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Philippine Bar review · Question

Practice question: Foreign Government or State-Owned Enterprise Investments

Multiple Choice Medium Jurisprudence

Practice question

A foreign government controls an enterprise through the power to appoint most of its board, although it owns only 40% of the capital. The enterprise proposes a new investment in a covered public utility after RA 11659 took effect. It is not within the fund exception. Can it defeat the restriction solely by pointing to its minority shareholding?
  1. Yes, because only 100% state ownership counts.
  2. Yes, because all minority shareholders are private investors.
  3. Yes, because board appointments never matter.
  4. Yes, if it uses the word private in its name.
  5. No. The statutory definition includes the state's majority-board appointment power.

Legal references

  • RA 11659, Sections 2(g) and 24; https://lawphil.net/statutes/repacts/ra2022/ra_11659_2022.html
  • 2023 IRR of RA 11659, Section 44; https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/97017

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