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Philippine Bar review · Question

Practice question: Nationality and Citizenship Requirements

Multiple Choice Medium Jurisprudence

Practice question

A Philippine-organized corporation applies to operate a water pipeline distribution system for public use. Its single class of ordinary voting shares is fifty-five percent genuinely Filipino-owned and forty-five percent foreign-owned. Assuming no applicable exemption, does this satisfy the public-utility nationality threshold?
  1. Yes, because any Filipino majority suffices.
  2. Yes, because RA 11659 removed water systems from public utilities.
  3. Yes, because foreign ownership is always irrelevant to utility franchises.
  4. No; water pipeline distribution remains a listed public utility and fifty-five percent is below sixty.
  5. No; because all water utility shares must be foreign-owned.

Legal references

  • 1987 Constitution, Article XII Section 11: https://lawphil.net/consti/cons1987.html
  • RA 11659, Section 4 amending Public Service Act Section 13(d): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/94539

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