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    Pactum Commissorium, not apply in equitable mortgage. Remedy of mortgagee.   Applying the principle of
    pactum commissorium specifically to equitable mortgages, in Montevergin v. CA, the Court enunciated that
    the consolidation of ownership in the person of the mortgagee in equity, merely upon failure of the mortgagor
    in equity to pay the obligation, would amount to a pactum commissorium. The Court further articulated that an
    action for consolidation of ownership is an inappropriate remedy on the part of the mortgagee in equity. The
    only proper remedy is to cause the foreclosure of the mortgage in equity. And if the mortgagee in equity
    desires to obtain title to the mortgaged property, the mortgagee in equity may buy it at the foreclosure
    sale. (BRIONES-VASQUEZ vs. COURT OF APPEALS et al., G.R. No. 144882, February 4, 2005)

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  EO 52, PD 46, PD 1602, PD 1613, RA 7796, RA 7844, RA 7975, RA 8369, RA 8533, RA 8552, RA 8559, RA 8560, RA 8791, RA 9225, RA 9255,
  AO 01, s. 2002 (PHILCOA), RA 8048

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