Sulit v. Mortel, Jr.

[SEC-SICD * CASE NO. 11-96-5485. September 21, 1998.]

EDUARDO S. SULIT and PASIA PHIL. GROUP, INC., petitioners, vs. NEMESIO H. MORTEL, JR., respondent.

D E C I S I O N

This is a petition for Mandamus, Sum of Money with Damages filed principally by Eduardo S. Sulit (Sulit, for brevity) who also impleaded Pasia Phil. Group, Inc. (Pasia, for brevity) as party petitioner by way of derivative suit only, against Nemesio H. Mortel, Jr., Nestor Gualberto, Marcelino R. Mortel, Mariano H. Mirano and Danilo Sta. Ana, all of whom are stockholders and directors of Pasia except Danilo Sta. Ana, who shall be referred to as respondents. The petition seeks to compel respondents to allow Sulit to inspect and examine all corporate books and records of the corporation.

Respondents, in their Answer question the personality and qualification of Sulit to inspect and examine the books of the corporation as they deny his being a stockholder thereof.

The facts of this case, as culled from the evidence both testimonial and documentary, adduced by the parties herein are, as follows: That...

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