[SEC-SICD * CASE NO. 07-97-5687. March 9, 2000.]
VlCTOR AFRICA, petitioner, vs. MELQUIADES GUTIERREZ, et al., respondents.
D E C I S I O N
Before Us is a verified complaint for inspection with application for a preliminary mandatory injunction, praying:
WHEREFORE, it is respectfully prayed by herein Complainant, that this Honorable Commission:
a. ISSUE a Preliminary Mandatory Injunction addressed to Respondents and to their agents/representatives such that Complainant is not hindered from conducting the inspection he has advised in his letter of June 9 and 19, 1997;
b. After hearing, MAKE the Injunction final.
c. IMPOSE sanctions on Respondent and his agents/representatives (as well as their other participants/collaborators/counsel) in the refusal/denial of the inspection by Complainant, including but not limited to an Order thereto to pay Complainant:
i. P510,000.00 for and as actual damages;
ii. P1,000,000.00 for and as moral damages;
iii. P2,000,000.00 for and as exemplary damages.
Other just and equitable relief are also prayed for." 1
A Motion to Dismiss with Opposition to Application for a Preliminary Mandatory Injunction was filed by the respondents on July 9, 1997. Said Motion was...
