TRANSFERRING THE PHILIPPINE ATOMIC ENERGY COMMISSION FROM THE NATIONAL SCIENCE DEVELOPMENT BOARD TO THE OFFICE OF THE PRESIDENT.

• Number: Presidential Decree No. 606
• Sections: 11

Preamble

WHEREAS, it is declared policy of the Philippine Government

to utilize atomic energy for peaceful purposes to accelerate national

progress;

WHEREAS, the utilization of atomic energy as a versatile

tool in research and development has brought about unprecedented

worldwide advances in science and technology;

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;

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;

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;

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;

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;

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;

WHEREAS, by reason of the above, it is imperative that the

Commission be constituted as an independent and more autonomous body;

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:

Section 1

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

SEC. 2. The Commission shall be under a Commissioner and a

Deputy Commissioner, both of whom shall be appointed by the President 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

SEC. 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:

research and development activities;

promotion of nuclear scientific techniques, and provision of

technical extension services;

training and education of local scientists and technologists in

the nuclear field;

regulation of the use of atomic energy to safeguard public

health and safety;

dissemination of information on atomic energy and the

Commission program;

participation in international conferences and meetings on

nuclear matters.

In addition, the Commission shall discharge the following

functions:

Make grants-in-aid for research into matters associated with

nuclear power or atomic energy;

Make arrangements with universities and other institutions or

persons for the conduct of research into matter associated with atomic

energy;

Disseminate results of scientific and technological research in

the field of nuclear science and the application thereof;

Encourage other authorities and persons to undertake

exploration for, and mining and treatment of, uranium and other special

nuclear materials;

Grant financial or other awards, bonuses and/or prizes to

deserving personnel and scientists;

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

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 maybe 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

SEC. 4. All officials and employees of the Commission,

including its scientific, technical and professional personnel shall

not, during their continuance in office engaged 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

SEC. 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

SEC. 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.

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

SEC. 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.

Section 8

SEC 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

SEC. 9. This Decree shall be implemented immediately and

shall take effect as of 1 July 1974.

Section 10

SEC. 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.

Done in the City of Manila, this 13th day of December, in the

year of Our Lord, nineteen hundred and seventy-four.

(Sgd.)

FERDINAND E. MARCOS

President of the Philippines

By the President:

(Sgd.)

ALEJANDRO MELCHOR

Executive Secretary