Practice question
A public service not previously a utility is later declared critical infrastructure. A foreign-state-linked investor says every pre-declaration investment is automatically prohibited retroactively under the critical-infrastructure restriction. Which timing qualification in IRR Section44(e) matters?
- Its critical-infrastructure restrictions apply to investments made after the service is declared critical infrastructure.
- Classification automatically rewrites every historic investment date.
- Only the investor's preferred accounting year matters.
- No investment after declaration can ever be regulated.
- The timing qualification removes every other law and every utility restriction.
Legal references
- RA 11659, amending CA146, public-utility definition and national-security safeguards: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/94539
- Signed March 20, 2023 implementing rules of RA11659, Sections 5-7 and 32-45: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/97017
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