Stronghold Insurance Company v Cuenca GR NO.

173297 March 6, 2013

Facts:

Maraon filed a complaint against Cuena for the collection of a sum of money. On the
basis of writ of preliminary attachment, the sheriff levied upon personal property
belonging to Arc Cuisine,Inc., wherein Cuenca is a stockholder. Cuenca moved for the
quashal of the writ and questioned the attachment of corporate property.

Issue:

Whether Cuenca is the real party in interest in assailing the levy upon corporate
property

Held:

No. The levied properties belonged to Arc Cuisine, Inc. and not to Cuenca personally.
They are only stockholders of ACI, which has a personality separate and distinct from
any and all stockholders. As such, they lacked legal personality to claim damages from
the levy of ACIs properties.

Case History:

RTC- issued the writ of preliminary attachment.

Denied the Motion to Dismiss and to Quash Writ of Preliminary Attachment

CA- affirmed the decision of RTC..