Ramon Soriano v. Francisco Enriquez

Summary

This 1913 Supreme Court case established the important principle that mortgage interest cannot be collected separately when the principal debt action has prescribed under the statute of limitations. Plaintiff Soriano sought to recover mortgage interest from 1881-1909 after a foreclosure action had already collected the principal and two years of interest. The trial court allowed partial recovery, but the Supreme Court reversed, holding that interest is merely incident to the principal debt and cannot survive independently when the main obligation has prescribed. The Court applied the fifteen-year prescription period under Civil Code Article 1964, which had expired before the 1905 foreclosure action commenced. The decision also established that all persons liable for mortgage debt must be joined as parties in foreclosure proceedings to prevent multiplicity of actions and ensure proper protection of all parties' interests.