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Philippine Bar review · Question

Practice question: Suspensive and Prohibitory Powers of the President

Multiple Choice Hard Jurisprudence

Practice question

An investor takes less than half of the shares but receives arrangements stipulated to grant effective control of a public service indirectly. It argues section 23 can never apply unless the nominal share percentage exceeds 50%. Which is best?
  1. A percentage below 50 always ends the inquiry
  2. The section focuses on effective direct or indirect foreign control; the stipulated control cannot be ignored merely because nominal ownership is a minority
  3. All minority holdings automatically confer control
  4. Only share certificates printed abroad count
  5. Every investment is automatically prohibited regardless of findings

Legal references

  • https://lawphil.net/statutes/repacts/ra2022/ra_11659_2022.html — RA 11659, section 23
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/97017 — final IRR of RA 11659, national-security review provisions

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