RA 12305 — Philippine National Nuclear Energy Safety Act

Signed: September 18, 2025 Effective: ~October 3, 2025 (15 days after publication)

RA 12305 establishes the first comprehensive legal framework for nuclear safety, security, and safeguards in the Philippines. It creates the Philippine Atomic Energy Regulatory Authority (PhilATOM) as an independent quasi-judicial body with sole and exclusive regulatory jurisdiction over all peaceful nuclear energy and radiation source activities. PhilATOM consolidates the regulatory functions of the Philippine Nuclear Research Institute (PNRI) and the FDA’s radiation device unit (FDA-CDRRHR). The law repeals the 1968 Atomic Energy Regulatory and Liability Act (RA 5207) and relevant provisions of RA 2067 and RA 9711.

Pass coverage: This page covers the full law in two passes. Pass 1 (Art. I–V, §1–26): establishment, organization, authorization/inspection/enforcement, radiation protection, emergency preparedness. Pass 2 (Art. VI–XI, §27–61): nuclear security, safeguards, transport/export, radioactive waste, penalties, and final provisions.


Article I — Policy and Objectives (§1–4)

Declaration of Policy (§2)

The State shall [RA 12305, §2, 2025]:

  • Harness the peaceful, safe, and secure use of atomic energy for energy production, health/medicine, scientific research, agriculture, industry, education, and others
  • Use nuclear energy only for peaceful purposes — all facilities and activities related to nuclear explosives, radiological dispersal devices, or other non-peaceful uses are strictly prohibited, including assisting others
  • Ensure legal frameworks for nuclear and ionizing radiation are consistent with Philippine international commitments

Objectives (§3)

  1. Establish a legal framework for peaceful, safe, and secure nuclear energy uses
  2. Protect people and the environment from harmful effects of ionizing radiation
  3. Establish PhilATOM with the functions and responsibilities set forth in this Act
  4. Enable the Philippines to meet its international obligations on nuclear energy

[RA 12305, §3, 2025]

Scope (§4)

Applies to all regulated facilities and activities involving peaceful uses of nuclear energy and ionizing radiation within Philippine territory or under Philippine jurisdiction or control, except those excluded by PhilATOM. Does not apply to non-ionizing radiation sources. [RA 12305, §4, 2025]


Article II — PhilATOM: Establishment and Organization (§6–13)

Establishment (§6)

PhilATOM is established as an independent and quasi-judicial body with sole and exclusive jurisdiction to exercise regulatory control over peaceful nuclear energy and radiation sources in the Philippines.

All nuclear and radiation regulatory functions of other government agencies are transferred to PhilATOM. [RA 12305, §6, 2025]

Director General and Deputy Directors General (§7)

Director General (DG):

  • Appointed by the President of the Philippines
  • 5-year term; reappointable for successive terms
  • Salary Grade 31 (SG-31)
  • Responsible for overall management, supervision of administrative/technical/financial operations
  • Authority to appoint PhilATOM personnel (subject to civil service laws)

Deputy Directors General (DDGs) — 4 positions, SG-30:

  • Appointed by the President
  • Initial terms (staggered): 5/4/3/2 years respectively; thereafter all subsequent appointments = 5 years
  • All eligible for successive terms
  • In case of mid-term vacancy, appointment is only for unexpired term of predecessor

[RA 12305, §7, 2025]

Qualifications (§8)

DG and DDGs must be [RA 12305, §8, 2025]:

  • Filipino citizens and Philippine residents
  • Good moral character, at least 35 years old
  • Recognized probity, independence, and competence
  • Distinguished professional record in at least one of: nuclear science, physical sciences, law, engineering, medical or allied medical sciences in the radiation field
  • At least 7 years of actual and distinguished experience in their field
  • At least one DDG must have a degree in nuclear science or nuclear engineering

Conflict of interest requirements:

  • DG and DDGs (and relatives within the 4th civil degree of consanguinity or affinity, legitimate or common law) are prohibited from holding any interest in regulated entities
  • Must divest through sale or legal disposition of all interests in regulated entities upon assumption of office
  • Enjoy security of tenure — cannot be suspended or removed except for just cause as specified by law

PhilATOM Council (§9)

The PhilATOM Council is the highest body of PhilATOM [RA 12305, §9, 2025]:

  • Composition: DG as Chairperson + 4 DDGs
  • Quorum: Majority of members including the Chairperson must be present
  • Decision: Majority vote of members present where quorum exists
  • The Council exercises quasi-judicial and regulatory functions
  • Meets regularly at the direction of the Chairperson

Powers and Functions (§10)

I. Regulatory functions:

FunctionDetail
Enforce IRREnforce implementing rules and regulations of this Act
Policy supportAssist national government in nuclear safety/security policy and NORM control
Issue regulationsRegulations, standards, and guides for implementation
Review and authorizeAssess applications; issue authorizations for nuclear and radiation facilities
Set authorization termsTerms and conditions for issuance or renewal
FeesAdopt schedule of fees and charges for authorizations
EnforcementSuspend, modify, or revoke authorizations after due notice and hearing
ExemptionsDefine exemptions and exclusions from regulatory control
Radiation source registryEstablish and maintain national registry of radiation sources
Worker dose registryMaintain national registry of authorized persons and occupational dose records
Inspect and monitorVerify compliance with Act, regulations, and authorization conditions
Enforcement measuresTake action on non-compliance
Quasi-judicial powersHold hearings, conduct investigations, administer oaths, issue subpoenas
Enforcement noticesIssue notices of violation, suspension, modification, revocation
Public engagementInform and consult public and stakeholders on regulatory processes
IAEA safeguardsCooperate with IAEA on safeguards inspections and complementary access
National authorityAct as national authority to IAEA, foreign governments, international organizations
Coordinate with agenciesAdvise health/safety, environmental, land use, emergency, security, transport bodies
International exchangeExchange information with foreign regulatory bodies and international organizations
Training and capacityEstablish training center and capacity building including SMR and MMR technology
Radiation monitoringInstall and maintain radiation monitoring stations
Nuclear security supportEstablish and maintain nuclear security support and coordinating center
Emergency decision supportEstablish national decision support center for nuclear/radiological emergencies
ResearchCarry out or arrange research on radiation safety and security
Threat assessmentFacilitate development of nuclear security threat assessment, DBT, and/or RTS
Technical service recognitionFormal recognition of technical service providers (dosimetry, calibration, etc.)
Operator licensingLicensing system for operators of nuclear installations, including safeguards conditions
Expert certificationRecognition of qualified experts and certification of radiation protection officers
Fines and penaltiesImpose fines for non-compliance with Act, IRR, and regulations
International instrumentsFacilitate Philippines’ implementation of international nuclear obligations
Safeguards controlControl and oversee use of nuclear material consistent with Safeguards Agreements

II. Administrative functions:

FunctionDetail
General policyEstablish PhilATOM general policy and strategic plans
Organizational structureAdopt org structure; employ sufficient qualified personnel; no staff with direct/indirect interest in regulated entities
Fee collectionCharge and collect reasonable fees by published criteria
Financial independenceReceive and retain all allocated funds; accept contributions, grants, bequests, and donations; donations exempt from donor’s tax and deductible by donor
Special regulatory fundDeposit retained income in authorized government depository bank as special regulatory fund; used for facilities, HR development, equipment, upgrades, operating expenses
Management systemEstablish safety/security-aligned management system fostering safety and security culture
Universal charge shareSet aside P0.005/kWh reallocation from universal charge for ≤10 years (administered by PSALM via DBP trust fund; released monthly by the 20th; used for construction/HR/equipment/facilities/operating expenses; no new charge created)
Annual reportSubmit to Congress by March 31 each year; published on website

[RA 12305, §10, 2025]

Universal charge funding mechanism in detail:

PSALM creates a special trust fund with DBP. The fund is released to PhilATOM automatically every 20th day of the month following collection. The fund is used exclusively for: (1) construction of buildings/acquisition of office/laboratory space; (2) HR development and expansion including local/foreign consultants; (3) purchase of equipment and motor vehicles; (4) upgrading facilities/equipment/maintenance; (5) other operating expenses. No new collection or increase in total universal charge is allowed based on this Act. The period of PhilATOM’s share shall not exceed 10 years from effectivity. [RA 12305, §10(g), 2025]

Regulations, Standards, and Guides (§11)

PhilATOM shall develop and periodically revise regulations, standards, and guides commensurate with radiation risks (graded approach). These must reflect relevant international safety and security standards, technical standards, and good practices. Public consultation required in developing or amending regulations. For nuclear power plant authorizations, PhilATOM shall facilitate harmonization with IAEA Safety Standards and consider requirements from the country of origin of the standard design or reference plant. [RA 12305, §11, 2025]

Transparency and Confidential Information (§12)

PhilATOM must promote the highest standards of transparency, while protecting information that is (a) classified, sensitive, or proprietary, or (b) the disclosure of which may prejudice nuclear security, safeguards, or national security. [RA 12305, §12, 2025]


Article III — Authorization, Inspection, and Enforcement (§14–21)

Regulated Facilities and Activities (§14)

The following are prohibited without PhilATOM authorization [RA 12305, §14, 2025]:

  • Siting, construction, operation, commissioning, and decommissioning of nuclear or radiation facilities and associated activities
  • Acquisition, ownership, possession, production, manufacture, import, export, distribution, sale, transfer, handling, use, transport, storage, or disposal of nuclear or other radioactive materials
  • Use and testing of radiation generators
  • Radioactive waste management activities
  • Any other activity through which people or the environment may be subject to radiation risks (as determined by PhilATOM and not exempt)

Authorization Process (§16)

Any person intending to engage in a regulated activity must notify PhilATOM. PhilATOM must publicly publish rules on the authorization process including: identification of facilities/activities requiring authorization; procedures and schedules; criteria for issuance/suspension/modification/revocation; applicant conditions; fees; public participation procedures; information protection measures.

Construction authorization timeline cap: PhilATOM and the applicant shall establish a proposed authorization timeline. The timeline for construction authorization shall in no case exceed 18 months. [RA 12305, §16, 2025]

Additional Requirements for Nuclear Facility Authorizations (§17)

RequirementDetail
Site consultationWithin 60 days of IRR, PhilATOM consults PHIVOLCS, DENR-MGB, DENR-EMB, and other relevant agencies to establish site selection and pre-construction requirements
Siting prohibitionsNo nuclear facility in areas classified as high-risk for earthquakes, volcanic eruptions, flooding, or other recurring natural hazards (in consultation with PHIVOLCS/DENR); enhanced review for sites in or adjacent to protected areas, KBAs, and ancestral domains
Seismic designAuthorized Party must ensure NPP design can withstand predicted seismic peak ground acceleration at the location
Reactor type restrictionPhilATOM may only license Light Water Reactors (LWR) and Heavy Water Reactors (HWR) until non-water-cooled or moderated reactors have operated accident-free for at least 19,710 operating hours in the country of origin; exception only by PhilATOM Council with concurrence of the President of the Philippines via executive issuance
EDG elevationEmergency Diesel Generators (EDGs) must be at least 18 meters above sea level; EDGs and other emergency backup safety devices shall not be located in basements of nuclear power plants
Radioactive Waste and Spent Fuel Management FundOperator sets aside an amount (determined by PhilATOM in consultation with ERC) from electricity generated; held in trust by DBP; used for long-term management and final disposition of high-level radioactive waste (including by geologic isolation using deep boreholes); not passed on to consumers
Decommissioning Trust FundOperator sets aside an amount monthly (determined by PhilATOM in consultation with ERC); held in trust by DBP; used exclusively for decommissioning; not passed on to consumers
Regulatory feesOperators assessed fees and charges as a condition for authorization; totality of fees shall not exceed P0.02/kWh of electricity sold, indexed to 2023 Peso value

[RA 12305, §17, 2025]

The 19,710-hour threshold for non-LWR/HWR reactor types is equivalent to approximately 2.25 years of continuous full-power operation (8,760 hours/year). This effectively limits early deployments to proven LWR/HWR designs (including conventional PWRs and most currently-commercialized SMRs that use water cooling).

FPIC and Community Participation (§18)

Prior to approval of any nuclear facility, the project proponent must [RA 12305, §18, 2025]:

  • Secure Free, Prior, and Informed Consent (FPIC) from affected Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) under IPRA (RA 8371)
  • Conduct meaningful consultations with Local Government Units (LGUs) and Civil Society Organizations (CSOs) to ensure inclusive and participatory decision-making

Inspection (§20)

PhilATOM must establish an inspection program and formally appoint qualified inspectors with credentials. Inspectors have access at any time to all parts of premises for [RA 12305, §20, 2025]:

  • Obtaining information on radiation safety and security status
  • Verifying compliance with Act, regulations, and authorization conditions
  • Investigating any nuclear/radiation incident or accident
  • Questioning persons with relevant duties

Inspections include both programmed and reactive, both announced and unannounced. PhilATOM may permanently station inspectors at facilities as needed.

Enforcement (§21)

Enforcement must be commensurate with severity of non-compliance and approved by the PhilATOM Council. Where an inspector determines that activity poses immediate risk of injury to persons or substantial damage to property or environment, the inspector may [RA 12305, §21, 2025]:

  1. Immediately order temporary suspension of the activity
  2. Order the Authorized Party to prohibit unqualified workers from engaging in the activity
  3. Order nuclear/radioactive material to be safely and securely stored
  4. Direct any other enforcement action commensurate with severity

Inspector decisions continue in force unless withdrawn by the inspector, reversed by administrative appeal, or reversed by judicial review. The Court of Appeals has power of judicial review over final PhilATOM orders. [RA 12305, §49, 2025]


Article IV — Radiation Protection and Safety (§22–23)

Radiation Protection (§22)

PhilATOM must [RA 12305, §22, 2025]:

  • Establish a system of control over radioactive sources throughout their useful lives and at end of life, per ICRP recommendations and IAEA requirements
  • Establish dose limits for persons that may not be exceeded in all regulated facilities and activities (based on recognized international bodies including IAEA)
  • Promulgate standards for exposure to ionizing radiation from naturally occurring radioactive materials (NORM)

Radiation Safety (§23)

PhilATOM must [RA 12305, §23, 2025]:

  • Establish national registry of radioactive sources with appropriate security protections
  • Identify practices to be exempted from regulatory control
  • Establish clearance levels for release from regulatory control
  • Require authorized parties to promptly report loss of control over radioactive sources
  • Coordinate development of a national strategy for gaining/regaining control over Material Out of Regulatory Control (MORC/orphan sources) — coordinated with relevant agencies and approved by DND

Article V — Emergency Preparedness and Response (§24–26)

On-site Emergency Planning (§24)

PhilATOM shall require (by regulation or authorization condition) on-site emergency plans for any regulated facility that could necessitate emergency response. The Authorized Party is responsible for the on-site emergency plan, including measures for accident mitigation and remediation coordinated with the off-site emergency plan. PhilATOM ensures Authorized Party has sufficient authority to take immediate protective actions on-site in response to emergencies with potential off-site consequences. [RA 12305, §24, 2025]

National Plan for Off-site Emergencies (§25)

A national plan must be established to protect the public in a nuclear or radiological emergency declared as a consequence of an incident within or outside Philippine territory. The plan must be integrated into the NDRRMC operational framework and maintained by the head of the lead agency overseeing the national response organization. PhilATOM provides expert advisory services on radiation monitoring and risk assessment. The National Emergency Plan is integrated with the National Disaster Risk Reduction and Management Plan (NDRRMP). Regular training, drills, and exercises must be conducted, covering the full range of postulated emergencies including those with transboundary consequences. [RA 12305, §25, 2025]

Transboundary Emergencies (§26)

PhilATOM must immediately notify the IAEA and relevant authorities of any State that may be affected by a nuclear/radiological release of radiological significance. PhilATOM serves as the point of contact for providing information or assistance on nuclear/radiological emergencies under relevant international instruments. [RA 12305, §26, 2025]


Article VI — Nuclear Security (§27–35)

Physical Protection Regulation (§27)

PhilATOM establishes requirements for categorization of nuclear material and physical protection (including cybersecurity) using a graded approach for [RA 12305, §27, 2025]:

  • Protection against theft and other unlawful taking
  • Rapid and comprehensive measures to locate and recover missing or stolen material
  • Protection against sabotage of nuclear/radioactive material and facilities
  • Mitigation of radiological consequences of sabotage
  • Protection against and minimization of cyber attack threats

Physical protection requirements include authorization conditions for physical protection and computer security, inspection/monitoring measures, and enforcement measures.

During international transport of nuclear material (including within Philippines territory and on ships/aircraft under Philippine jurisdiction), physical protection measures apply based on relevant international instruments. Export, import, or transit of nuclear material is not authorized unless the Philippines has received assurances that the material will be protected during transport. [RA 12305, §27, 2025]

PhilATOM coordinates with government security authorities for a national nuclear security architecture including [RA 12305, §27, 2025]:

  • Regular national threat assessment evaluating nuclear security vulnerabilities
  • National nuclear detection architecture
  • Human development program in nuclear security
  • Periodic review of national nuclear security legislation
  • Review and recommendation on international legal instruments
  • Nuclear security culture promotion program

Authorized Party Physical Protection Responsibilities (§28)

Authorized parties (or transport document holders for international shipments) bear prime responsibility for physical protection. In case of theft, robbery, unlawful taking, credible threat, or loss, the Authorized Party must [RA 12305, §28, 2025]:

  1. Notify PhilATOM without delay
  2. Provide written report to PhilATOM as soon as practicable
  3. Provide any additional information requested

Protection of SDAs (§31)

Computer-based systems used for physical protection, nuclear safety, and nuclear material accountancy and control must be protected against compromise (cyber-attack, manipulation, or falsification) consistent with the Design Basis Threat (DBT). PhilATOM, in consultation with DICT, shall develop and maintain a national computer security strategy as part of its nuclear security regime. [RA 12305, §31, 2025]

Criminal Offenses — Nuclear Security (§32–35)

Unauthorized handling (§32): It is a criminal offense to [RA 12305, §32, 2025]:

  • Without lawful authority, receive, possess, transfer, alter, or dispose of nuclear/radioactive material or possess a device with intent to cause death, serious bodily injury, or substantial damage to property or environment, or which causes or is likely to cause such harm
  • Commit theft, robbery, embezzlement, or fraudulent obtainment of nuclear/radioactive material, or carry/send/move radioactive material into/out of Philippines without lawful authority
  • Threaten to commit theft/robbery to compel persons, international organizations, or states
  • Demand nuclear/radioactive material by threat, force, or intimidation
  • Without lawful authority, use or disperse nuclear/radioactive material or use/make a device with intent to cause death/injury/damage or to compel action from persons/organizations/states

Facility offenses (§33): Criminal offense to use or damage a nuclear/radiation facility or interfere with its operation releasing or risking release of radioactive material with intent to cause death/injury/damage or to compel action, or with knowledge that act is likely to cause such harm.

Jurisdiction (§34): Philippines has jurisdiction when [RA 12305, §34, 2025]:

  • Offense committed within Philippine territory or on board Philippine-registered ship or aircraft
  • Alleged offender is a Philippine national or permanent resident
  • Alleged offender is present in the Philippines and not extradited
  • Act done outside Philippines in the course of international transport of nuclear material where Philippines is state of origin or ultimate destination

Extradition (§35): Offenses under this Article are extraditable offenses under any extradition treaty between the Philippines and state parties to relevant international instruments. [RA 12305, §35, 2025]


Article VII — Safeguards Agreements and Protocols (§36–40)

Application of Safeguards (§36)

PhilATOM shall [RA 12305, §36, 2025]:

  1. Ensure implementation of Philippines’ obligations under the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and Safeguards Agreements with the IAEA
  2. Collect and provide IAEA the information required to fully implement the Safeguards Agreements
  3. Facilitate access by IAEA inspectors within Philippine territory
  4. Coordinate with government authorities in providing information to IAEA

IAEA designated inspectors may enter and remain in the Philippines to carry out safeguards functions without obtaining visas. PhilATOM ensures timely detection of diversion of nuclear material from peaceful purposes. [RA 12305, §36, 2025]

Domestic Safeguards Inspections (§37)

Domestic safeguards inspectors and IAEA designated inspectors have access to any location or nuclear facility as provided under the Safeguards Agreements. All government agencies and authorized parties shall allow the PhilATOM and the IAEA to carry out any measures necessary for achieving compliance with Philippine undertakings under the Safeguards Agreements, including [RA 12305, §37, 2025]:

  1. Promptly providing all necessary information
  2. Providing access to locations and nuclear facilities
  3. Providing support to PhilATOM and IAEA inspectors

Nuclear Material Accounting System (§38)

PhilATOM must establish and maintain a system for accounting and control of nuclear material in the Philippines, including systems for [RA 12305, §38, 2025]:

  • Measurement of nuclear material and evaluation of measurement accuracy
  • Review of measurement differences
  • Physical inventories
  • Reporting on loss, misappropriation, interference, or accidents
  • Evaluation of unmeasured inventories
  • Records and reports for tracking nuclear material inventories and flows
  • Verification of accounting methods
  • Reporting to the IAEA

Authorized Party Obligations on Safeguards (§39)

Authorized parties possessing, using, handling, or processing nuclear material subject to the Safeguards Agreements must [RA 12305, §39, 2025]:

  • Maintain records, submit reports, and perform measurements as prescribed by PhilATOM
  • Provide information on nuclear facility design including changes
  • Conduct physical inventories
  • Give notice to PhilATOM on nuclear material import or export
  • Maintain physical protection and security measures
  • Immediately inform PhilATOM of any interference, loss, misappropriation, or accident involving nuclear material
  • Allow PhilATOM and IAEA inspectors to carry out inspections without hindrance

Additional Protocol Requirements (§40)

Any person intending to carry out research and development activities related to the nuclear fuel cycle must provide information to PhilATOM prior to commencement. Authorized parties performing activities subject to the Safeguards Agreements must submit necessary information and data to PhilATOM for compliance with Philippine undertakings. [RA 12305, §40, 2025]


Article VIII — Transport, Import, and Export Controls (§41–43)

Transport Requirements (§41)

PhilATOM establishes requirements for transport of radioactive material to, from, and within the Philippines. Requirements must [RA 12305, §41, 2025]:

  • Include categorization based on types, quantities, and activity levels of material
  • Consider the latest IAEA Regulations for the Safe Transport of Radioactive Material
  • Accept (and may not require relicensing of) transport packages or containers already licensed by an experienced foreign nuclear regulatory body in a state in good standing under international nuclear legal instruments

Export and Import Controls (§42)

PhilATOM establishes regulatory requirements for export and import of nuclear and radioactive materials, ensuring [RA 12305, §42, 2025]:

  • Prior PhilATOM authorization with safeguards and physical protection assurances
  • Before import: exporter has authorization from competent authority of country of origin
  • Before export: importing country has appropriate technical/administrative capability and regulatory infrastructure for safe and secure management of the materials (especially disused sources)

Export criteria include: recipient state has IAEA safeguards agreement in force; binding commitment to peaceful use only; prior approval rights for retransfer or reprocessing; physical protection consistent with the Convention on Physical Protection; legitimate end-use demonstrated; consent of transit states; appropriate licensing of consignee/consignor/carrier.

Export of spent nuclear fuel or radioactive waste shall not be authorized to destinations south of latitude 60° south (Antarctica). [RA 12305, §42, 2025]

Coordination with DTI-STMO and BOC (§43)

PhilATOM coordinates with the DTI Strategic Trade Management Office (DTI-STMO) and Bureau of Customs (BOC) for export authorization review and approval. A formal coordination mechanism between PhilATOM and DTI-STMO is established for export and import controls of controlled items. [RA 12305, §43, 2025]


Article IX — Radioactive Waste and Spent Fuel (§44–47)

Management Requirements (§44)

PhilATOM promulgates safety and security regulations for radioactive waste and spent fuel management, establishing [RA 12305, §44, 2025]:

  • Authorization system for facilities and activities
  • Regulatory inspection, documentation, reporting, and institutional control for disposal
  • Enforcement system for compliance

General Principles (§45)

At all stages of radioactive waste and spent fuel management [RA 12305, §45, 2025]:

  • People and environment are adequately protected from radiological and other hazards
  • Generation of radioactive waste is kept to the minimum practicable
  • Interdependence among management steps is considered
  • Measures reflect internationally recognized IAEA criteria, standards, and guidance
  • Biological, chemical, and other associated hazards are addressed
  • Actions imposing impacts on future generations greater than those permitted today are avoided
  • Undue burdens on current and future generations are avoided
  • Spent fuel may be kept in interim storage pending final disposal by geologic isolation using deep boreholes or other PhilATOM-prescribed methods
  • The nuclear installation operator is solely responsible for funding radioactive waste and spent fuel management and disposal
  • Other existing environmental laws, rules, and regulations apply

Disposal Plans (§46)

Waste CategoryDisposal MethodDesignation Authority
Low and Intermediate Level Waste (LLW/ILW)Above or below grade near-surface disposal facilitiesDENR designates locations per safety requirements and environmental standards
High-Level Waste (HLW)Deep geological repository; sealed when filled to maximum capacityPhilATOM manages the repository

[RA 12305, §46, 2025]

National Policy and Strategy (§47)

Key provisions [RA 12305, §47, 2025]:

  • A national policy and strategy for radioactive waste and spent fuel management shall be developed and approved at the national level by presidential issuance until a law is enacted
  • DENR, in coordination with PNRI and PhilATOM, shall identify a minimum area of 200 hectares as site for the National Low and Intermediate Level Waste Management Site
  • PNRI shall establish a Low and Intermediate Level Radioactive Waste Management Office/Center — confirming PNRI’s survival post-RA 12305 in this specific function
  • Spent Fuel (SNF) from LWRs and HWRs: must be stored in dry cask after cooling in spent fuel pool (SNP) for 5 years from removal from reactor; transfer to dry cask begins in Year 6 and must be completed by end of Year 7
  • PhilATOM may certify remote dry cask interim storage facilities (concrete pads or roofed facilities) at any location in the Philippines

Article X — Offenses, Penalties, and Appeals (§48–49)

Criminal Offenses and Penalties (§48)

OffensePenalty
Willful violation of §14 (regulated facilities/activities without authorization)Up to 5 years imprisonment or fine of not less than PhP 5,000,000, or both
Willful violation of §30 (confidential information disclosure), §32 (unauthorized handling), §33 (facility offenses)RPC penalties one degree higher than prescribed; or for special penal law equivalents: +1/+2/+3 years for light/less grave/grave offenses
Willful violation of any other provision, regulation, order, authorization, or licenseUp to 2 years imprisonment or fine of not less than PhP 1,000,000, or both

PhilATOM may file verified complaints motu proprio or upon initiative of any interested person. [RA 12305, §48, 2025]

Administrative Offenses and Appeals (§49)

Civil monetary fines [RA 12305, §49, 2025]:

  • PhP 50,000 to PhP 100,000,000 per violation
  • For repeated or continuing violations: additional PhP 10,000 to PhP 100,000 for each day of continuing violation

Administrative penalties: notice of violation, fine, suspension, modification, cease and desist order, or revocation of authorization.

Appeals: The Court of Appeals has power of judicial review over any final order or decision of PhilATOM.


Article XI — Final Provisions (§50–61)

Nuclear Liability (§50)

The provisions of Part VII (Liability for Nuclear Damage) of the Atomic Energy Regulatory and Liability Act of 1968 (RA 5207) continue to apply in accordance with international nuclear liability instruments to which the Philippines is a party — despite the repeal of RA 5207 in §60. Nuclear liability survives the overall repeal. [RA 12305, §50, 2025]

Existing Authorizations (§51)

Licenses and authorizations issued by PNRI and FDA-CDRRHR remain in force until superseded by PhilATOM regulations, standards, and orders. [RA 12305, §51, 2025]

Transition Period (§52)

  • Transfer of all functions, assets, funds, equipment, properties, transactions, and personnel from PNRI (regulatory functions) and FDA-CDRRHR (radiation device regulatory functions) to PhilATOM must be completed within 1 year from effectivity
  • Until new appointments and staffing pattern are issued, existing personnel continue in holdover capacities
  • Transition Committee: Director of PNRI + Director of FDA-CDRRHR + Director General of FDA; facilitates complete PhilATOM operation within 1 year; promulgates Transition Plan
  • PhilATOM creates staffing pattern within 120 days of effectivity (after Council constituted), in consultation with Transition Committee and DBM
  • No demotion or diminution in ranks, positions, salaries, benefits, allowances, and emoluments for transferred PNRI and FDA-CDRRHR personnel
  • Qualified PhilATOM employees are covered by the Magna Carta for Scientists (RA 8439)

[RA 12305, §52, 2025]

Note: The transition period begins only after the PhilATOM Council is duly constituted (§58). The 1-year clock starts from Council constitution, not from effectivity of the Act.

PhilATOM Headquarters (§54)

An area under BCDA administration within the Clark Special Economic Zone in Pampanga and Tarlac may be leased exclusively for PhilATOM headquarters, based on BCDA-PhilATOM agreed terms. PhilATOM shall establish additional offices in strategic areas as needed. Boundaries determined by joint survey. [RA 12305, §54, 2025]

Joint Congressional Oversight Committee (§55)

RA 12305 creates a Joint Congressional Oversight Committee (JCOC) specifically for PhilATOM oversight — distinct from the Joint Congressional Energy Commission (JCEC) that oversees other energy laws. [RA 12305, §55, 2025]

JCOC Composition (10 members):

  • Senate (5): Chair of Committee on Science and Technology + Chair of Committee on Health and Demography + Chair of Committee on Finance + 2 appointed by Senate President (1 from minority)
  • House (5): Chair of Special Committee on Nuclear Energy + Chair of Committee on Health + Chair of Committee on Appropriations + 2 appointed by Speaker (1 from minority)

Secretariat drawn from existing personnel of member committees.

IRR (§57)

PhilATOM shall promulgate the implementing rules and regulations within 180 days of effectivity. [RA 12305, §57, 2025]

Repealing Clause (§60)

Repealed in full or in part [RA 12305, §60, 2025]:

  • RA 5207 (Atomic Energy Regulatory and Liability Act of 1968) — repealed (nuclear liability provisions survive per §50)
  • RA 2067 (Science Act of 1958, as amended) — relevant provisions repealed
  • RA 9711 (Food and Drug Administration Act of 2009) — relevant provisions repealed (FDA-CDRRHR radiation device regulation transferred to PhilATOM)
  • Executive Order No. 128, Series of 1987 (Reorganizing the National Science and Technology Authority) — relevant provisions repealed

All other laws, presidential decrees, executive orders, and issuances inconsistent with this Act are repealed or modified accordingly.


Full text: Cleaned copy