Title
Nuclear Damage Claims and Indemnity Act
Law
Republic Act No. 3083
Decision Date
Jun 17, 1961
Regulating the Processing Damage Claims Resulting from Nuclear Incidents," is a Philippine law that establishes procedures for filing and settling damage claims related to nuclear incidents, indemnifies nuclear equipment entities, and creates a Nuclear Indemnity Board with exclusive jurisdiction over such cases. The law also sets limitations on government liability and grants the right to pursue legal action against responsible parties in cases of misconduct or bad faith.

Law Summary

Definitions and Scope

  • "Nuclear Research Reactor Project" refers to the reactor project under the 1955 Agreement for Cooperation between the Philippines and the USA.
  • "Liability" covers personal injury or property damage resulting from a nuclear incident.
  • "Personal Injury" includes bodily injury, sickness, disease, or death.
  • "Property Damage" involves physical injury, destruction, radioactive contamination, or loss of use of property.
  • "Nuclear Incident" encompasses occurrences causing injury or damage due to radioactive, toxic, explosive, or hazardous radioactive materials.

Creation and Composition of the Nuclear Indemnity Board

  • A Nuclear Indemnity Board is established, chaired by the Vice-Chairman of the National Science Development Board.
  • Members include a radiology expert appointed by the President with consent of the Commission on Appointments and the Philippine Atomic Energy Commission Commissioner.
  • The Board exclusively handles damage claims from nuclear incidents.
  • Claims must be filed within ten years of the event and within two years from injury discovery.
  • Exclusive jurisdiction lies with Philippine courts for certain incidents occurring outside Philippine territory involving government materials.
  • The Government's aggregate liability is capped at five million pesos.

Powers and Functions of the Nuclear Indemnity Board

  • Promulgate rules and procedures for claim filing, processing, and settlement.
  • Require concurrence of at least two members to issue decisions.
  • Base actions on justice, equity, and merit, avoiding procedural technicalities.
  • Issue subpoenas and administer oaths.
  • Compensate non-government expert witnesses suitably.
  • Exercise other necessary powers for Act implementation.

Handling of Liability and Claims

  • The Board may apportion payments or reserve funds for latent injuries to equitably distribute limited government funds.

Investigation and Reporting Obligations

  • The Board investigates nuclear incidents and may require individuals exposed to radiation to submit for examination within three months.
  • Failure to report may affect damage awards.

Government Cooperation

  • The Board may seek assistance from other government agencies, including the National Science Development Board and the Philippine Atomic Energy Commission.

Appeals Process

  • Aggrieved claimants may appeal final Board decisions to the Supreme Court under Rule 45 of the Rules of Court.
  • Board findings of fact are final unless proven fraudulent, collusive, or mistaken.

Effective Date

  • The Act took effect immediately upon approval.

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