Question & AnswerQ&A (Republic Act No. 5207)
The short title of Republic Act No. 5207 is the "Atomic Energy Regulatory and Liability Act of 1968."
The policy is to encourage, promote and assist the development and use of atomic energy for peaceful purposes to improve health and prosperity, contribute to welfare and progress, and ensure control to protect public health and prevent unauthorized uses.
An 'atomic energy facility' means any equipment or device capable of producing or utilizing atomic energy material in significant quantities or manners as determined by the Philippine Atomic Energy Commission.
The installation operator is the person licensed by the Commission as the operator of that installation, or the Commission itself if no such license is issued and it operates the installation.
It is unlawful to transfer, construct, receive, own, possess, operate, import, or export any atomic energy facility without a license issued by the Commission.
No license shall be issued to an alien or entities owned or controlled by aliens or foreign governments. A corporation is considered Filipino-owned if at least 60% of its capital stock is owned by Filipino citizens.
The installation operator is absolutely and exclusively liable for nuclear damage caused by a nuclear incident in or involving his nuclear installation or materials unless exempted under the Act.
Any person who willfully violates or attempts to violate these provisions shall suffer imprisonment of not more than five years, a fine of not more than Ten thousand pesos, or both upon conviction.
The liability of the installation operator is limited to an amount equivalent to Five million US dollars for any one nuclear incident, excluding interests or costs.
The Court of Appeals has the power of judicial review over final orders or decisions of the Commission rendered under this Act, and the Supreme Court reviews questions of law only.