Marcos signs laws on nuclear energy safety, Shari’ah courts

MANILA, Philippines — President Marcos has signed into law measures creating a body that will craft policies on ensuring the safe and peaceful use of nuclear energy as well as providing for equitable access to Shari’ah courts.

The Philippine National Nuclear Energy Safety Act and the amendment to the National Commission on Muslim Filipinos Act of 2009 were enacted on Sept. 18, documents posted on the Official Gazette showed.

The nuclear energy safety law, also known as Republic Act (RA) 12305, seeks to establish a legal framework to govern and facilitate the peaceful, safe uses of nuclear energy and to protect people and the environment against the harmful effects of ionizing radiation.

The law also forms the Philippine Atomic Energy Regulatory Authority to enable the country to comply with its international obligations on the use of nuclear energy.

The PhilATOM will exercise regulatory control for the peaceful, safe and secure use of nuclear energy and radiation sources in the country.

PhilATOM will have a council that will be tasked to exercise regulatory functions and responsibilities such as enforcing the implementing rules and regulations of the law; assisting the national government in developing policies and strategies for safety and security and crafting measures for the control of regulated facilities and activities and exposures from naturally occurring radioactive materials.

The law also enumerates activities that are prohibited without authorization by the PhilATOM.

These activities include siting, construction, operation, commissioning and decommissioning of a nuclear radiation facility and its assorted activities.

Acquisition, ownership, possession, production, manufacture, import, export, distribution, sale, offer for sale, transfer, handling, use, transport, storage or disposal of nuclear or other radioactive generators are also included.

Also prohibited are radioactive waste management activities and any other activity or practice through which people or the environment may be subject to radiation risks.

In an earlier speech, Marcos said the Philippines intends to integrate nuclear energy into its energy mix by 2032. Under the presidency of his late father and namesake, the government constructed the Bataan Nuclear Power Plant ostensibly as a response to an oil crisis in the 1970s.

Ferdinand Marcos Sr. was accused of pocketing $80 million in kickbacks from the US contractor Westinghouse. The power plant, which reportedly sits near an earthquake fault, was mothballed after Marcos was ousted in the 1986 EDSA People Power revolt.

In 2023, the Philippines and the US inked the 123 Agreement, which allows Washington to export nuclear technology and equipment to Manila for peaceful uses.

It was named after Section 123 of the US Atomic Energy Act, which requires the completion of a peaceful nuclear cooperation deal for significant transfers of nuclear material from the US.

Equitable access  to Shari’ah courts

Marcos also signed RA 12304, which amends the National Commission on Muslim Filipinos Act to provide for equitable access to Shari’ah courts.

The law tasks the National Commission on Muslim Filipinos to assist the Philippine Statistics Authority in conducting census on the actual population of Muslim Filipinos in the country.

It will facilitate the filing or submission of legal documents for cases filed in the Shari’ah courts.

It also contains a provision on the bureau of legal affairs, which will provide Muslim Filipinos with legal education and assistance in case of litigation involving their persons or interests.

The bureau will act as legal counsel of the commission and investigate cases involving its personnel and submit appropriate recommendations.

It is tasked to ensure equitable access to Shari’ah courts and facilitate the filing or submission of pleadings and other court submissions with the proper Shari’ah court for litigants who reside in a region without such a tribunal.

RA 12304 directs the commission to establish a mechanism for the filing or submission of legal documents within the jurisdiction of the Shari’ah circuit and district courts in coordination with the Supreme Court.

The commission and the information and communications technology are also tasked to create a digital platform that allows paperless filing of pleadings and other court submissions.