Presidential Decree No. 1484
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”
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 plans in the
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
Section 1. Section 3 (f) of
Republic Act No. 5207 is hereby amended to read as follows:
“(f) ‘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 3 is hereby amended
by the addition of subsection (p) which shall read as follows:
“(p) The term ‘individual’ means a natural person.”
SEC. 3. Section 39 (b) is hereby
amended to read as follows:
“(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. 4. Section 45 is hereby amended
to read as follows:
“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 limits so
established.”
SEC. 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.”
SEC. 6. This Decree shall take
effect upon approval.
Done in the City of
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