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"

• Number: Presidential Decree No. 1484
• Sections: 7

Preamble

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;WHEREAS, the Government has entered into agreements for the

installation, construction, development, maintenance and use of nuclear power

plants in the Philippines to generate electric power to promote the

above-enumerated objectives of the Atomic Energy Regulatory and Liability Act of

1968;

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:

Section 1

SECTION 1. Section 3(f) of Republic Act No. 5207 is hereby

amended to read as follows:

" '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."

Section 2

SECTION 2. Section 3 is hereby amended by the addition of

subsection (p) which shall read as follows:

"THE TERM 'INDIVIDUAL' MEANS A NATURAL PERSON."

Section 3

SECTION 3. Section 39(b) is hereby amended to read as

follows:

"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 4. Section 45 is hereby amended to read as

follows:

"Exclusions.—The Commission may, if it determines that the small extent of

the risks 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."

Section 5

SECTION 5. Section 52 is hereby amended by the addition of a

new paragraph which shall read as follows:

"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

SECTION 6. This Decree shall take effect upon approval.

DONE in the City of Manila this 11th day of June, in the year of Our Lord,

nineteen hundred and seventy-eight.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JACOBO C. CLAVE

Presidential Executive

Assistant