Philippine Bar review · Question

Practice question: Reciprocity

Multiple Choice Hard Jurisprudence

Practice question

After a public service is classified as critical infrastructure, an otherwise eligible private foreign investor seeks 70% ownership. The investor establishes that its home country's law permits Philippine nationals to hold more than 50% in a qualifying economic activity in the services sector. An objector insists reciprocity can exist only in the identical Philippine infrastructure industry. Which is the best analysis?
  1. The identical-industry objection is too narrow because the statute permits rights of similar value in other sectors and IRR 45 specifies qualifying alternatives.
  2. The objection is correct because other sectors are always irrelevant.
  3. Reciprocity is unnecessary because the investor is privately owned.
  4. Reciprocity automatically authorizes all foreign state-owned investors as well.
  5. The investor's 70% proposal falls below the reciprocity threshold.

Legal references

  • RA 11659, Section 25; https://lawphil.net/statutes/repacts/ra2022/ra_11659_2022.html
  • 2023 IRR of RA 11659, Section 45; https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/97017

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