Phl-U.S. nuke deal legal — Remulla

The Department of Justice (DoJ) said in a legal opinion that the 2023 agreement on the peaceful uses of nuclear energy with the United States is consistent with the Philippine Constitution and existing laws.

Justice Secretary Jesus Crispin Remulla, in a legal opinion dated 1 April 2024, stated, “The provisions of the 123 Agreement are not in conflict with the aforementioned existing laws, as well as with the pending nuclear-related bills before Congress for which this Department has been involved, such as the proposed measures seeking to amend Republic Act 5207 on atomic energy regulation and nuclear civil liability.”

Remulla emphasized that the agreement aligns with the Philippines’ policy against nuclear weapons as enshrined in the Constitution.

“The 123 Agreement is consistent with the state policy against nuclear weapons under Article II, Section 8 of the Philippine Constitution that states that nuclear material, equipment, and components and those produced from it shall not be used for any nuclear explosive device, for research on or development of any nuclear explosive device, or for any military purpose,” he said.

The legal opinion was issued in response to a request from Assistant Secretary Jose Victor V. Chan-Gonzaga of the Department of Foreign Affairs (DFA) regarding the 123 Agreement, formally titled the Agreement for Cooperation Between the Government of the Republic of the Philippines and the Government of the United States of America Concerning Peaceful Uses of Nuclear Energy, signed on 16 November 2023 in the United States.

Chan-Gonzaga inquired whether the agreement falls under existing Philippine legislation, including Republic Act 5207 (Atomic Energy Regulatory and Liability Act of 1968), Republic Act 10697 (Strategic Trade Management Act of 2015), and Republic Act 11479 (Anti-Terrorism Act of 2020). He also sought clarification on potential conflicts between the 123 Agreement and existing or pending legislation.

Remulla affirmed the agreement’s compliance with existing frameworks, citing Republic Act 5207 and Executive Order No. 12, series of 187. “This Executive Order explicitly empowers the Philippine Nuclear Research Institute to license and regulate activities relative to production, transfer and utilization of nuclear and radioactive substances,” he said.

While acknowledging the age of RA 5207, Remulla highlighted its compatibility with more recent legislation.

“This law has been complemented by recent laws including but not limited to RA 10679 of 2015 for the strategic goods control, such as in their importation, exportation, transit, as well as transshipment, and RA 11479 of 2020 which, despite its silence on nuclear terrorism, punishes acts of terrorism in general,” he said.

Remulla further noted that the 123 Agreement itself emphasizes adherence to national and international legal frameworks.