CHAPTER III

LAWS AND JUSTICE SYSTEM

INTRODUCTION

Indigenous laws and justice system are two components that operate back-to-back with each
other. Long before colonization and establishment of formal governance, Indigenous Peoples of the
Philippines such as the Ifugaos had been governed by their customary laws and justice systems. Each
ethno-linguistic group may have distinct term but not so different in concept and application. These laws
and justice system have the end purpose of achieving reconciliation, just compensation and
indemnification of damages to the aggrieved party at the same time, the severe penalty for a crime or
violation, without just cause or any act of abuse, instilled self-discipline, and the respect fear of bringing
shame and disgrace to the honor of a person and his family. In the same way, the enforcement of justice
is spiritually rooted, such that during settlement of conflicts or serious cases, each party performs rituals
and invoke the intervention of the gods and deities that decisions may be rendered in their favor. Oral as
they may have transmitted from one generation to another, the strict adherence, observance and
obedience by members of the tribe to the requirements was more than a written instrument that
command loyalty and integrity.

In the modern concept, enacted and instituted laws affirm the legal strength or force of
indigenous laws and justice systems especially in the domains of Indigenous Peoples of the Philippines.
R.A. No 8371 or the Indigenous Peoples Republic Act (PRA). as discussed in the previous chapter,
recognizes the protection of customary laws as one essential right of indigenous peoples. However, the
full exercise of such rights can only be achieved if every indigenous person, for whom this law protects, is
knowledgeable and well informed.

The succeeding discussions present the elements of Ifugao, customary laws and justice system in
details in order that learners may be informed, educated and have better understanding and
appreciation. (Salvador, 2000)

I. LAWS

Background

- The indigenous peoples of the Ifugao have kept, practiced and transferred their customs
laws as well as other indigenous knowledge and practices from generation to generation mainly
through word of mouth. The Ifugaos have no form of writing. They have no formal political
government and therefore no constitutional or statutory laws in as much as they have no courts
or judges, hence, there is no law based on judicial decisions. The Ifugao laws has two sources of
origin: First is the taboo or paniyo which means bad, evil, or dirty (which is essentially religious)
since it appears conjointly in (a) transferal of property;(b) ordeals; (c)certain taboos; (d) payment
fines; (e) peace-making. Second is the customary law which has a greater frequency of
application since it embraces laws on property, water rights, and to a great extent, family law
and procedure.The Ifugao states that a large part of customary law and procedure was given to
them by Lidum,their great teacher, deity of the Skyworld, and an uncle of their hero-ancestor,
Balitok.
 The Ifugao have the unwritten laws that constitute the family law, property law and penal law.
This unwritten law together with religious customs and traditions were strictly observed. These laws
helped them manage their affairs as a community particularly in the maintenance of peace and
order even before the coming of the Spaniards. ( Pagada 2008).

Ifugao prohibited acts and conduct (taboos or paniyo)

1. To steal; to burn or destroy the property of another; to insult or destroy the name of another; to
cause the death or injury of another by sorcery or witchcraft.
2. To look fixedly at the women’s breast or hips, to speak or talk to in dormitory of the unmarried,
to mention love affairs to sound the breaking of wind; to talk on matters connected with sex,
parts of the body.
3. To intentionally touch any part of the body of a married woman. This act is forbidden. It is also
forbidden for a man to enter a house where a married woman is alone and vice-versa;
4. To collect a debt when the debtor has somebody sick in his family or when there is death or even
just right after the burial;
5. To kill children or women. A person who plans to kill his enemy postpones his intention for
another day when the enemy is with a child or a woman.
6. To displease a pregnant woman who is asking for something. In case none, give something even
if it is a small thing;
7. It is forbidden to marry a nearest kin. Marriage is allowed only to 4° or 5° cousin.
8. To enter or walk in the field especially when it is declared a holiday like in the day of tikob
whereby the two the panicles of rice are cut and brought home to be offered to the gods by the
priest in a ritual called hanglag. The native priest coils the two panicles of rice in the pun-amhan,
the altar of the Ifugao when baki is performed. On that day, nobody goes to work. It is taboo for
other people to enter into their territory;
9. To assist a very sick person for his toilet needs in Mayoyao is either the spouse or a relative of
the same gender only. Even a parent of the opposite sex is not allowed to do so; ande
10. To pass along the bundles of rice spread for drying specially if one is carrying bundles of rice on
his shoulders. He/ she has to find another way or he leaves the load before passing. He can come
back for it when the owner of the rice in the yard has finally stored his rice in the granary called
alang or in the attic called pfalug in the Mayoyao native house.

Other taboos:

1. The brothers, sisters and cousins of opposite sexes must never sleep under the same roof nor sit
on the same bench. They must never touch one another.
2. The words taim, pulong (anus) or any other word pertaining to sex may not be mentioned in the
presence of both brothers and sisters or among cousins of opposite sexes. It is said that such
talk will destroy the relationship.
3. To eat fish, shells or anything taken from the rice fields from the time plants blossom and prior
to the celebration of the bakle, rice cakes harvest
4. After the performance of a sacrificial offering in the granary the members of the family and the
priest performing the baki may not eat fish nor go out to fields otherwise, the sacrifice will be
worthless.
 5. The members of the family, the widow or widower. brothers and sisters but children and
relatives who are not considered a brother or sister like aunts, uncles, grandparents may eat
meat called dangli from the sacrificial offering during the death and burial rites.
6. Fish may not be eaten together with the meat that comes from a sacrificial offering;
7. Children must walk ahead of elders when walking together. Children are given a protected
place.
8. Elders should not stand ahead of children after the meal. If an elder finishes ahead and must
stand, he or she should request the youngsters to make just a motion of standing before he or
she stands.
9. Elders should never walk across youngsters especially if the elder is a widow or widower. They
may never step across even their feet.
10. No one may visit the mother and baby just after delivery until the among a ritual usually
performed on the third night after birth when the baby is given a name.
11. It is taboo to mention the names of the gods of evil and those of ancestors outside the
performance and the “baki" or without good reason.
12. A widow or widower should not dip his/her finger on the hands of a single or unmarried person
to get lime or apur an ingredient in chewing bettle nut, but instead ask for the lime container
called tabayag, tapfayag for him or her to get apur.

1.PROPERTY LAW

1.1. Background

It is conflicts because of the transfer of such property from generation to generation and so
some forgot their boundary or landmarks and some also would try to acquire other property of another
intentionally or unintentionally. Land dispute is a conflict that arises between landowners of muyung and
rice fields called payo as to their land marks or bad-deng/ kaltog/kowato or when one claims the
property of another or when there is a question on who actually owns such land.

The kinds of properties consist of rice land, forest land, camote field, residential land, house,
heirlooms, and homestead. These are the properties which are usually given as inheritance of a husband
and a wife form their parents. In case the couple separates due to childlessness, each of them gets
his/her own inheritance and equally divide whatever property they both acquired. The property
possessed by the family can be transferred to the next generation upon the marriage of their children.

The property brought in together by virtue of marriage by the husband/wife is called the family
property plus whatever property the couple acquired during the marriage. The property to be
apportioned as inheritance to their children upon their marriage can only be sold due to the need of the
family. The property is sold usually to the nearest kin within the same family branch or lineage especially
if the property being sold is a rice field. The nearest relatives are first consulted before selling it to other
distant relatives if none of the nearest kin can afford. At first, it will be pawn called hapal or balal and can
be redeemed. If the property is of less value and one buying is the nearest relative because said property
was once owned by descendant parents, then it entitles the buyer to a discount. The owner selling the
property has no regret for it did not go to other people but to his very own kin. Only when it is sold to
others, the seller gets the entire sale plus an additional for two of his kin, an uncounted to the sale called
dotag which means payment for the right to the owner's kin that must lapse for the property no more
belongs to them.
 A family property is sold out only when it is a necessity: to provide animals for a sacrifice for the
recovery of any family member who had been sick for a long time, to provide animals for funeral, to
provide for the payment of an exorbitant fine which may endanger the lives of the family members or
kin. If the family has a newly acquired property, it is the one to be pawned or sold. Inheritance should
not be disposed of, but the family is only forced to do after disposing other disposable property.
However, inherited properties especially rice fields are at first mortgaged which could be redeemed at
some other times so the owner will have chance when in position to pay back whatever he got to the
mortgagee. Pawning of properties is a practice among the Ifugaos in the districts in the province
(Pagada, 2008).

1.2 Sale and Purchase of Lands

Rice fields are rarely sold, if there are, it is only for good reasons: to finance a honga ritual for a
sick parent, sacrificial animals for the dead called dangli, to pay old debts or to buy things for immediate
needs where a couple is said to be mahkuk and has no other option.

When a couple decides to sell a rice field, they must engage the services of go-between called
munliwa, munpfa-er, lagbu, one who is known to be honest, reliable and of good standing in the
community. They give him instructions as to price, terms of payment, and other conditions. He must
then find a buyer. He must first approach the relatives of the couple in the order of their closeness as
kinsmen for their chance to buy the field. If no one in the clan can afford to buy the field, the go-
between can find a buyer. After finding one he conveys the seller's price and terms. The buyer may want
to give the payment in full or give a partial payment and pay the rest in staggered amounts at certain
stated periods. He may also give in kind, e.g., animal blankets, gongs, rice, wine jars, depending on the
agreement reached. The go-between goes back to the seller and if the terms are agreeable to them, he
returns to the buyer for the first payment. He collects the payment periodically as per agreement. When
the payment is completed, the buyer prepares for the ibbuy ritual. (Pagad 2008).

1.3 Ibbuy or Ipfuy

After buying a rice field, or anything of value like a piece of gold (baltu) gong, rice wine jar, etc.,
the buyer calls all his relatives to an ibbuy, a feast where everyone present is expected to give something
to the seller.

The presents are in the form of cash, blankets, bolos, axes, or other tools These presents or
contributions are to be distributed to the relatives of the seller as a form of compensation or consolation
for the loss of any inherited property, which by custom should be kept within the family.

The relatives of the seller usually demand many things for the ibbuy before they recognize the
deal as final or complete. The buyer or his relatives must produce the bohboh, a pig worth from five to
ten pesos (at present, the value would be from year, thousand pesos up); the pagena, a pig equivalent in
value to the rice raised yearly from the land the field being sold; the makinlum, consisting of four little
pigs; and lastly the lanad or the final pig to terminate the deal. For the more distant relatives, they
demand implements, or the cash value of what are called gumok (bolo, axe, etc), allawin (fish or shell
container); hukup (basket for cooked rice); inadu (ladle), etc.
 The buyer must try to remember those who have given something for the ibbuy because these
so-called gifts (baddang) will have to be paid back in the future should the donor also perform a similar
occasion. These payback gifts called tungul must be paid back and a new gift added, again to be paid
back ad infinitum (Pagadi 2008).

PENAL LAW (Crimes and Penalties)

2.1 Introduction

The people of Ifugao are so obedient to their parents, elder brothers and sisters. They do not
answer back or fight their elders. They do not have the nerve to kill their parents, brothers and sisters for
they consider it as paniyo. In fact, the Ifugaos want their relationship intact and united at all cost and
must be preserved. Pure blooded Ifugao do not hurt or slay their kin. Only perverted or crazy individuals
may do this (Pagada, 2008).

The Ifugao legal procedure in the commission is conducted by and between families involve. A
murder done treacherously is punished vilely or severely. The murder of a visitor is even worst for the
murderer and his kin will face joint forces, the murdered kin and the family whose visitor was murdered
for the shame of the family called numbainan. They have to take revenge on the murderer and his kin.
The host family is obliged to take care of its visitor. Failure to do this is very shameful.

Incest rarely happens among Ifugaos. Only a few commits such shameful acts. The punishment
for such act is to force them to marry each other and out of shame, they go to live somewhere to evade
ridicule by the people.

When avenging the death of a kin against an enemy, the group doing or taking the revenge are
all responsible of the crime, not only to the leader, planner and accomplices. It is because revenge can
be done to any of the kin of the murderer. This is one reason why to commit a crime such as killing is
dangerous for every kin's life is in danger and revenge is done anytime on an individual who may be the
most loved in the family. Relatives or kin in the family usually advises one another not to do any evil act
or commit any crime for it is not only the doer who suffers the consequence of the evil act but all of
them within the clan.

The death of a loved one is hurting and painful so the member of a clan has to avenge on the
murder of his kin but not on the weak ones like women and children because it is against the Ifugao
chivalry, against human nature and against the Ifugao gods. Avenging the death of a kin is done on the
strong individuals who are worthwhile killing.

One who plans, directs or conceives a crime will be punished by death. An accomplice of the
crime has the same punishment to that of the planner as well as all their companions who assist in the
commission of the crime. Another individual who carries the same weight of the crime though he may
not have participated in the commission is the informer or montodol. Because he gave information that
led to the success accomplishment of the crime, he made himself as guilty as the others. If he is known
to have informed the criminal, he will be killed by the kin of the murdered person.
 A hidit is performed when there is a nonstop killing on either clan as a result of revenge. It is a
friendly ritual asking the gods of war to bring the two clans in peace and befriend each other so that
even though they eat together, chew betel nuts and exchange anything, they should not be punished for
they now become friends and not enemies by forgetting the past. After the hidit, they now perform the
marriage making the two warring clans friendly to one another (Pagada, 2008)

2.2 Crimes or Offenses

2.2.1. Major Crimes

The principal crimes which are of the highest degree are murder, homicide, adultery or
luktap/uktap), theft, rape, kidnapping, malicious killing of animals sorcery, arson, Incest, imputation of
crime upon an innocent person or intudu, hodong, lodong. Some others are attempted murder or longa,
moving of boundary lines, poisoning, an openly and scandalously bestowing love to a married person
called hokit and inflicting of wounds.

2.2.2 Minor Crimes

The minor crimes are insult, false accusation, slander, violation of the "tungo” inflicting of
wounds, hurting words.

2.3 Crime against Person

2.3.1 Murder or Pate

When one takes the life of another, we call it pate. This is paniyo. In Ifugao dialect it say “adi ta
pumate” which means "do not kill". It is very much known among the Ifugaos that the penalty when one
kills another person or pim-mate is paid through death. But nowadays the murderer will be imprisoned if
he acts with intent but the memory of his misdeed will remain in the mind and in the heart of every
member of the family member from generation to generation that the criminal and all his members will
suffer all the consequences of the act. Someday, in some has it has to be paid for it is a debt owed.

When it is an accidental killing, a fine called labod is executed. The fine will be paid as hinba-id
and a rice field or an amount for the deceased family sustenance or any of a decision agreed upon
between the criminal and the offended family. In the case like this, there will be no vengeance but
afterward a hidit ritual is performed between the offended party and the offender. In this way, a friendly
and good relationship is maintained.

2.3.2 Kidnapping

In case of kidnapping, a death penalty is imposed to the kidnapper or to the kin of the
kidnapper. Or kidnapping is also done to his kin in retaliation to the crime. A party of head hunting may
instead kidnap a child or a woman and sell the woman to slavery in other places. It is because a child or a
woman is never killed even if it’s a vengeance. It is taboo among the Ifugaos to kill a woman or a child. A
person convicted of a crime like that is punished by the gods. The child belongs to the weak and cannot
fight back. He has his tabtabin or guardian angel with him who may instead retaliate and cause the death
of the killer.

2.3.3. Killing a visitor or guest

The killer of a visitor has to face two forces, the kin of the murdered guest and the family whose
visitor is killed. The murderer will be haunted by these forces. It the guest is killed by accident and the
death penalty is commuted to a fine, the fine is doubled, the first half goes to the kin of the murdered
man and the second If the guest half goes to the host family.

2.3.4. Wounding

Unintentional inflicting of wound is punishable by imposing a fine of animals intended of a ritual.

If it found out that the wounding is with intention of killing, the wounded man and his kin demand for a
double punishment, a fine and animals called haliw. The animals are for sacrifice. The rank of the slain or
wounded individual has something to do with the amount being demanded. The higher the rank of the
wounded person is, the higher is the fine.

2.3.5. Attempted Murder or Longa

Attempted murder is punishable by death or a fine called longa. The fine is taken by the kin for a
feast, but death penalty is imposed if fine is not given.

2.3.6. Rape

The commission of the crime of rape in Ifugao is highly penalized. A boy who rapes is sometimes
forced to marry the girl he raped if he is not killed nor fined. In case rape is done to a married woman,
the rapist, if not killed, pays a fine in accordance to the demand of the husband and kin and another fine
called akang in accordance to the demand of the woman's kin called numbainan. The amount paid to
the husband of the woman is very high or else the rapist will be killed by the husband and kin. The fine
given, the kin of the woman maybe equal to or more than what is given to the husband of the raped
woman. The raping of someone is usually penalized by death for it is a great insult and a shame to the
family.

A married man who rapes a married woman pays three times the fine paid by an unmarried
rapist. The first demanded fine goes to the husband as akang, and the second fine goes to the kin of the
raped woman a numbainan, the third goes to the kin of the wife of the rapist as luktap. This is so when
death penalty not demanded for the serious offense done on a married woman. Usually, the rapist has
to be killed and the husband of the raped woman who killed the rapist is being praised for liberating
himself from shame and the serious insult done to him and his family.

The rapist of an unmarried woman can be absolved from his crime by marrying the woman. But
the kin of the woman enforce a fine if they do not like the man or take his life in answer to the offense
he did especially if the woman doesn't like the man. (Pagada, 2008).
2.4. Crimes against Property

2.4.1. Theft or a-koh

Theft is the taking of another person's property with the intention of keeping such property as
his own or with intent to gain. This is the most hideous and shameful crime to commit. The stolen thing
must be returned or its times the equivalent value plus fine times the value of the stolen thing and a fee
to the go-between or mun-alun. If the person is very poor, he has to pay twice the value and a fee to the
mun-alun. The thief caught discovered in the act is likely to be punished by death or taken as a prisoner
until his kin pay the fine asked. The fine is called hulul which is the ransom of the prisoner, a pig and
chickens for a feast called honga.

If the guilt is denied, then he is challenged to trial by ordeal: da-u, hadda-an, bultung or uggub.
The trial by ordeal is employed when nobody knows or has seen who did the act.

2.4.2. Arson or hinggab

Arson in Ifugao is the burning of the native house, muyung and other property of another
resident. The arsonist in Ifugao is punishable by death which is rarely implemented. Punishment is
generally a fine of two granaries full of rice, and animals for a feast. But arson is rare. Some houses were
burned but found to be accidental with no traces of the arsonist. In case the arsonist cannot pay, a
member of his family be kidnapped and sold into slavery. The penalty may also depend upon the rank of
the injured family.

Children caught setting fire were forgiven but a man is penalized either by death or fine.

3. Crimes against Chastity

3.1. Incest

Incest is a rare crime among Ifugaos. In fact, the Ifugao people are strict in terms of morality.
Mention of sexual parts in the presence of both opposite sexes prohibited degrees. One of several
thousands of the Ifugaos is a pervert. It causes insanity and shame if the other party learns who demand
penalty if not death for the criminal.

3. 2. Adultery

A married man with an illicit relationship with another married woman is called by the Ifugaos as
"luktap". Luktap is punishable by either death or fine, double of the usual. The husband of the adulteress
consults his kin for a better decision.

The "hokwit" or "hohwit" is the crime committed by the adulterers against their spouses and
children and those of their illicit partners. Both are guilty of two crimes "luktap" "hokwit" and can to be
punished with either death or fine.
3.3. Slander or Defamation or baag

It is the uttering of statement which destroys a person’s honor and prestige. Ifugaos always
punish anybody uttering destructive or derogatory statements against another. A go-between is sent to
demand a fine of few animals for a feast to make peace with the promise not to do it anymore. The fine,
if small, is called upup (to cover the mouth) intended to stop the derogatory gossips from escalating in
the community, and to show to the people that the uttered defamatory words are not true.

3.4. Labu

Uttering vulgar language to opposite sex in public or in the presence of his/ her kin within the
forbidden degrees is called labu. It is the breaking of taboos like mentioning sex organs as tilim, ta-im
and touching the breast of a woman, etc. Acts and insulting language most often lead to fighting and
killing.

3.5. False accusation

It is the imputation of falsehood against a person. The person falsely accused will confront the
accuser or send a go-between to demand. If accuser resists, he is challenged to an ordeal or a fight. A
tactful or witty go-between can convince the accuser to give what is demanded especially so if his
accusation is false.

4. Penalty

The Ifugaos enforce death or awit, fine, as a way of disciplining or punishing any criminal against
any individual in the community. The death or fines are executed by the offended individual and his kin
or relatives. Often the kins alone can do the execution of punishment because the offended is still in the
state of wrath. They risk their lives in inflicting and executing the punishment, but they have to do it or
else their clan will be dishonored or disgraced. If the penalty is fine only, the kin help in paying the
offended party to save the life of the offender.

The people have ways of calculating fines, example; hinba-id or hinbakid is a fine of tens
commensurate to the number of animals to be slaughtered in an imbayah; na-onom-a fine of sixes;
nalimma - a fine of fives; natullu - a fine of three; nundulpig or nunbadi - a fine of twos; naoha - a fine of
one. Penalties go down depending on the rank of the offended person who gets the fine. These are
accounted into units to base, lawin or natuwinan, nunbadi, naoha and another kind of fine called labod
which means to handle all the expenses whatsoever.

Relationships among the Ifugaos whether by blood or affinity has a great influence or role when
fines are imposed to punish a criminal or an offender. Due to kinship, the penalty being imposed become
less. It is because two parents, the father and the mother from whom either may be related to the
offender. In this way a heavy penalty become less.
 If the offense is minor, the tendency is to forgive. However, five chickens demanded for a feast to
cover or appease called opop or upup. It is because kinship has to be preserved at all cost and for good
neighborliness.

In Kiangan district, they name the different units pu-u-base which is the biggest part of a fine to
be taken by the injured or offended. The second unit is called haynub, which is a little bit lesser than the
pu-u, being taken by the go-between who is usually a kin to the offended person. The third unit is called
natuwinan, the fourth unit is what they call natuku and the fifth unit is called numbadi which is of two
pieces and the last is “naoha”. These units are from the highest to the lowest to which are taken by the
kin of the offended person. In case the go between who has chosen to negotiate cannot get what is
demanded, he goes back to tell whatever bargain the offender asks. That if he does not agree, the go-
between will be sent again to try to convince the offender using all his wits until the offender agrees to
what is demanded of him. If he does not, the kin will with the go-between very much prepared for a war
between the two families.

In Banaue districts of ancient times when iron was scarce and expensive, it has a great value that
it was accounted and used to fill up what is lacking in the number of pigs given out as a fine. The hinba-
id is made up of 10 to 15 pigs. The missing fine may be paid with death blankets, spears, bolos and axes
to complete 15. Sometimes a rice field is sold or given as a fine. The hudngor or middle class have lesser
and the poor still demand the feast, for it depends on how much they are worth in life. The fine is called
nunhaliwan. They slaughter all the pigs for the people, relatives and neighbors.

The offended person and the family members do not eat the meat slaughtered as fine. If they
do, it is believed that the offense is repeated or perpetuated. It should stop is bad or evil called paniyo.
For a fine that is ill favored and enjoyed by the offender, it is likely that the offense will happen again. It is
part of god's trial on human beings. Evil acts become worse the curse will occur from generation to
generation (Pagada, 2008)

6. Fine as a penalty

The amount of fine called haliw depends on the rank or standing in the community of the
injured or offended person. If he belongs to the very rich called ngolangol, the highest penalty is
demanded of two or duwanbakid which may reach twenty pigs or the equivalent of a rice field worth
twenty pigs called munduwalpuhan.

The penalty to be demanded by the kadangyan is a fine called hinbakid, that is ten pigs which
may be lessened to eight or even six which also depends upon the mitigating or aggravating
circumstances presented. The fine demanded by the middle class of people is five to six pigs. To the
poor, a fine is two or three pigs which could be lessened due to the mitigating circumstances considered
like relationship for the upup.

The people called nawotwot have two concepts. One is that, once a person is born from a poor
family, he/she carries the identity of being poor even if by luck or hardwork and education has become
materially rich. The other is that, a person may not necessarily be so poor for some come from wealthy
families but because they were the last born they do not have inheritance. They are still considered rich
but they have to strive hard to survive acquire wealth with the help of older siblings who may have the
lion share of inheritance (Pagada, 2008).

7. Gibu

Gibu means a fine or indemnity to the offended party in any punishable act. It may be in the
form of cash, gold, beads, blankets and animals. The value of the gibu depends on the gravity of the
offense and the social status of the aggrieved family.

The gibu is also paid to the victims as indemnity and peace offering by those who are defeated in
any of the trials by ordeal. The gibu is also demanded on a man or his family if he violates marriage vows
by committing adultery. The offending man has to give gibu to the family of the offended spouse.
Sometimes, too, the family of the wife of the offending man may also demand gibu from the
wofe/woman with whom the act was committed. So, in this case, the offended wife and the offended
husband of the of the offending wife may demand gibu to the unfaithful wife. It is also demanded of a
man who wants to marry a widow of some substance. The relatives of the dead man demand this. The
prospective husband must give one carabao or one pig and meet smaller demands. All Members of the
family of the deceased man will gather to feast on the animal given as gibu. Everyone is advised by the
family leader that they are to bear no grudge against the widow's new husband (Pagada, 2008).

II. JUSTICE SYSTEM

Background

The Ifugao Justice system doesn't have a formal structure like what we have today namely the
law enforcement, prosecution, court and correction but they have indigenous ways and practices
observed to settle conflicts or disputes among themselves. Even though the Ifugao strictly adhere to
their customs and traditions, acts that deviate from the norms of the society can't be absent in such
community or tribe hence, the existence of the indigenous justice system. With the enactment of the
"Katarungang Pambarangay Law", it reinforced the use of the indigenous justice system except those
that are considered to be inhumane form punishment as a way of attaining justice. The said law created
the Lupong Tagapamayapa and Lupon Tagapagkasundo who will take charge in solving the conflict
between members of the community at present using the indigenous ways of settling the disputes. The
use of indigenous justice system is further inforced with the enactment the Indigenous Peoples Rights
Acts of 1997 (R.A. 8371) sating therein that "ICCs/ Ips shall have the right to use their own commonly
accepted justice system, conflict resolution institution, peace building processes or mechanisms and
other customary laws and practices within and their respective communities and as may be compatible
with the national legal system and with internationally recognized human rights”

2.1 Processes of Settling Land Disputes and Crime against person

2.1.1. Land Dispute

When land disputes arise between both parties, they consult the nanomnoman or elders for
them to help settle the dispute amicably. Usually, they dig into the genealogy of both parties to
determine the right owner if the issue is about land ownership. If the dispute is about boundary,
witnesses are called to testify according to their knowledge of truth. When the land is bought and is on
dispute, the witnesses or the go-between is called specially those who received the hag-bu/lagbu. A
hag-bu/lagbu is any property or material given to the go-between or witnesess.

The settling of land dispute is done through the intervention of the elder called munkalun or
mon-alon who acts as an adjudicator. Both parties consult a mon-alon like the nanomnoman. They are
the elders with natural intelligence and with strong sense of fairness. They are respected in the
communities and when they speak. The people will listento them. The mon- alon(s) of parties investigate
and consult relatives, other elders and witnesses before they arrive to a settlement. This can take several
days.

The mon alon(s) would always work out for the good or satisfaction of both parties. But if any or
both parties are not amenable to the suggested settlement made by the elders then they are free to
resort to trial by ordeal.

The old men and wise people play a great role in settling cases especially when it concerns fines,
disputes on boundary lines, ownership of the pieces of land and others (Pagada, 2008).

2.1.2. Crimes against person, property and chastity

The defendant and the accused usually consult the old folks or wise men called am-ama or
namomnoman to intervene in settling the disputes preferably in the presence of both parties. However,
both should agree in the decision made by the lalakai on how to settle such dispute. Meetings may be
done several times until a final decision is made and the case is settled. If still unsettled, the customary
practice called the trial by ordeal such as da-u, ug-gub, bultung, etc. may be done

2.1.3. Circumstances affecting the penalty imposed

2.1.3.1. Some Mitigating Circumstances

2.1.3.1a. Confession and acceptance of guilt or inagamid

If the offender confessed and accepted his guilt by repenting and showing of remorse, then a
lesser penalty is imposed upon him.

2.1.3.1b. Drunkenness

A person who is drunk is not in his full sanity during the commission of the crime. However, he
should show repentance before the punishment is set and a go-between is not yet sent.

2.1.3.1c. Accidental or unintentional or naloktat

If the crime is committed without the intention to inflict damage or injury then it is considered
as a mitigating circumstance.

2.1.3.1d. Kinship

Kinship is a strong mitigating circumstance as often to excuse crime altogether. The crimes of
one brother or sister against another are not punished in as much as the authority to hear and try the
case is the family.
 1.1.3.2. Some Aggravating circumstances

1.1.3.2a. Intentional - Ginulat or Inatta

When a crime is committed with intent and with full volition of the doer of the act, the penalty
will be implemented to its.

1.1.3.2b. Alienship - hinpangili

A person from other places called hinpangili who commits a crime in the place he visits is an
aggravating circumstance. He may be killed or tied as a prisoner and can only be released after his kin
pays the fine. The penalty inflicted on him is the same as the fine being charged to a co-villager or a
resident of the place. Penalty depends upon the rank of a person to whom the crime is committed.
(Pagada, 2008).

1.1.4. Trial by Ordeal in Settling Conflicts and or Disputes

Before the trials by ordeal, a rite called baki is performed by the native priest invoking the
intervention of the gods and goddesses for the settlement, when disputes cannot be settled amicably.
These are usually practiced by the Tuwali tribes living in Hungduan, Banaue, Hingyon, Lagawe and
Kiangan.

1.1.4.1. Da-u or Chaw

The da-u or the boiling water method is one of the trials by ordeal among the Ifugaos in case of theft.
For example: A man accused of having stolen something does not admit the guilt and even resents
accusation. He, therefore, refuses make restitution by paying the customary fine. Both parties then
agrees to perform the da-u for their mutual satisfaction. The conditions are set and a day is assigned for
the da-u.

Both parties and their followers meet at their designated time and place. As soon as the water is
boiling, both accuser and accused, or their respective representatives, dip their arms up to the elbow
into the boiling water. He who gets scalded more is considered guilty. If the arm of the accused gets
scalded that means that he is really guilty of theft, in which case he should make restitution. But if it is
the accuser who gets scalded, that means he has made a rash and false accusation; the accused can
claim indemnity for having been put to shame (an Ifugao would rather be accused of murder than theft).
If both parties are scalded, or if both suffered no harm, no one is considered guilty.

In order that there will be no bad feeling afterwards, the guilty is required to give the gibu or
indemnity as agreed upon or as demanded by custom. The indemnity is usually in the form of a pig, a
blanket, or any other useful thing. If the accused is the one proven guilty by the ordeal, he must not only
pay for the thing he is accused of having stolen, but he must also pay the gibu or fine as imposed.
 1.1.4.2. Ug-gub or chiw-wo

Another trial by ordeal in case of theft is the uggub or throwing of darts. Just like in the da-u, the
parties concerned must come to terms on the fine to be imposed like the defeated party and on other
conditions to be met. The two parties gather at on designated time and place (always outdoors since
plenty of space is needed), when everything is ready, the two antagonists or their appointed
representatives stand six to seven meters apart. Both are given an uggub or young shoot of the runo
plant. The accuser is the first to throw his dart to the accused who must offer his back to be hit. Before
throwing his dart, the man (true for both the accuser and the accused) shouts to the sun, moon, and
stars and to the spirits of his ancestors to bear witness to his innocence or to the truth of what he says. If
the dart hits the accused, it proves that the accusation is true unless the accused in his turn also hits the
accuser. In this case, things will be even. If the accuser fails to strike the accused, it means that his
accusation is false.

1.1.4.3. Bu-ugan

It is the same as that of the ug-gub but what are used are two eggs each instead of runo shoots.

1.1.4.4. Bultung

The bultong of wrestling is another way of settling disputes especially those involving boundary
lines of the rice fields. The principals in the dispute or their representatives stand in a place equidistant
to the boundary line claimed by each party. They start wrestling and each one tries to push his enemy
farther away before trying to lay him flat. They do this because in some instances, it is agreed that the
place where one of them falls will be taken as the correct line of boundary. Naturally, cases, however, the
person who is pinned down on his back is declared the loser, and the claim of the victorious party as the
true boundary is thus decided as the correct boundary line.

After a wrestling, both parties perform the hidit, which is a very simple ritual. The two wrestlers
simply chew betel nut and take their lime or apul, from the same palm of any elder among those who
witnessed the wrestling match. This ritual signifies that they are friends again or at least that there are
no ill feelings between them.

1.1.4.5. Duel

The duel is the most dangerous means of setting disputes because it means death to one or
more if the relatives of the one killed will take revenge so they fight both opposing parties. Both parties
use a spear so one party is expected to die. On the command of the umpire, they start to fight until one
dies. This kind of setting disputes is rarely used but this happened several times in the olden days.

In cases regarding boundary lines, opposing parties will dig on the place believed to be the
boundary to look for paghok or foundation of stone walls showing the boundary. Paghok are lines of
stone walls showing of big hard wood that remained fossils. These are used for boundaries on places
where there are no stones. At its surface they put the dikes. There are also aged people who saw the
boundaries before who can testify but sometimes, they lie especially if the other party is related to them
but good ones tell the truth when taken as a witness to the dispute.

There are other ways of getting justice resorted to by the victim of a crime. In case of murder,
the family of the victim will seek revenge by way of performing ayak which is some sort of witchcraft
resulting to bodily deformation and even death. Doing this is called awit or agwit. These practices to get
justice are nearly abandoned. are considered. These practices to get justice are nearly abandoned
because they are considered now as barbaric and inhumane due to influence of civilization,
Christianization and our adherence to the principle of government and the law affecting us. (Pagada,
2008).

EDUCATIONAL IMPLICATIONS

The preceding discussions have presented how customary laws governed the human behavior in
their personal and social interaction, defining human and material relationships; and affecting the virtues
of self-discipline, honesty, integrity, respect and obedience in order to achieve and maintain peace and
harmony and communal development.

Some modes or mechanisms of obtaining justice in the olden time are considered now
uncivilized and so are the virtues nourished by forebears which have been eroded by modern civilization
that are so wanting in the present time. Ironically, Philippines, the largest Christian country of Asia has
the most number of laws and legislations yet rank among the most unsafe place and politically unstable
country of the region. Secondly, in spite of the presence of formal courts in every political and
administrative territory, the dispensation of justice takes a long and expensive process and procedure
that only the rich can afford. In short, this process and procedure deprive the poor including indigenous
people of obtaining justice.

In the light of this course discussion, it aims to provide the learners a comparative study of
customary laws and modern laws in terms of efficiency and economy in the adjudication of legal cases
and their effectivity in curving and curing criminality and other social problems as well as protecting
human rights.

Lastly, this will provide a venue for the learners to reflect on the values of ther forefathers that
may inspire them to become good and law-abiding students and citizens the country.

However some of these modes and mechanisms of obtaining justice was recognized by our
government with the enactment of the Barangay Justice system and Indigenous people's rights act.

SUMMARY

The people of Ifugao have kept, practiced and transferred their unwritten laws or custom laws and
practices from generation to generation mainly to the word of mouth. Since they have no formal political
government, therefore they have no established courts or judges hence, there is no law to base their
decisions however property, crime and penalties. These laws helped them manage their daily affairs as a
community in particularly in the maintenance of peace and order. The second is the customary law and
procedure in settling disputes. This law embraces laws on property, water rights, and to the great extent,
family law and procedure. This was given to them by Lidum, their great teacher, a deity of the Skyworld
and an uncle of their hero-ancestor, Balitok (Barton, 1969).