Question & AnswerQ&A (Republic Act No. 3083)
The main purpose of Republic Act No. 3083 is to regulate the filing, processing, and settlement of damage claims resulting from nuclear incidents related to the Philippine Nuclear Research Reactor Project, and to indemnify and hold harmless the designer, manufacturer, contractor, and supplier involved in the project from liability arising from nuclear incidents.
The Philippine Government indemnifies and holds harmless the designer, manufacturer, contractor, and/or supplier that undertake to design, manufacture, or furnish equipment or services for the Philippine Nuclear Research Reactor Project from any and all liability arising from nuclear incidents.
A 'nuclear incident' refers to any occurrence causing personal injury or property damage arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of radioactive material.
'Liability' means any liability for personal injury or property damage arising out of or resulting from a nuclear incident.
'Personal injury' means bodily injury, sickness, or disease, including death resulting therefrom, caused by a nuclear incident.
'Property damage' includes physical injury to, destruction, or radioactive contamination of property, or loss of use of property that has been injured, destroyed, or contaminated due to a nuclear incident.
The Nuclear Indemnity Board is composed of the Vice-Chairman of the National Science Development Board as Chairman, the Commissioner of the Philippine Atomic Energy Commission, and a third member appointed by the President, who must be a diplomat in radiology or medical radiotherapy with at least five years of clinical practice.
The Nuclear Indemnity Board has the exclusive power to settle claims for compensation for personal injury or property damage arising from nuclear incidents, and no suit or proceeding for such claims may be instituted against the designer, manufacturer, contractor, or supplier.
Claims must be filed within ten years from the date of the event causing injury or damage, and within two years from the time the injury or damage or its aggravation was discovered or could have been reasonably ascertained by the aggrieved party.
The aggregate liability of the Philippine Government under this Act shall not exceed five million pesos, which is appropriated from the National Treasury.
The Government retains its rights under existing laws against the designer, manufacturer, contractor, or supplier if the nuclear incident is the proximate result of willful misconduct or bad faith by responsible corporate officers or directors.
The Board can promulgate rules and regulations, issue subpoenas, administer oaths, grant compensation to expert witnesses, and exercise other necessary powers to administer the Act effectively.
Yes, an aggrieved claimant may appeal any final order, award, or decision of the Board to the Supreme Court according to Rule Forty-Five of the Rules of Court.
The Board may issue orders apportioning payments, permit partial payments to claimants, or set aside funds for possible latent injuries to ensure equitable and just distribution of damages.
Persons exposed to radiation must report to the Nuclear Indemnity Board for examination within three months from the date of the order requiring their appearance or face consideration in damage determinations for inexcusable non-compliance.