QuestionsQuestions (Republic Act No. 5207)
It is known as the “Atomic Energy Regulatory and Liability Act of 1968.”
To encourage, promote, and assist the development and use of atomic energy for peaceful purposes; control it to protect health and safety and prevent unauthorized use; fulfill international obligations; and establish rules on liability for nuclear damage with availability of funds for claims.
Loss of life; any personal injury; or loss of, damage to, or loss of use of property arising out of or resulting from the radioactive properties (or combination with toxic/explosive/other hazardous properties) of nuclear fuel or radioactive products or waste in, or nuclear materials coming from/originating in/sent to, a nuclear installation, or from ionizing radiation emitted from any other source of radiation inside a nuclear installation.
It is the person licensed by the Commission as the operator of that installation. If no person is licensed as operator and the installation is operated by or for the Commission, the “installation operator” is deemed to mean the Commission.
Any equipment or device that the Commission determines by regulation to be capable of producing or utilizing atomic energy material in significant quantity or manner to the national interest or public health and safety.
It is unlawful to transfer, construct, receive, own, possess, operate, import, or export any atomic energy facility except under a license issued by the Commission under the Act.
No license shall be issued to an alien or to any corporation/entity owned or controlled by an alien, a foreign corporation, or a foreign government. A corporation/entity is not considered owned/controlled by an alien if at least 60% of its capital stock is owned by Filipino citizens.
For construction applications, if there is reasonable assurance the installation can be constructed and operated without undue risk, a provisional license may initially be issued even if health and safety information available is less than needed for operation license—so long as the Commission is satisfied that safety questions will be resolved to warrant operation license.
The installation operator’s liability for nuclear damage is absolute, and it is not relieved even if caused directly/indirectly by a grave natural disaster of an exceptional character. Except as otherwise provided in Part VII, no other person is liable for nuclear damage.
The liability is limited to an amount in Philippine pesos equivalent to USD 5,000,000 for any one nuclear incident, exclusive of interest or costs that may be awarded by the court.
If the nuclear damage resulted wholly or partly from (1) gross negligence of the person suffering the damage, or (2) an act or omission done with intent to cause damage by the person suffering the damage, the court may relieve the operator from paying compensation in respect of the damage suffered by such person.
No installation operator is liable for nuclear damage caused by a nuclear incident directly due to an act of armed conflict, hostilities, civil war, or insurrection.
Through the Commission, the Government indemnifies the installation operator liable and provides necessary funds for payment of established compensation claims to the extent insurance/financial security is inadequate, but in the aggregate the Government obligation plus insurance yield cannot exceed the maximum limit per nuclear incident under Section 42.
The Court of First Instance located in the place where the nuclear incident occurs has exclusive jurisdiction over claims for compensation for nuclear damage under the Act.
Rights prescribe after 10 years from the date of the nuclear incident. Actions are barred unless brought within 3 years from the date the claimant knew or should have had knowledge of the damage and of the installation operator liable. A claim filed within the applicable period may be amended to account for aggravation even after expiry, provided final judgment has not been entered.
Imprisonment of not more than 5 years, or a fine of not more than P10,000, or both.
No. No license or right granted by it may be transferred/assigned/encumbered/disposed of directly or indirectly unless the Commission consents in writing after securing full information and finding the transfer is in accordance with the purposes and provisions of the Act.