WHEREAS,
there is no distinct government office or agency authorized to control
the use of diagnostic X-Ray units, high energy machines or any
radiation apparatus in medicine, industry, agriculture, research and
other fields of activity except those units with radio-active sources
which are controlled by the Philippine Atomic Energy Commission;chanroblesvirtualawlibrary
WHEREAS, the use of radiation, although beneficial to the development
of the country, carries with it certain hazards and, therefore, should
be properly regulated;chanroblesvirtualawlibrary
WHEREAS, the danger to public health posed by ionizing radiation is
similar in effect to the other dangers to public health resulting from
human activity; and
WHEREAS, the Department of Health, being the government agency charged
with the functions of safeguarding and promoting the people's health,
should be assigned the responsibility to institute proper measures of
the effective control of such radiation hazards.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081 dated September 21, 1972, and General
Order No. 1 dated September 22, 1972, as amended, do hereby decree and
order:cralaw:red
Section 1. Creation; Functions. — There is hereby
created in the Department of Health a Radiation Health Office which
shall have the following functions:cralaw:red
a. Prescribed measures to regulate production, import
and export of radiation-emitting apparatus, as well as non-ionizing
radiation devices such as microwave oven, laser and other similar and
related apparatus the energy emission of which does not reach the
threshold required for the production of radio-active material;
Provided, That equipment and devices involving the application and use
of radio-active materials and any equipment or devices producing or
utilizing radio-active materials which fall under regulatory
jurisdiction of the Philippine Atomic Energy Commission as provided
under R.A. 5207 shall not be subject to the coverage of such measures;chanroblesvirtualawlibrary
b. Require the registration of the above apparatus
and equipment presently used in medicine or for other purposes within
six months from the effectivity of this Decree;chanroblesvirtualawlibrary
c. Undertake the inspection of the above-described
apparatus and equipment installed in private and government premises;chanroblesvirtualawlibrary
d. Issue rules and regulations, duly approved by the
Secretary of Health, with them of protecting radiation workers handling
or operating the above-described devices;chanroblesvirtualawlibrary
e. Establish and maintain a National Radiation
Standard Section in a cooperative effort with the Philippine Atomic
Energy Commission;chanroblesvirtualawlibrary
f. Assist in the training of radiation workers; and
g. Collect, analyze and disseminate information on
the protection against radiation.
Section 2. Relationship with other entities. —
Radiation Health Office shall, in the furtherance of its functions and
duties, cooperate and coordinate with governmental and private entities
as well as international organizations involved in activities related
to radiation.
Section 3. Appropriations. — To carry out the
functions of the Office herein created, there is hereby appropriated
the amount of Two Hundred Thousand Pesos (P200,000.00) out of any funds
in the National Treasury not otherwise appropriated. The same amount or
such amounts as shall be needed shall be included in the annual General
Appropriations Act for the continued operation of the Office.
Section 4. Repealing Clause. — Any provisions of law,
decree, order, rules or regulations inconsistent herewith are hereby
repealed, revised or amended accordingly.
Section 5. This Decree shall take effect immediately.
Done in the City of Manila,
this 6th day of June, in the year of Our Lord, nineteen hundred and
seventy-four.
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