Section 37Sec./Art. 37

The Operator Liable. This installation operator shall be liable for nuclear damages upon proof that such damage has been caused by a nuclear incident.

(a) in his nuclear installation; or

(b) involving nuclear material coming from or originating in his nuclear installation, and occurring

(1) before liability with regard to nuclear incidents involving the nuclear material has been assumed, pursuant to the express terms of a contract in writing, by another installation operator; or

(2) in the absence of such express terms, before another installation operator has taken charge of the nuclear material;

(c) involving nuclear material sent to his nuclear installation, and occurring

(1) after liability with regard to nuclear incidents involving the nuclear material has been assumed by him, pursuant to the express terms of a contract in writing, from another installation operator; or

(2) in the absence of such express terms, after he has taken charge of the nuclear material:

Provided, That if nuclear damage is caused by a nuclear incident occurring in a nuclear installation and involving nuclear material stored therein incidentally to the carriage of such material, the provisions of paragraph (a) of this section shall not apply where another installation operator or person is solely liable pursuant to the provisions of subparagraph (b) or (c) of this paragraph;

(d) Any provision in this section to the contrary notwithstanding, the installation operator shall be liable for nuclear damage upon proof that such damage has been caused by a nuclear incident involving nuclear material in the course of carriage (1) to his nuclear installation from a nuclear installation located outside the Philippines, or (2) from his nuclear installation to a nuclear installation outside the Philippines. The provisions of this paragraph shall be applicable only in the absence of applicable provisions to the contrary in an effective international agreement to which the Philippine Government and the Government of the nuclear installation outside the Philippines are parties.