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Philippine Bar review · Question

Practice question: Nature and Concept

Multiple Choice Hard Jurisprudence

Practice question

The Republic owns all shares of a corporation managing government infrastructure investments. Its board negotiates the sale of a controlling interest in a subsidiary to a private consortium. The governing rules require approval by a national executive committee, which reviews and approves the transaction. Before closing, a challenger invokes a constitutional restriction addressed to the State. Assume that the restriction otherwise covers the transaction. The corporation argues that its separate juridical personality, commercial role, and arm's-length negotiations place the sale outside constitutional control. Which is the best response?
  1. The restriction is inapplicable because the corporation has a personality separate from the Republic.
  2. The transaction remains constitutionally constrained; corporate personality does not insulate this government-approved transaction.
  3. The restriction applies only if the corporation exercises regulatory authority over the consortium.
  4. The restriction binds Congress alone because the corporation operates under legislation.
  5. The restriction applies only after the consortium takes control.

Legal references

  • Manila Prince Hotel v. GSIS, G.R. No. 122156, February 3, 1997, main opinion: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/34508

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