Philippine Bar review · Question

Practice question: Foreign Government or State-Owned Enterprise Investments

Multiple Choice Hard Jurisprudence

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?
  1. Its critical-infrastructure restrictions apply to investments made after the service is declared critical infrastructure.
  2. Classification automatically rewrites every historic investment date.
  3. Only the investor's preferred accounting year matters.
  4. No investment after declaration can ever be regulated.
  5. 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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