
"Nuclear materials" means (1) nuclear fuel, other than natural
uranium
and depleted uranium, capable of producing energy by a self-sustaining
chain process of nuclear fission outside a nuclear reactor, either
alone
or in combination with some other materials; and (2) radioactive
products
or waste.
(k)
"Nuclear reactor" means any structure containing nuclear fuel in
such
an arrangement that a self-sustaining chain process of nuclear fission
can occur therein without an additional source of neutron.
(l)
"Person" means any individual, partnership, private or public
body
whether corporate or not, Government agency other than the Commission,
any international organization enjoying legal personality under the law
where the nuclear installation is situated, and any State or any of its
constituent subdivisions; any legal successor, representative, agent or
agency of the foregoing.
(m)
"Radioactive products or waste" means any radioactive material
produced
in, or any material made radioactive by exposure to the radiation
incidental
to, the production or utilization of nuclear fuel, but does not include
nuclear fuel, or radioisotopes which have reached the final stage of
fabrication
so as to be usable for any scientific, medical or agricultural,
commercial
or industrial purpose.
(n)
The term "source material" means uranium containing the
mixture
of isotopes occurring in nature, uranium, depleted in the isotope 235;
thorium; any of the foregoing in the form of metal, alloy, chemical
compound,
or concentrate and other material containing one or more of the
foregoing
in such concentration as the Commission may from time to time determine.
(o)
The term "special fissionable material" means plutonium-239,
plutonium-241,
uranium-233, uranium-235, any material containing one or more of the
foregoing,
and such other fissionable material as the Commission shall from time
to
time determine; but the term "special fissionable material" does not
include
source material.
(p)
The term "individual" means a natural person.
PART
II
General Authority of the Commission
Sec. 4. Commission Authority. — In the
performance of its functions
under
this Act, the Commission is authorized:
(a)
To establish and issue regulations and orders with respect to atomic
energy
facilities and materials for the protection of the health and safety of
the workers and of the general public; and to make inspections to
insure
compliance with such requirements;
(b)
To establish and issue regulations and orders to ensure that atomic
energy
facilities and materials are used only for purposes authorized under
this
Act, and that such uses are consistent with the national interest; and
to make inspections to ensure compliance with such requirements;
(c)
To license and regulate or prohibit the import or export of atomic
energy
facilities and materials as may be necessary in the national interest;
(d)
To issue licenses to qualified persons authorizing the conduct of
activities
for which a license is required under this Act;
(e)
To modify, amend, suspend, or revoke any license in accordance with the
provisions of this Act;
(f)
To inspect activities which are licensed under this Act; and to require
licensees to maintain records, and to require reports from licensees,
with
regard to such activities;
(g)
To 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;
(h)
To establish advisory boards to advise with and make recommendations to
the Commission; and to fix and pay the amount of per diem of members of
such advisory board not to exceed fifty pesos per meeting;
(i)
To establish and issue regulations and orders for the transport of
atomic
energy materials and facilities;
(j)
To call upon other government agencies and instrumentalities for
assistance
and cooperation in carrying out the provisions of this Act;
(k)
To charge and collect reasonable fees in connection with its licensing
and regulatory functions, provided that such fees shall be imposed by
regulation
on the basis of such published criteria as the Commission deems
appropriate,
taking into consideration, among other criteria, the nature of the
activity
licensed and regulated;
(l)
To issue, amend and revoke such regulations and orders as may be
necessary
or proper with respect to the furnishing of financial security to cover
liability for nuclear damage, the furnishing of certificates to
carrier,
and such other regulations and orders as the Commission finds necessary
or proper in carrying out the purposes and provisions of Part VII of
this
Act; and
(m)
To issue, amend and revoke such regulations and orders as may be
necessary
or proper to carry out the purposes and provisions of this Act.
Nothing
in this Act shall preclude the authorized agents of the Department of
National
Defense to make inspections of atomic energy facilities, materials or
any
activity jointly with the authorized representatives of the Commission
after prior consultation with the latter when the security of the state
is involved.
Sec. 5. Regulatory Policy. — In
issuing licenses and regulations under this
Act, the Commission shall impose the minimum requirements consistent
with
the Commission's obligations under this Act to protect the health and
safety
of the public and to promote the national interest.
chanrobles virtuallaw libraryred
PART
III
Regulation and Licensing of Atomic Energy Facilities
Sec. 6. Activities Subject to License. — It
shall be unlawful for
any
person to transfer, construct, receive, own, possess, operate, import
or
export any atomic energy facility except under a license issued by the
Commission under this Act.
Sec. 7. Form and Content of
application. — Each application for a
license
for an atomic energy facility shall be in writing and shall contain
such
information as the Commission may by regulations or order deem to be
necessary
to carry out its responsibilities under this Act. Such information
shall
include, but shall not be limited to, information bearing on the
technical
and financial qualifications of the applicant, the character of the
applicant
and the citizenship of the applicant. In addition the applicant shall
state
such technical information as to the proposed atomic energy facility,
the
amount, kind, and source of reactor fuel requirements, the proposed
location
and site of the atomic energy facility, the operational procedure for
the
atomic energy facility and such other information as the Commission may
by regulation deem necessary in order to enable it to decide whether
operation
of the atomic energy facility will not pose undue risk to the health
and
safety of the public.
Sec. 8. To Whom License
Issued. — The Commission shall issue a
license
upon finding:
(1)
That the proposed activities are consistent with the policies declared
in Sec. Two of this Act;
(2)
That the applicant is technically and financially qualified to engage
in
the proposed activities in accordance with the requirements of this
Act,
and the Commission's regulations;
(3)
That the proposed activities will not pose undue risk to the health and
safety of the public; and
chanrobles virtuallaw libraryred
(4)
That the applicant, if required by this Act or the Commission's
regulations,
has financial security to fulfill the obligations for liability for
nuclear
damage.
Sec. 9. Citizenship
Requirement. — No license to acquire, own, or
operate
any atomic energy facility shall be issued to an alien, or any
corporation
or other entity which is owned or controlled by an alien, a foreign
corporation,
or a foreign government.
For
purposes of this Act, a corporation or entity is not owned or
controlled
by an alien, a foreign corporation of a foreign government if at least
sixty percent (60%) of its capital stock is owned by Filipino citizens.
Sec. 10. Provisional License.
— In all cases of application for
licenses
to construct an atomic energy facility if the Commission finds that, on
the basis of the technical information and data so far made available
to
it, there is reasonable assurance that the proposed installation can be
constructed and operated at the proposed location without undue risk to
the health and safety of the public, it shall initially issue a
provisional
license to the applicant. Such a provisional license may be granted
even
if the health and safety information then available is less than would
be needed for a license to operate provided that the Commission is
satisfied
that there is reasonable assurance that questions of health and safety
will be so resolved as to warrant the issuance of a license to operate
the installation.
Sec. 11. License to Operate. —
Upon the filing of any additional
information
and data needed to enable the Commission to make a determination of the
safety aspects of the complete atomic energy facility, and upon finding
that the facility authorized has been constructed and will operate in
conformity
with the application as amended and in conformity with the provisions
of
this Act and of the regulations of the Commission, and in the absence
of
any good cause being shown to the Commission why the granting of a
license
would not be in accordance with the provisions of this Act, the
Commission
shall thereupon issue a license to the applicant to operate the
facility.
Sec. 12. Advisory Board on
Safety of Atomic Energy Facilities and
Materials.
— Upon the recommendation of the Commission, the Chairman of the
National
Science Development Board shall establish an Advisory Board on safety
of
atomic energy facilities and materials not exceeding eleven in number
and
appoint the members, to assist and advise the Commission on the health
and safety matters arising in connection with atomic energy facility
and
material licenses, and regulations applicable to such licenses,
composed
of experts outside the Commission from other government agencies or the
private sector or both: Provided, however, That the Commission
shall
have the final decision and responsibility with respect to such
matters.
The opinions and reports of the Board on license applications shall be
made in writing and shall be made to the public.
chanrobles virtuallaw libraryred
Sec. 13. Continued Operation
of Atomic Energy Facility in Case of
Revoked
License. — Whenever the Commission finds that the public
convenience
and necessity or the atomic energy development program of the
Commission
requires continued operation of an atomic energy facility the license
for
which has been revoked the Commission may, after consultation with the
Public Service Commission or appropriate agency having jurisdiction,
order
that possession be taken of such atomic energy facility (including any
atomic energy materials which are at the facility for use in operation
of the facility) and that it be operated for such period of time as in
the judgment of the Commission, the public convenience and necessity or
the atomic energy development program of the Commission require, or
until
a license for the operation of the atomic energy facility shall become
effective. Just compensation shall be paid for the use of the facility.
Sec. 14. Additional
Requirements in Case Atomic Energy Facility for
Commercial
Power: Exemptions. — Nothing in this Act shall be construed to
exempt
the operator of an atomic energy facility designed primarily for the
generation
of electricity for commercial purposes, from complying with other
requirements
provided by existing laws, such as securing a franchise, a certificate
of public convenience and necessity, obtaining approval for rates and
services
and others, from the appropriate agency having jurisdiction: Provided,
however, That upon certification by the Commission, importations of
nuclear fuel for use in these facilities shall be free from all taxes
and
duties within a period of ten years commencing from the date of
delivery
of the first importation of fuel for the first of such atomic energy
facility
in the country, any provision of existing laws to the contrary
notwithstanding.
Sec. 15. Individual Operators.
— The Commission shall:
(a)
Prescribe the classes of atomic energy facilities for which it
determines
that individual operators' licenses should be required in order to
protect
the health and safety of the public;
chanrobles virtuallaw libraryred
(b)
Determine the qualifications of such individuals;
(c)
Issue licenses to such individuals in such form as the Commission may
prescribe;
and
(d)
Suspend or revoke such licenses for violations of any provisions of
this
Act or regulation or order issued by the Commission.
PART
IV
Regulation and Licensing of Atomic Energy Materials
Sec. 16. Activities Subject to Licensing. — It
shall be unlawful
for
any person to manufacture, produce, receive, possess, own, use,
transfer,
import or export any atomic energy material except under a license
issued
by the Commission or except as otherwise authorized by the Commission
under
this Act: Provided, however, That the mining and processing of
radioactive
ores or materials shall be governed by the applicable mining laws prior
to the removal from its place of deposit in nature.
Sec. 17. Exemption from
Licensing Requirements. — The Commission may
by regulation exempt small quantities of low activity atomic energy
materials,
and users or uses of such low activity atomic energy materials, from
the
licensing requirements of this Act if the Commission finds that the
exemption
of such quantities or such kinds of users or uses will not constitute
an
undue risk to the health and safety of the public and will otherwise be
consistent with the national interest.
Sec. 18. Safe Transport of
Atomic Energy Materials. — Any person
who
ships or transports atomic energy materials shall comply with all such
regulations and orders of the Commission as the Commission deems
necessary
to protect the health and safety of the public.
Sec. 19. Form and Contents of
Application. — Each application for a
license
for atomic energy materials shall be in writing and shall contain such
information as the Commission may by regulation or order deem to be
necessary
to carry its responsibilities under this Act. All applications and
statements
shall be signed by the applicant or licensee. Applications for various
licenses specified in this Act may be combined in a single application.
Sec. 20. To Whom License
Issued. — The Commission shall issue a
license
upon finding:
(1)
That the proposed activity is consistent with the policies declared in
Sec. Two of this Act.
(2)
That the applicant is technically and financially qualified to engage
in
the proposed activities in accordance with the requirements of this
Act,
and Commission's regulations;
(3)
That the proposed activities will not pose undue risk to the health and
safety of the public; and
chanrobles virtuallaw libraryred
(4)
That the applicant, if required by this Act or the Commission's
regulations,
has financial protection to fulfill obligations for liability for
nuclear
damage.
Sec. 21. Prior and
Preferential Rights of the Government over Special
Fissionable
Material. — The Government of the Philippines, acting through the
Commission,
shall have the right to acquire any special fissionable material owned
by a person in the Philippines. Such right may be exercised only when
in
the view of the Commission the development of atomic energy in the
Philippines
or the national interest so requires. The acquisition of special
fissionable
material pursuant to this Sec. shall be made for a fair and
reasonable
price.
PART
V
Common Provisions for Regulation of Atomic Energy Facilities and
Materials
Sec. 22. Form and Contents of License. —
(a)
Each license shall be in such form and shall contain such terms as the
Commission may prescribed to effectuate the provisions of this Act.
(b)
Every license issued under this Act shall be subject to the rights of
possession
or control vested in the Commission under the provisions of this Act
and
to all of the other provisions of this Act, now or hereafter in effect
and to all valid regulations and orders of the Commission.
Sec. 23. Period of License.
— Each license shall be issued for a
specified
period, as determined by the Commission depending on the type of
activity
to be licensed, but not exceeding thirty-five years and may be renewed
upon the expiration of such period.
Sec. 24. Transfer of Licenses.
— No license issued by the
Commission,
and no right granted by any such license, shall be transferred,
assigned,
encumbered, or in any manner disposed of, either voluntarily, or
involuntarily,
directly or indirectly, unless the Commission shall, after securing
full
information find that such transfer, assignment, encumbrance, or other
disposition is in the accordance with the purposes and provisions of
this
Act and shall give its consent in writing.
Sec. 25. License Subject to
Amendment. — The terms and conditions
of
all licenses shall be subject to amendment or modification, by reason
of
amendments of this Act or by reason of amendments of regulations or
orders
issued in accordance with the terms of this Act.
Sec. 26. Regulatory
Enforcement Powers. — For the purpose of
determining
whether the application should be granted or denied or whether a
license
should be modified, suspended, or revoked, and of otherwise
implementing
its licensing and regulatory responsibilities under this Act, the
Commission
may at any time after the filing of the original application and before
the expiration of the license (a) require additional written statements
which shall, if the Commission so decides, be made under oath or
affirmation,
and additional technical information and data concerning activities
under
the application; (b) enter, through authorized representatives, at all
reasonable times, the premises where the atomic energy facility is
located
or where atomic energy material is stored, and perform such inspection
as may be necessary; and (c) order the applicant or licensee, where
situations
or conditions endangering life, health or property are found to exist,
to adopt such measures as would eliminate or protect against such
situations
or conditions.
Sec. 27. Suspension or
Revocation of License. — Any license may be
suspended
or revoked for any material false statement contained in the
application
or contained in any statement, record or report required under this Act
or for reasons or conditions revealed by such application or statement
of fact or any report, record, or inspection or other means which would
warrant the Commission to refuse to grant a license on an original
application,
or for failure to construct or operate an atomic energy facility in
accordance
with the terms of the license, or for violation of, or failure to
observe,
any of the terms and provisions of the Act or for any regulation or
order
by the Commission.
Sec. 28. Protective Measures
in Cases of Suspension, Revocation or
Expiration
of License. — Upon the suspension, revocation, or expiration of a
license
which is not renewed, and pursuant to Commission order, the Commission
shall take, or shall require the licensee to take, such measures as may
be necessary to protect the health and safety of the public or the
national
interest. The Commission may, if necessary to protect the public health
and safety or the national interest, take temporary custody of any
atomic
energy material or facilities held by the licensee pending their
appropriate
and lawful disposition by or for the licensee.
Sec. 29. Activities of the
Commission. — Nothing in this Act shall
be
deemed to require a license for the conduct of activities by or on
behalf
of the Commission.
Sec. 30. Combining
Applications: Oath or affirmation. — The
Commission
may consider in a single application one or more of the activities for
which a license is required by this Act and may combine in a single
license
authorization for one or more such activities. The Commission may
require
that any application or statement be made under oath or affirmation.
PART
VI
Administrative Procedure and Judicial Review
Sec. 31. Notice and Hearing. —
(a)
In any proceeding under this Act for the granting, suspending, revoking
or amending of any license, including a provisional license and
including
an application to transfer control of a license, or upon the issuance
of
an order under Sec.s Thirteen, Twenty-one, Twenty-six, or
Twenty-eight,
the Commission shall hold a hearing upon the request of any person
whose
interest may be affected and shall admit such person as a party to the
proceeding.
(b)
Except in cases where immediate action is required in order to protect
the health and safety of the public or the national interest, no order
for the suspension, revocation or modification of a license, and no
order
issued under Sec.s Thirteen, Twenty-one, Twenty-six or Twenty-eight
shall become effective until after the licensee has had notice for a
hearing
and opportunity to be heard.
(c)
Where an order suspending, revoking or modifying a license, or an order
issued under Sec. Thirteen, Twenty-one, Twenty-six or Twenty-eight
is
made effective without prior notice for a hearing and opportunity to be
heard, the order shall only be temporary pending the hearing and
issuance
of a final decision in the proceeding.
Sec. 32. Notice of
regulation. — No regulation adopted by the
Commission
shall be effective less than fifteen days after publication of the
regulation
in the Official Gazette, except that if the Commission finds that the
health
and safety of the public or the national interest requires, the
regulation
may be made effective immediately upon publication in the Official
Gazette
or upon furnishing copies of the regulation to the persons affected.
Sec. 33. Licensee Incident
Reports. — No report by any licensee of
any
incident arising out of or in connection with a licensed activity made
pursuant to any requirement of the Commission shall be admitted as
evidence
in any suit or action for damages growing out of any matter mentioned
in
such report.
Sec. 34. Hearing Procedure. —
All hearings and investigations before
the Commission shall be governed by the Rules adopted by the
Commission:
Provided, That in the conduct thereof the Commission shall not
be
bound by the technical rules of evidence, except that the Commission
shall
a matter of policy provide for the exclusion of irrelevant, immaterial,
or duly repetitious evidence.
Sec. 35. Orders and
Decisions. — All orders and decisions of the
Commission
taken in any proceeding after hearing shall be in writing, stating
clearly
and distinctly the facts and issues involved and the reasons on which
the
Commission's order or decision is based, and shall be made available to
the public.
Sec. 36. Judicial Review.
— The Court of Appeals is hereby given the
power of judicial review over any final order or decision of the
Commission
rendered under Sec. Thirty-five and shall modify or set aside such
order
or decision when it clearly appears that there was no evidence before
the
Commission to support reasonably such order or decision or that the
same
is contrary to law. Any such final order or decision may be reviewed by
the Court of Appeals on the application of any party or other person
affected
thereby, by certiorari in appropriate cases, or by petition for review,
in accordance with the Rules of Court, within such period as the
Commission
may by rule prescribe but not exceeding thirty days from notice of such
order or decision. An appeal shall not suspend the grant of a license,
but shall stay the suspension or revocation of a license until after
the
final disposition of the appeal by the Court of Appeals, unless said
Court
determines otherwise. On questions of law only such order or decision
may
be reviewed by the Supreme Court.
PART
VII
Liability for Nuclear Damage
Sec. 37. The Operator Liable. — This
installation operator shall be
liable
for nuclear damages upon proof that such damage has been caused by a
nuclear
incident. —
(a)
in his nuclear installation; or
(b)
involving nuclear material coming from or originating in his nuclear
installation,
and occurring —
(1)
before liability with regard to nuclear incidents involving the nuclear
material has been assumed, pursuant to the express terms of a contract
in writing, by another installation operator; or
(2)
in the absence of such express terms, before another installation
operator
has taken charge of the nuclear material;
(c)
involving nuclear material sent to his nuclear installation, and
occurring
—
Provided,
That if nuclear damage is caused by a nuclear incident occurring in a
nuclear
installation and involving nuclear material stored therein incidentally
to the carriage of such material, the provisions of paragraph (a) of
this Sec. shall not apply where another installation operator or person
is
solely liable pursuant to the provisions of subparagraph (b) or (c) of
this paragraph;
(d)
Any provision in this Sec. to the contrary notwithstanding, the
installation
operator shall be liable for nuclear damage upon proof that such damage
has been caused by a nuclear incident involving nuclear material in the
course of carriage (1) to his nuclear installation from a nuclear
installation
located outside the Philippines; or (2) from his nuclear installation
to
a nuclear installation outside the Philippines. The provisions of this
paragraph shall be applicable only in the absence of applicable
provisions
to the contrary in an effective international agreement to which the
Philippine
Government and the Government of the nuclear installation outside the
Philippines
are parties.
Sec. 38. Absolute and
Exclusive Liability. —
(a)
The liability of the installation operator for nuclear damage shall be
absolute.
(b)
The installation operator shall not be relieved of liability for
nuclear
damage because such damage is caused directly or indirectly by a grave
natural disaster of an exceptional character.
(c)
Except as otherwise provided in Part VII of this Act, no person other
than
the installation operator shall be liable for nuclear damage.
Sec. 39. Recourse Actions. —
The installation operator shall have a
right
of recourse only:
(a)
If there is such a right pursuant to the express provisions of a
written
contract with the other installation operator; or
(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.
Sec. 40. Gross Negligence or
Intentional Act of Claimant. — If the
nuclear
damage resulted wholly or partly either from the gross negligence of
the
person suffering the damage or from an act or omission of such person
done
with intent to cause damage, the court may relieve the installation
operator
from his obligation to pay compensation in respect of the damage
suffered
by such person.
Sec. 41. Exceptions to
Liability. — No installation operator shall
be
liable for any nuclear damages caused by a nuclear incident directly
due
to an act of armed conflict, hostilities, civil war or insurrection.
Sec. 42. Limit of Liability. —
The liability of the installation
operator
for nuclear damages under this Act shall be limited to an amount in the
Philippine pesos which is equivalent to five million dollars, United
States
currency, for any one nuclear incident, exclusive of an interest or
costs
which may be awarded by the Court in actions for compensation of such
nuclear
damage.
Sec. 43. Property for Which
Installation Operator Not Liable. — The
installation
operator shall not be liable under this Act for nuclear damage:
(a)
to the nuclear installation itself or to any property on the site of
that
installation which is used or to be used in connection with that
installation;
or
(b)
To the means of transport upon which the nuclear material involved was
located at the time of the nuclear incident.
Sec. 44. Liabilities not
Affected by this Act. — Nothing in this
Act
shall affect (a) the liability of any individual for nuclear damage for
which the installation operator, by virtue of Sec.s forty-one, and
forty-three
of this Act is not liable under this Act and which that individual
caused
by an act or omission done with intent to cause damage; or
(b)
the liability outside this Act of the installation operator for nuclear
damage for which, by virtue of sub-paragraph (b) of Sec. forty-three
of this Act, he is not liable under the provisions of this Act.
Sec. 45. 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 the limits so established.
Sec. 46. Requirement of
Financial Security. — No license to operate
a
nuclear installation shall be issued unless the installation operator
secures
and maintains insurance or other financial security covering his
liability
for nuclear damage under this Act. The Commission shall by regulation,
prescribe, the type and terms of financial security herein required,
which
may include private insurance, private contractual indemnity,
self-insurance
or other proof of financial ability to pay damages under this Act or a
combination of any thereof: Provided, That, in fixing the type
and
terms of such financial protection, the Commission shall be guided by
the
objectives of assuring to potential victims of a nuclear incident
adequate
and effective compensation without imposing unreasonable burden on the
installation operator.
Sec. 47. Certificate to
Carrier. — In accordance with such
regulations
as the Commission may issue, the appropriate installation operator
shall
provide the carrier which furnishes carriage of nuclear material with a
certificate issued by or on behalf of the insurer or other financial
guarantor
furnishing the financial security under Sec. forty-six. The
certificate
shall be in such form and contain such information as may be prescribed
by the Commission's regulations, including the name and address of the
appropriate installation operator, the amount, type and duration of the
security and a statement that such information may not be disputed by
the
person for whom or on whose behalf the certificate was issued. The
certificate
shall indicate the nuclear material in respect to which the security
applies
and shall include also a verification by the Commission that the person
designated is an appropriate installation operator within the meaning
of
the provisions of this Part VII.
Sec. 48. When Non-nuclear
Damage Deemed Nuclear Damage. — Whenever
both
nuclear damage and damage other than nuclear damage have been caused by
a nuclear incident or jointly by a nuclear incident and one or more
other
occurrences, such other damage shall, to the extent that it is not
reasonably
separable from the nuclear damage be deemed, for purposes of this Part,
to be nuclear damage caused by that nuclear incident. Where, however,
damage
is caused jointly by nuclear incident covered by this Part VII by an
emission
of ionizing radiation not covered by this Part, nothing in this Part
shall
limit or otherwise affect the liability, either as regards any persons
suffering nuclear damage or by way of recourse of contribution, of any
person who may be held liable in connection with that emission of
ionizing
radiation.
Sec. 49. Several Installation
Operators Liable. — Where nuclear
damage
engages the liability of more than one installation operator, the
following
rules shall apply:
(a)
In so far as damages attributable to each installation operator is not
reasonably separable, the installation operators involved shall be
jointly
and severally liable.
(b)
In case the nuclear incident occurs in the course of carriage of
nuclear
material, either in one and the same means of transport, or in the case
of storage incidental to the carriage, in one and the same nuclear
installation
and causes nuclear damage which engages the liability of more than one
installation operator, the total liability shall not exceed the amount
established in Sec. forty-two of this Act.
(c)
In neither of the cases referred to in subparagraphs (a) and (b) of
this Sec. shall the liability of any one installation operator exceed
the
amount established in Sec. forty-two hereof.
Sec. 50. Operator of Several
Installations. — Subject to the
provisions
of Sec. forty-nine, where several nuclear installations of one and
the
same installation operator are involved in one nuclear incident, such
installation
operator shall be liable in respect of each nuclear installation
involved
up to the amount established in Sec. forty-two hereof.
Sec. 51. Carrier or Handler
of Nuclear Material as Installation Operator.
— The Commission may, subject to such terms and conditions as it may by
regulation or order prescribe, designate a carrier of nuclear material
or a person handling radioactive waste, at his request and with the
consent
of the installation operator concerned, as installation operator in the
place of that installation operator in respect of such nuclear material
or radioactive waste respectively. Upon such designation, such carrier
or such person shall be considered as an installation operator for the
purpose of this Part VII.
Sec. 52. Government
Indemnity. — The Government, through the
Commission,
shall indemnify the installation operator liable and shall provide the
necessary funds for the payment of claims for compensation for nuclear
damages which have been established against the operator to the extent
that the yield of insurance or other financial security is inadequate
to
satisfy such claims: Provided, That the obligation of the
Government
under this Sec., together with the yield of insurance or other
financial
security, shall not in the aggregate exceed the maximum amount
established
in Sec. forty-two for any nuclear incident.
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.
Sec. 53. When Claims Exceed
Maximum Limit. — (a) Upon petition of
the
installation operator liable or of the Commission, and upon a showing
that
the nuclear damages from a nuclear incident will probably exceed the
limit
of liability established in Sec. forty-two hereof, the Court having
jurisdiction shall issue such orders as may be necessary to assure the
equitable distribution of compensation, including orders apportioning
the
payments to be made to claimants, orders permitting partial payments to
be made before final determination of the total claims, and orders
setting
aside part of the funds available for possible latent injuries not
discovered
until a later time.
(b)
In any case where it appears that the nuclear damage caused by a
nuclear
incident exceeds or will probably exceed the limit of liability
established
in Sec. forty-two hereof, the Commission shall furnish a report
thereon
to the Congress with its recommendations, including any recommendations
for the appropriation of additional funds to provide compensation to
those
suffering nuclear damage.
Sec. 54. Court Having
Jurisdiction. — The Court of First Instance
situated
in the place where the nuclear incident occurs shall have exclusive
jurisdiction
over claims for compensation for nuclear damage under this Act.
Sec. 55. Intervention of
Commission in Court Proceedings. — When,
after
the occurrence of a nuclear incident, it appears that the Government
will
have to pay indemnity pursuant to the provisions of Sec. fifty-two
hereof,
the Court having jurisdiction over the claims for compensation arising
from the nuclear incident shall allow the Commission, upon its
petition,
to intervene in the proceedings, at any time before final judgment.
Sec. 56. Compulsory
Examination. — After the occurrence of a nuclear
incident for which it appears compensation may be payable under Part
VII
of this Act, the Commission may adopt such measures as may be
appropriate
to determine the persons who were or might have been exposed to
radiation
resulting from such nuclear incident, which measures may include a
summons
to such persons to submit themselves to examination before such
authority
or body as shall be designated by the Commission within three months
from
the date of summons. In determining the amount of damages or the right
to recover damages, the Court may, in its discretion, take into account
the inexcusable failure of the claimant to fulfill or comply with the
foregoing
obligation.
Sec. 57. Investigation of
Nuclear Incidents. — The Commission shall
make
an investigation of the cause and extent of any nuclear incident for
which
it appears compensation may be payable under this Act and its finding
shall
be made available to the public, to the parties involved and to the
Courts.
Sec. 58. Several
Installations on Same Site. — The Commission may
determine
that several nuclear installations of one installation operator which
are
located at the same site shall be considered as a single nuclear
installation
for purposes of this Part VII.
Sec. 59. Exemption of
Government from Financial Security. — Nothing
herein
contained shall be construed to require the government or any
government
agency or instrumentality operating a nuclear installation to secure
and
maintain financial security to cover its liability as installation
operator.
Sec. 60. Cancellation or
Suspension of Financial Protection. — It
shall
be unlawful for any insurer or other financial guarantor to suspend or
cancel the insurance or other financial security provided pursuant to
the
provisions of this Act without giving such prior notice in writing as
may
be required by the Commission's regulations.
Sec. 61. Against Whom Action
for Compensation Brought. — Persons
entitled
to compensation for nuclear damage under this Act may, at their option,
bring the action for recovery of such compensation against the operator
liable or against the insurer or other persons furnishing financial
security
as required by this Act.
Sec. 62. Prescription of
Rights and Actions. — Rights of
compensation
under this Act shall prescribe after ten years from the date of the
nuclear
incident. Furthermore, actions for compensation under this Act shall be
barred unless brought within three years from the date on which the
person
suffering nuclear damage had knowledge or should have had knowledge of
the damage and of the installation operator liable for the damage: Provided,
however, That any person who claims to have suffered nuclear damage
and who has brought an action for compensation within the period
applicable
pursuant to this Sec. may amend his claim to take into account any
aggravation
of the damage, even after the expiry of that period: Provided,
further,
that final judgment has not been entered in the case.
Sec. 63. Prescription with
Respect to Nuclear Materials Lost, Stolen,
etc.
— Where nuclear damage is caused by a nuclear incident involving
nuclear
material which at the time of the nuclear incident was stolen, lost,
jettisoned
or abandoned, the period established pursuant to Sec. sixty-two of
this
Act shall be computed from the date of that nuclear incident, but the
period
shall in no case exceed a period of twenty years from the date of the
theft,
loss, jettison or abandonment.
PART
VIII
Penal Provisions
Sec. 64. Violation of Specific Provisions of the
Act. — Any person
who
willfully violates, attempts to violate, or conspires to violate, any
provision
of Sec. six or sixteen of this Act, shall upon conviction thereof,
suffer
the penalty of imprisonment of not more than five years or a fine of
not
more than Ten thousand pesos, (P10,000.00) or both.
Sec. 65. Violation of Other
Provisions of this Act. — Any person
who
shall willfully violate, attempt to violate, or conspire to violate any
provisions of this Act for which no penalty is specifically provided or
of any regulation, order or license issued under the authority of this
Act, shall, upon conviction thereof, suffer the penalty of imprisonment
of not more than two years or a fine of not more than Five thousand
pesos
(P5,000.00) or both.
PART
IX
Final Provisions
Sec. 66. Separability Clause. — If any
provision or part of a
provision
of this Act or the application of such provision to any person or
circumstance
is held invalid, the remainder of the provisions of this Act or the
application
of such provision to other persons or circumstances shall not be
affected
thereby.
Sec. 67. Repealing Clause. —
All Acts, executive orders,
administrative
orders, proclamations, rules and regulations inconsistent with any
provisions
of this Act are repealed or modified accordingly.
Sec. 68. Effectivity Date. —
This Act shall take effect on the
tenth
day following its publication in the Official Gazette.
[R.
A. 5207 was published in the Official Gazette on May 5, 1969].
Approved:
June 15, 1968
Back
to Top - Back
to Main Index - Back
to Home
Copyright©1998-2006 byChanRobles
Publishing Company All Rights ReservedSince 19.07.98