University of the Cordilleras College of Arts and Sciences Political Science Department

The Effectivity of Pochon System in Conflict Resolution in Tongrayan, Kalinga

In partial fulfillment of the requirement for the subject Political Science 116

Prepared by: Mae Grace K. Bulayo Ashley E. Kanong-kong Miracquel P. Puyoc Angelica L. Raras Grace S. Sequerra

Prepared for: Mr. Ferdinand Lawan

CHAPTER 1 INTRODUCTION It is obvious that conflict is a natural phenomenon in human society except that the approach to its perceptiveness, nature and management varied from society to society. Even the pattern and phases of conflict vary from community to community. Philippines is one of the oldest democratic states in Asia. Democracy as a form of government guarantees certain rights to the people. These rights should be enjoyed by all citizens. Some of the basic rights of the citizens are the rights to life, liberty, property and the pursuit of happiness. These are the primary rights which permeate the civil, political, social, economic and moral life of the people. However, the real meaning of democracy in the province of Kalinga is sometimes taken for granted. Some people execute democracy in the negative way. They commit crimes which obviously resulted to conflicts among their community. At times that some of the cases were brought to court, several years were counted before they were solved or even not at all. It is for this reason that those affected seek for the help of other people or organizations whom they believed and trust to assist them in their quest for peace and justice. They ought to do this in order to normalize their lives after some traumatic experiences they and their families and friends suffered from and as well to maintain harmonious relationship within the community or society that they belong. They seek for assistance in these organizations can, in one way or another, lessen if not totally stop crimes committed taking into account the conditions being agreed upon. The people of Tongrayan tribe in Kalinga who are the focus of these research are examples to this, they believe that peace and justice could easily be obtained through organizations in their own communities in charge of peace pacts whom they think can give immediate attention and justice in order to restore and maintain the peaceful relationships they were used to with their other indigenous brothers. A recent history breaker news was published online by Philstar, dated May 23 of this year, wherein Philippine Army troopers formally sought the intervention of the indigenous justice system called Bodong in seeking redress over killing of two soldiers, who happened to be residents of Kalinga,

escorting precinct count optical scan (PCOS) machines by New People's Army rebels last May 9 (Dumlao, 2013). The aforementioned news only shows that the tribal justice system among tribes in one of the municipalities of Kalinga in particular and in the Cordillera Region is highly recognized and respected even by those who are not a member of any tribes in the region or the country. Certainly each continent of the world had its peculiar way of handling conflict. In this respect, the indigenous Kalinga society have evolved spectacular mode of conflict resolution. The art of conflict resolution emanated from the cultural heritage of Kalinga. This art was bequeathed to them by their forebears who originated the Pochon or Bodong System. Conflict had been prevalent in tribal society and had often had its origin in many aspects of their cultural life. It is significant to note from the onset that the derivatives of conflict in traditional tribal societies were germane to the cultural activities of the people. Hence, peace and conflict are indices of culture allied to governance and social engineering in indigenous society. Thus, conflict derived from diverse sources in tribal societies. These included the family, economy, chieftaincy, social and religion as well as breakdown of deplumation relations and personal annoyance over behavioral pattern. The nature of the mechanism for resolving conflicts in tribal societies such a crucial point of peculiarity anchored on cultural heritage. The researchers would like to present a review of related literature that serve as their basis and guide in the conduct of this study. The Cordilleras is home to a significant number of indigenous tribes of Luzon. In these highland areas, there are tribes that continue to practice a centuries-old tradition called bodong or pochon or peace pact. While other tribes have no history of bodong and others have long ceased to practice the pochon, in three provinces Abra, Mountain Province and Kalinga it persists and governs the peoples way of life. Bodong is a respected institution in the mainstream of the government as an indigenous technical panel that caters conflict management in a wide range capacity resulting to a peace accord in the Cordillera.

Domingo (2007) in his article entitled KASAPULAN PAY LAENG TI KALINGA TI BODONG (Kalinga Needs Bodong) wrote his observation from sustainability of peace and order, Bodong is supporting development of confidence and self-reliance for economic growth and development (Manipud iti pannakataming ti urnos ken talna, itandudo payen ti bodong ti pannakparegta ti panagtalek dagiti lumugar iti kabaelanda a rumang-ay). The Pochon is inextricably linked to the indigenous concept of domain or Fukia/Bugis/Akis. Domain in the indigenous sense refers not only to the land but is all-inclusive and encompassing land, trees, forests, rivers, animals, birds, air, minerals, and people. The Pochon refers to the bilateral agreement of two tribes that embrace provisions on persons, territory, property, etc. Pochon defines the relationship of a tribe and its domain with another tribe. It is mutually binding law that governs the relationship of two tribes with each other. Sugguiyao defines bodong as aimed at achieving triple purpose to enhance economic stability, promote social securityand preservation of a cultural heritage that bespeak of a distinctive ethnic identity. The bodong is some sort of a miniature pact or treaty of inter-village relationship sustained by long years of traditional practice and conventions. (Kalinga Hill Tribe, by Miguel Sugguiyao, Chapter 3, pp. 47-48) Its practice pre-dates the arrival of the Spanish conquistadors and the American occupation by no less than 100 years. The imposition of new concepts and structures of governance have not eradicated the practice of the bodong. In most cases, the bodong system remains the dominant mode of settling conflict between tribes and determinant of intertribal relationships. The indigenous ways of building a culture of peace talks about pochon or podon as the main conflict resolution in kalinga since in this is their indigenous way of peace building. The conflict resolution among the Kalingas has many similarities to the mediation process, however, unlike mediation, pochon is a process accompanied by symbols and rituals, in which those were deeply embedded in the culture and strongly anchored in the spiritual world. The bodong is analogous to the international treaties that have provisions, constitutions, and by-laws, that include

territory, people and government which are governed by the terms and conditions of the "bodong". The provisions also include the following: care, assistance, protection, as well as imposing penalty on cases of violation of these provisions. The "bodong" protects people and visitors from both tribes. The system has an oral constitution and bylaws which is called "pagta". When a problem arises, the leaders of both tribes would convene and would recall the "pagta's" oral provisions relative to the case at bar; and then and there, solve the existing problem. The Tongrayan tribe in Tinglayan, Kalinga observed and practices the Pochon system in settling conflicts within their tribe. Tongrayan tribe is settled in the municipality of Tinglayan; three hours ride from the capital town of Tabuk, Kalinga. Eight tribes are within the political boundaries of Tinglayan Butbut, Basao, Sumadel, Bangad, Mallango, Tongrayan, Dananao, and Tulgao. The Tongrayan tribe inhabits 10 settlements Tongray (Old Tinglayan), Luplupa, Ambato-Legleg, Loblofon (Poblacion), Charag, Changlis, Moyomoy, Funug, Mallinawa and Bado-Dangwa. The last two settlements are new expansion areas within the jurisdiction of Tabuk. The Tongrayan tribe has a total population of more or less four thousand with almost even number of male and female members. The Tongrayan tribe has seventy-one (71) bilateral relationships with the different tribes of the Province of Abra, Mountain Province and the Province of Kalinga. The Tongrayan tribe is surrounded by the akis of the tribes of Bangad, Sumadel, Dananao, Tulgao, Butbut, and Basao, all in Tinglayan municipality. Dacalan and Lubo tribes in Tanudan municipality. The pochon system is a means to refine an affiliation, a mode of arbitrary reconciliation. However, its failure do not only damage an established relationship founded a century or decade ago but a painful possibility that can happen is the waste of many lives. Year 1991 when one of the goriest and longest intertribal war was experienced by the Tongrayan tribe. The battle lasted for almost two years inflicting lot of damage, devastation and painful memorable event that happen. Defy by territorial dispute, the tongrayan and Bangad, a neighboring tribe with at least a hundred kilometer away from Tongrayan, had taken arms to prove to one another what each party are worth of preserving. Without taking precaution on what their action will make on history and on the future their children would face, the chaos did they pursue to consummate.

It was nonetheless not bloody at first, not when one who belongs in the tribe of Bangad in the person of Abfakan, who was in patrol of his rice field which is situated near the boundary of Tongrayan, takes the issue personally and without mercy assassinates Omang of Ambato, Tongarayan, leaving no indication of human sanity. Like when a pig is butchered, Omangs corpse does not look pleasant lying on his casket; his body part is separate and disarranged. This event had protracted the dispute. Both tribe no longer respect any previous stipulation and agreement, pochon did not go well. The tongrayan people go withered and deaf of any mediation. Life has been taken and so let blood be the payment. The war did not fade on its climax. The tongrayan tribe, infuriated on what happen to Omang, waited on the usual route the Bangad passenger jeep always takes in order to reach Bontoc and made a round trip to Bangad. The strategic location of tongrayan, knowing that the route passed through their place, made it easy for the tongrayan people to carry out their planned revenge. Evening had arrive and so the Bangad jeep. With the collective effort of fifty tongrayanoes, tragic deaths of twenty people from Bangad were accomplished. This was made possible when the jeep was forcibly dropped down into the river which is lying a kilometer below the road. It takes many lives and months to polish the tarnished relationship between the two tribes. With lot of meeting held, lot of pig butchered for hopeful agreement, and lot of compromise is made by elders to settle the unwanted event. The pochon might not been successful at first but nothing could make it work than effort and perseverance. With the love for peace and concerned for people, pochon is not only a means for amicable settlement, but a court that will serve verdict and acquittal when things do go well. The bodong is technically a bilateral covenant between and among tribal groups with the villages or tribes enfolded into the bodong community (called the binodngan). The binodngan is thus covered by the benefits and privilege, among which is protection under the bodongs paternal authority. The codified and published Pagta or the law of the Bodong (literally translated peace covenant or pact) is Kalingas number one cultural and historical contribution to the countrys National Cultural Treasure. The pagta is actually the Constitution and By-Laws of the Bodong. It is a code or covenant adopted by a collective decision of tribal councils

convened for the purpose of warming up tribal relations and to discuss amendatory proposals of existing pagta. It also invests full authority on the bodong (the institution) to administer, supervise, and implement the pagta for and within the binodngan. The pagta was an unwritten rule of law since the Bodong came into existence. Its provisions were handed down to the generations by word of mouth. It could be said that although it is evident from modifications in the old codal provisions vis-vis some codal items in the written paga there were few alterations or amendments made on the unwritten provisions of the Pagta up to its written version. Measuring the aid bodong could lend in terms of settling disputes, many do still has a keen eye on the irregularities of the system. In the 1960s there were calls for the scrapping of the Bodong through Congress. The idea was assailed by Bodong practitioners as unfair and unconstitutional because one cannot just legislate out of existence an existing customary law embedded in the arts, culture and existence of a cultural community. It was also held that the Bodong is an implacable part of the life of those practicing the art of primitive governance which cannot, by legislative fiat, be blotted out of existence. The conflict thus extended on the constitutionality of the system itself. During the advent of the EDSA Revolution, a Kalinga Deputy Governor pressed for the bodongs decapitation, reasoning out that it was an unproductive exercise of governance alongside the laws of the State in our country. Even among ethnic Kalingas, there are elders and professionals and tribal leaders who are being won over to the side of bodong abolitionists (http://theclamorofkalinga.blogspot.com/2008/03/bodong-peacepact.html). They view the bodong as anachronistic and that its practice should give way to the full authority of our existing State Laws. discontentments over the lopsided application of pagta in tribal conflicts had been felt especially along the imposition of penalties and indemnities. The Bodong community in Kalinga has been divided with the valley group embodying Tanudan,Pinokpok and Tabuk, the identified group who persist on the abolition of the system and belief on the appropriateness of amicable settlement and the kawitan (rooster) group, apparently for their overbearing posture in dealing with tribal conflicts. This group is represented in the tribal communities of Upper Kalinga the municipalities of Tanudan, Tinglayan, Lubuagan, and Pasil.

Previous studies stated that there were also intervening factors in the implementation and effectiveness of Pochon system. Such factors considered were religion, commerce, politics, migration, technology, intermarriages, education, the passage of Indigenous Peoples Rights Act (IPRA), and the perceptible changes in Pochon but it is not clearly discussed how these factors affect the effectivity of Pochon or Bodong system. Thus, this study nevertheless is not only concern on the efficacy but more so on the acceptability and recognition of the system within a specific tribe located in one of the municipality in Kalinga. The Tongrayan tribe in-housed within the municipality of Tinglayan according to previous study still adhere on the retaliating principle of bodong excerpted on the Hammurabi code, the an eye-for-an-eye-and-tooth-for-a- tooth practice. And filled with the courage for in-depth study, the researchers do hope that in relation with the main goal of this research, the Tongrayan people would not profess different comeback poles apart on the recorded of their level of reception. The study had the following objectives: 1. To measure the level of Pochons effectiveness in conflict resolutions among Tongrayan tribe 2. To describe the procedures followed by the Pochons system in settling disputes 3. To determine the problem encountered in settling disputes of Pochon system 4. To identify the remedies if the Pochon system fails to settle the conflicts 5. To determine the common disputes being resolve in Pochon system 6. To assess the extent of acceptability of Tongrayan people to the Pochon system Hence, the primordial purpose of this study is to provide a balanced knowledge and information about conflict resolution through indigenous means not only to the students but also to those people who are not really aware to this kind of judicial system. This study is significant because it will provide the facts about the existing behaviors of Tongrayan tribe members towards the Pochon system in their society.

Apart from contributing to the knowledge, this research will also provide a basis for policy making towards resolving and managing communal (ethnic and chieftaincy) conflicts. Furthermore, this study will serve as a future reference for future studies of the same nature. Future researchers will benefit from this study, and it will provide them the facts needed to compare their study during their respective time and usability.