74 OG No. 50, 10874 (December 11, 1978)

[ PRESIDENTIAL DECREE NO. 1484, June 11, 1978 ]

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 EnergyRegulatory and Liability Act of 1968" was enacted to encourage, promote andassist the development and use of atomic energy for all peaceful purposes as ameans to improve the health and prosperity of the inhabitants of thePhilippines, contribute to the general welfare and accelerate scientific,technological, agricultural, commercial and industrial progress;

WHEREAS, the Government has entered into agreements for theinstallation, construction, development, maintenance and use of nuclear powerplants in the Philippines to generate electric power to promote theabove-enumerated objectives of the Atomic Energy Regulatory and Liability Act of1968;

WHEREAS, the aforesaid agreements have brought to light theneed for amending certain provisions of the said Act in order to furtherfacilitate and encourage the wider use and application of atomic energy forpeaceful purposes in the Philippines and as well as to attract local andinternational 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 thePhilippines, by virtue of the powers vested in me by the Constitution, do herebydecree and order as part of the law of the land the following:

SECTION 1. Section 3(f) of Republic Act No. 5207 is herebyamended to read as follows:

6. " '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 fromthe RADIOACTIVE, TOXIC, EXPLOSIVE OR OTHER HAZARDOUS PROPERTIES, OR ANYCOMBINATION THEREOF, of nuclear fuel or radioactive products or any waste in, orof nuclear materials coming from, originating in, or sent to, a nuclearinstallation or from the ionizing radiation emitted by any other source ofradiation inside a nuclear installation. 'PERSONAL INJURY' AS USED HEREIN MEANSANY PHYSICAL OR MENTAL INJURY (INCLUDING DEATH), SICKNESS OR DISEASE WHETHERCAUSED DIRECTLY BY A PHYSICAL TRAUMA OR OTHERWISE."

SECTION 2. Section 3 is hereby amended by the addition ofsubsection (p) which shall read as follows:

16. "THE TERM 'INDIVIDUAL' MEANS A NATURAL PERSON."

SECTION 3. Section 39(b) is hereby amended to read asfollows:

2. "If the nuclear incident results from the act or omission done with intentto cause damage, against the individual who has acted or omitted to act withsuch intent: PROVIDED, HOWEVER, THAT THE INSTALLATION OPERATOR OR ANYOTHER PERSON INCLUDING THE COMMISSION WHICH MAY BE SUBROGATED TO THE RIGHTS OFTHE INSTALLATION OPERATOR SHALL HAVE NO RIGHT OF ACTION, UNDER ANY LAW, AGAINSTTHE PERSONS WHO MAY BE LIABLE FOR THE ACTS OR OMISSIONS OF SUCH INDIVIDUAL SUCHAS BUT NOT LIMITED TO EMPLOYERS, PARENTS AND TEACHERS."

SECTION 4. Section 45 is hereby amended to read asfollows:

"Exclusions.—The Commission may, if it determines that the small extent ofthe risks involved so warrants, exclude by regulation any small quantities ofnuclear material from the application of the provisions in this Part VII,PROVIDED, THAT (a) MAXIMUM LIMITS FOR THE EXCLUSION OF SUCH QUANTITIESHAVE BEEN ESTABLISHED BY THE BOARD OF GOVERNORS OF THE INTERNATIONAL ATOMICENERGY AGENCY; AND (b) ANY EXCLUSION MUST BE WITHIN THE LIMITS SOESTABLISHED."

SECTION 5. Section 52 is hereby amended by the addition of anew paragraph which shall read as follows:

"THE REPUBLIC OF THE PHILIPPINES ACTING THROUGH SUCH OFFICER AS MAY BEDESIGNATED BY THE PRESIDENT SHALL ENTER INTO AGREEMENTS OF INDEMNIFICATION WITHCONTRACTORS OR SUPPLIERS OF GOODS OR SERVICES FOR AN ATOMIC ENERGY FACILITYOWNED OR OPERATED BY THE GOVERNMENT, ITS AGENCIES, INSTRUMENTALITIES ORCORPORATIONS OWNED OR CONTROLLED BY THE GOVERNMENT PURSUANT TO WHICH THEGOVERNMENT AGREES TO INDEMNIFY AND HOLD SUCH CONTRACTORS OR SUPPLIERS HARMLESSFROM ANY LOSS OR LIABILITY ARISING OUT OF OR IN RELATION TO A NUCLEAR INCIDENTOCCURRING IN THE PHILIPPINES IN EXCESS OF THE YIELD OF THE INSURANCE OR OTHERSECURITY HEREIN SET FORTH, PROVIDED, HOWEVER, THAT SUCH INDEMNITY SHALLIN NO CASE EXCEED THE AMOUNT OF PHILIPPINE PESOS WHICH IS EQUIVALENT TO ONEHUNDRED TWENTY MILLION U.S. DOLLARS."

SECTION 6. This Decree shall take effect upon approval.

DONE in the City of Manila this 11th day of June, in the year of Our Lord,nineteen hundred and seventy-eight.

	(Sgd.) FERDINAND E. MARCOSPresident of thePhilippines
	By the President:
	(Sgd.) JACOBO C. CLAVE
		Presidential ExecutiveAssistant

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