RA 5207 PART VII

The Operator Liable.

Section 37

SEC. 37. The Operator Liable.—The installation operator shall be liable for nuclear damage 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— (1) after liability with regard to nuclear incidents involving the nuclear material has been assumed by him, pursuant to the express terms of a contract in writing, from another installation operator; or (2) in the absence of such express terms, after he has taken charge of the nuclear material: 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 section 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 section 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.

Absolute and Exclusive Liability.

Section 38

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.

Recourse Actions.

Section 39

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 provision of a written contract with the other installation operator; or (b) If the nuclear incident results from an act or omis­sion done with intent to cause damage, against the individual who has acted or omitted to act with such intent.

Section 40

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.

Exceptions to Liability.

Section 41

SEC. 41. Exceptions to Liability.—No installation operator shall be liable for any nuclear damage caused by a nuclear incident directly due to an act of armed conflict, hostilities, civil war or insurrection.

Limit of Liability.

Section 42

SEC. 42. Limit of Liability.—The liability of the installation operator for nuclear damage under this Act shall be limited to an amount in 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.

Property for Which Installation Operator Not Liable.

Section 43

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.

Liabilities not Affected by this Act.

Section 44

SEC. 44. Liabilities not Affected by this Act.—Nothing in this Act shall affect (a) the liability of any individual or nuclear damage for which the installation operator, virtue of Sections forty-one and forty-three of this 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 (6) of Section forty-three of this Act, he is not liable under the provisions of this Act.

Exclusions.

Section 45

SEC. 45. 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.

Requirement of Financial Security.

Section 46

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 an unreasonable burden on the installation operator.

Certificate to Carrier.

Section 47

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 Section 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.

When Non-nuclear Damage Deemed Nuclear Damage.

Section 48

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 a 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 or contribution, of any person who may be held liable in connection with that emission of ionizing radiation.

Several Installation Operators Liable.

Section 49

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 damage 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 Section forty-two of this Act. (c) In neither of the cases referred to in subparagraphs (a) and (b) of this section shall the liability of any one installation operator exceed the amount established in Section forty-two hereof.

Operator of Several Installations.

Section 50

SEC. 50. Operator of Several Installations.—Subject to the provision of Section 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 Section forty-two hereof.

Carrier or Handler of Nuclear Material as Installation Operator.

Section 51

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.

Government Indemnity.

Section 52

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 damage 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 section, together with the yield of insurance or other financial security, shall not in the aggregate exceed the maximum amount established in Section forty-two for any nuclear incident.

When Claims Exceed Maximum Limit.

Section 53

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 damage from a nuclear incident will probably exceed the limit of liability established in Section 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 Section 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.

Court Having Jurisdiction.

Section 54

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.

Intervention of Commission in Court Proceedings.

Section 55

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 Section 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.

Compulsory Examination.

Section 56

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 nave 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 t account the inexcusable failure of the claimant to or comply with the foregoing obligation.

Investigation of Nuclear Incidents.

Section 57

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 findings shall be made available to the public, to the parties involved and to the Courts.

Several Installations on Same Site.

Section 58

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.

Section 59

SEC. 59. Exemption of Government from Financial Security.

Cancellation or Suspension of Financial Protection.

Section 60

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.

Against Whom Action for Compensation Brought.

Section 61

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.

Prescription of Rights and Actions.

Section 62

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 section 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.

Prescription with Respect to Nuclear Materials Lost, Stolen, etc.

Section 63

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 Section 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