Presidential Decree No. 606

 

 

TRANSFERRING THE PHILIPPINE ATOMIC ENERGY COMMISSION FROM THE NATIONAL SCIENCE DEVELOPMENT BOARD TO THE OFFICE OF THE PRESIDENT

 

WHEREAS, it is declared policy of the Philippine Government to utilize atomic energy for peaceful purposes to accelerate national progress;

 

WHEREAS, the utilization of atomic energy as a versatile tool in research and development has brought about unprecedented world-wide advances in science and technology;

 

WHEREAS, there now exists an international consciousness for the role of atomic energy as a vital source of power in the face of worldwide shortage of energy-producing fossil fuels;

 

WHEREAS, as a major additional source of power, the Philippines has decided on a long-range nuclear power generation program, starting with the implementation of the first nuclear power plant project;

 

WHEREAS, the peaceful contributions of atomic energy to the Philippine national development is already being amply demonstrated locally in agricultural activities, public health, nuclear medicine, environmental protection, industrial operations and research;

 

WHEREAS, the Philippine Atomic Energy Commission is the only government agency in the country, charged with the responsibility of promoting and advancing the peaceful uses of atomic energy as well as the licensing and regulating activities of atomic energy facilities in the country;

 

WHEREAS, the increased utilization of atomic energy and the nuclear power development program in the country have resulted in highly demanding responsibilities and expanded functions of the Philippine Atomic Energy Commission;

 

WHEREAS, the Office of the President needs to be informed directly by the Commission on the accelerating pace of international nuclear activities, in the interest of national security and public safety;

 

WHEREAS, by reason of the above, it is imperative that the Commission be constituted as an independent and more autonomous body;

 

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, in order to effect the desired changes and reforms in the Philippine Atomic Energy Commission, do hereby order and decree the following:

 

SECTION 1.The Philippine Atomic Energy Commission is transferred from the National Science Development Board and placed under the Office of the President.

 

SEC. 2.The Commission shall be under a Commissioner and a Deputy Commissioner, both of whom shall be appointed by the President of the Philippines.Both officials shall be citizens of the Philippines who shall have attained distinction in nuclear science and technology and with adequate administrative experience.Both shall pass the necessary security clearance.

 

The Commissioner shall receive an annual compensation of not less than Thirty Six Thousand Pesos and the Deputy Commissioner not less than Thirty Thousand Pesos.

 

SEC. 3.The Commission shall continue to discharge its powers and functions provided for under Republic Act No. 2067, as amended, and Republic Act No. 5207, particularly in such fields as:

 

(1)      research and development activities;

 

(2)      promotion of nuclear scientific techniques, and provision of technical extension services;

 

(3)      training and education of local scientists and technologists in the nuclear field;

 

(4)      regulation of the use of atomic energy to safeguard public health and safety;

 

(5)      dissemination of information on atomic energy and the Commissionís program;

 

(6)      participation in international conferences and meetings on nuclear matters.

 

In addition, the Commission shall discharge the following functions:

 

(a)      Make grants-in-aid for research into matters associated with nuclear power or atomic energy;

 

(b)      Make arrangements with universities and other institutions or persons for the conduct of research into matters with atomic energy;

 

(c)      Disseminate results of scientific and technological research in the field of nuclear science and the application thereof;

 

(d)      Encourage other authorities and persons to undertake exploration for; and mining and treatment of, uranium and other special nuclear materials;

 

(e)       Grant financial or other awards, bonuses and/or prizes to deserving personnel and scientists;

 

(f)       Pay honoraria and/or additional compensation to scientific, technological and professional personnel employed in the government or its subdivisions and instrumentalities under such terms and conditions as may be most conducive towards the attainment of maximum efficiency in scientific research and studies; and

 

(g)      Impose and collect reasonable fees in connection with the technical and other related services that the Commission performs in accordance with the rates established by it.  For this purpose, the Commission shall issue such rules and regulations as may be deemed necessary:  Provided, That the amount of such fees or charges may be reduced or waived by the Commission in favor of scientists, government agencies and industrial or educational working in cooperation with or assisting the Commission in its activities.

 

SEC. 4.All officials and employees of the Commission, including its scientific, technical and professional personnel shall not, during their continuance in office engage in the practice of their professions, except to render highly scientific and professional services like consultations and to teach highly specialized and related subjects.

 

SEC. 5.Notwithstanding the provisions of Commonwealth Act No. 138 and such other related laws and regulations, as well as the requirements of public bidding, the Commission may, subject to the approval of the Office of the President, enter into contracts, or otherwise make arrangements for the conduct of atomic energy research and its development.

 

In implementation of such contracts or arrangements, the Commission may, subject to the approval of the Office of the President, make partial or advance payments and make available such equipment and facilities of the Commission as may be deemed necessary.

 

SEC. 6.The Commission shall establish a comprehensive and progressive merit system in accordance with Civil Service rules and regulations.The recruitment, transfer, promotion, and dismissal of all Commission personnel, including temporary workers, shall be governed by such merit system.

 

All officials and employees of the Commission shall be subject to Civil Service law, rules and regulations.

 

The regular scientific and technical personnel of the Commission shall be exempted from WAPCO rules and regulations.

 

SEC. 7.To carry out the above purposes and for its first year of operation as herein provided, an initial amount of twelve million pesos is hereby appropriated and shall be made available from the funds of the National Government effective 1 July 1974:Provided, That for this fiscal year and every year thereafter, the amount of five million pesos shall be set aside from the Special Science Fund to augment the yearly appropriation of the Commission under the General Fund to finance its nuclear research and development, training, regulatory and promotional activities.Any expended balances in the appropriations of the Commission from both the General Fund and the Special Science Fund shall accrue to the Atomic Energy Research Fund.

 

SEC. 8.All applicable appropriations of the Commission, its personnel, records, equipment and properties and including such facilities and buildings as are now located in the Commission compound and which are being used in connection with the Commissionís activities are transferred as herein provided.

 

SEC. 9.This Decree shall be implemented immediately and shall take effect as of 1 July 1974.

 

SEC. 10.All laws, executive orders, decrees, rules and regulations, contrary to or inconsistent with the provisions of this Decree are hereby repealed, amended or modified accordingly.

 

Done in the City of Manila, this 13th day of December, in the year of Our Lord, nineteen hundred and seventy-four.

 

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