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[65] Heirs of Clemente Ermac v. Heirs of Vicente Ermac, 451 Phil. 368, 377 (2003).
[66] New Regent Sources, Inc. v. Tanjuatco, Jr., supra.
[67] Decision, p. 6; records, p. 649.
[68] Esguerra v. Manantan, G.R. No. 158328, February 23, 2007, 516 SCRA 561,
572-573.
[69] Section 7 (c), Rules and Regulations Implementing Republic Act No. 8371,
otherwise known as "The Indigenous People's Rights Act of 1997."
[70] Heirs of Clemente Ermac v. Heirs of Vicente Ermac, supra note 64 at 377;
Amoroso v. Alegre, Jr., G.R. No. 142766, June 15, 2007, 524 SCRA 641, 653-655;
Development Bank of the Philippines v. Court of Appeals, 387 Phil. 283, 295 (2000);
Heirs of De Guzman Tuazon v. Court of Appeals, 465 Phil. 114, 126 (2004); Heirs of
Dela Cruz v. Court of Appeals, 358 Phil. 652, 660-661 (1998).
[71] Garcia v. Court of Appeals, 371 Phil. 107, 118 (1999); Spouses Rosario v. Court
of Appeals, 369 Phil 729, 748 (1999); Heirs of De Guzman Tuazon v. Court of
Appeals, supra.
[72] Heirs of De Guzman Tuazon v. Court of Appeals, supra note 70 at 126-127.
[73] Heirs of Dela Cruz v. Court of Appeals, supra note 70.
[74] "The Land Registration Act as well as the Cadastral Act protects only the holders
of a title in good faith and does not permit its provisions to be used as a shield for
the commission of fraud, or that one should enrich himself at the expense of
another. The above-stated Acts do not give anybody, who resorts to the provisions
thereof, a better title than he really and lawfully has. If he happened to obtain it by
mistake or to secure, to the prejudice of his neighbor, more land than he really
owns, with or without bad faith on his part, the certificate of title, which may have
been issued to him under the circumstances, may and should be cancelled or
corrected." Angeles v. Samia, 66 Phil. 444, 449 (1938). Citations omitted.
The Rules and Regulations Implementing the IPRA Law likewise provides for
cancellation of illegally acquired titles and reconveyance to the rightful ICCs/IPs
(Section 9, Part I, Rule VIII).
[75] "An accion de reivindicatoria x x x is a suit to recover possession of a parcel of
land as an element of ownership. It is an action whereby the plaintiff alleges
ownership over a parcel of land and seeks recovery of its full possession. The
judgment in such a case determines the ownership of the property and the awards
the possession of the property to the lawful owner." Amoroso v. Alegre, Jr., supra
note 70 at 653.
[76] City of Caloocan v. Court of Appeals, G.R. No. 145004, May 3, 2006, 489 SCRA
45, 55-56.
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