S.A 2020/21 B.E POLITICAL LAW | Question #8

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SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN POLITICAL LAW 






A news agency incorporated under Philippine laws won two international awards for its stand on freedom of expression. One of its founding directors even won the Nobel Peace Prize. For championing free expression, it received a substantial investment offer from a British philanthropist.

The investment offer comes in the form of funds which can cover at least 80% of the news agency's operations, both in print and online. In exchange, however, the British philanthropist would acquire 51% of the news agency's outstanding common and voting stocks, as well as get a seat for the philanthropist's nominee in the news agency's governing board.

Are the conditions of the investment constitutional? Explain briefly.


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SUGGESTED ANSWER:



No. Under the Constitution (Art. XVI, sec. 11), the ownership and management of mass media shall be limited to citizens of the Philippines, or to associations wholly owned and managed by such citizens. Acquisition by the British philanthropist of 51% of the common and voting stocks of the news agency would be a violation of the constitutional prohibition.




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