CHAPTER VII

LAWS AND JUSTICE SYSTEM

 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 like the Ifugaos have been governed by their customary laws and justice systems.
These laws and justice system have the end purpose of achieving settlement of problems,
reimbursement, and payment of damages to the distressed party at the same time.
The severe penalty of a crime or violation (without just cause or any act of abuse), instilled
self-discipline, respect, and the fear of bringing shame and disgrace to the honor of a person
and their family.
The enforcement of justice is spiritually rooted, such that during the settlement of disputes,
each party performs rituals and invoke intervention of gods and deities so that decisions may be
rendered in their favor.
In modern concept, enacted and instituted laws affirm the legal strength of indigenous laws
and justice systems especially in the domains of the indigenous people of the Philippines.
R.A. No. 8371 or the Indigenous Peoples Republic Act (IPRA), recognizes the protection
of customary laws as one essential right of the IP. However, full exercise of such rights can only
be achieved if every indigenous person, for whom the law protects, is knowledgeable and well-
informed.
I. LAWS
The indigenous peoples of the Ifugao have kept, practiced, and transferred their custom
laws as well as other indigenous knowledge and practices from generation to generation mainly
through word of mouth as the they have no form of writing.
The Ifugao law 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) transferals of
property; (b)ordeals (certain taboo); (c)payment of fines; and (d)peace-making. Secondly, is
the customary law which has a greater frequency of application since it embraces laws on
property, water rights, and to a greater extent, family law and procedure.
The Ifugaos state that a large part of their customary laws and procedure was given to
them by their great teacher, a deity of the Skyworld and an uncle of their hero-ancestor,
Balitok. (Barton, 1969)
The Ifugaos have unwritten laws that constitute the family law, property law, and penal law.
This unwritten law together with their 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 Spaniard. (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 fixatedly on a woman’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 related
with sex or 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 where the debtor has somebody sick in the family, when there is death or
even just right after the burial.
5. To kill children or women. A person who plans to kil his enemy postpones his intention for
another day when his enemy is with a woman or child.
6. To displease a pregnant woman who is asking for something. In case there is none, give
something even if its a small thing;
7. It is forbidden to marry the nearest kin. Marriage is allowed only to the 4th or 5th cousin, and if
possible, avoid doing so because there are bad effects;
8. To assist a very sick person for his toilet needs. In Mayoyao, it 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;
 9. To enter or walk in the field especially when it is declared a holiday like in the day of tikob
whereby the two panicles of rice are cut and brought home to be offered to the gods by a priest
in a ritual called hanglag. The native priest coils the two panicles 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;
10. To pass along the bundle of rice spread for drying especially if one is carrying bundles of rice
on his shoulder. He/she has to find another way or he/she leaves the load before passing. He
can come back for it when the owner of the rice in the yard has finally store their rice in the
granary called alang or in the attic called pfalug in the Mayoyao native house.
Other Taboos
1. Brothers, sisters and cousins of the opposite sexes must never sleep under one roof nor sit on
the same bench. They must never touch one another;
2. The words taim, pulong (alam nyo na kung ano to), or any other word pertaining to sex must
never must not be mentioned in the presence of both brother and sister 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 the rice plant blossom
and prior to the celebration of the bakle, rice cake after the harvest.
4. After the performance of baki in the granary, the members of the family and the priest
performing the ritual may not it fish nor go out in the fields, otherwise the sacrifice is 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 and 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 from the sacrificial offering;
7. Children must walk ahead of the elders when walking together. Children are always given a
protected place;
8. Elders must 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/she
stands;
9. Elders should never walk across youngsters especially if the elder is a widow/widower. They
must 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 3rd 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 of the rituals,
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/apul, an ingredient in chewing betel nut, but instead ask for the lime
container called tabayag/tapfayag for him/her to get apur
1. Property Law
1.1 Background
- it is common among the Ifugaos to have land disputes or conflicts because of the transfer of such
property from generation to generation and so some forgot their boundary or landmarks and some would
also try to acquire other properties of another whether intentionally or unintentionally.
- land dispute is a conflict that arises between land owners of muyong and rice fields/payo as to their
landmarks or bad-deng/kaltog/kowato. Or when one claims the property of another or when there is
question on who actually owns such land.
- the kind of properties consist of rice field, camote field, residential land, house, heirlooms and
homestead. These are the properties which are usually given as inheritance of both a husband and wife
from 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 together by virtue of marriage is called “family property”, plus whatever
property the couple acquired during the marriage. The property to be assigned as inheritance to their
children upon marriage can only be sold due to the need of the family.
- a family property is sold only when it is necessary: to provide animals for sacrifice for the recovery
of a family member that has been sick for a long time. If the family has a newly acquired property, it is the
one to be pawned or sold.
 - inheritance properties should not be disposed of but the family is only forced to do so after
disposing other disposable properties. However, inheritance properties are at first mortgaged which
could be redeemed at some point so the owner will have the chance when in position to pay back
whatever he got to the mortgagee. Pawning off properties is a practice among the Ifugao people in all
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 parents, sacrificial animals for the dead called dangli, to pay old debts or to buy immediate needs
where a couple is said to be mahkuk and has no other options.
- when a couple decides to sell a rice field, they must engage in the services of a go-between called
a 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 the chance to buy the field. If none in the clan can afford it, the go-between can find other
buyers. After finding one, he conveys the seller’s price and terms. The buyer can pay in full or in small
portions at certain stated periods. He, the buyer, may also give in kind, e.g., animals, blankets, gongs,
rice , wine jars, depending on the agreement reached. The munliwa returns to the seller , and if the
terms are agreeable, he returns to the buyer for the first payment. He collects the payment periodically
as per agreement. When completed, the buyer prepares for the ibbuy ritual.
 1.3 Ibbuy or Ipfuy
- after buying the rice field, or anything of value like gold/balituk, gong, rice wine jar, etc., the buyer
calls all his relatives for 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 are then
to be distributed to the relatives of the seller as a form of compensation 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 theu recognize the
deal as complete. The buyer or his relatives must produce the bohboh, a pig worth from five to ren
pesos (at present, the value would be 3000 pesos and above); the pagena, a pig equivalent to the rice
raised yearly from the field being sold; the maniklum, consisting of four little pigs; and lastly, the lanad,
or the final pig to terminate the deal. For the distant relatives, they demand implements, or the cash
value of what are called gumok(bolo, ax, etc.), allawin(fish or shell container), hukup(basket for cooked
rice), inadu(ladle), etc.
- the buyer must remember those who have given something for the ritual 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, to be paid back again and
again.
2. Penal Law
2.1. Introduction
- the people of the Ifugao are obedient to their parents, elder brothers and sisters. They do not
talk back or fight their elders. They do not have the nerve to kill their parents, brothers and sisters, for
they consider it as paniyo. The Ifugaos want their relationships intact and united at all cost and must be
preserved. Pure blooded Ifugao do not hurt or slay their kin, only the mentally ill and depraved do this.
- the Ifugao legal procedure in the commission is conducted by and between the families involved.
A murder done treacherously is punished vilely or severely.
- incest rarely happens among Ifugaos. Only a few commit such shameful acts. The punishment is
to force them to marry each other and out of shame, they go to live somewhere to evade the ridicule.
- when avenging the death of a kin against an enemy, the group taking revenge are all responsible
of the crime, not only to the leader, planner, and accomplices. It is because revenge can be done on any
kin of the murderer. This is one reason why to commit a crime like 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 against doing such evil acts for it not only the doer
that suffers, but the entire clan.
- when one takes revenge for the death of a kin. It is done, not on the weak ones like women and
children, for it goes against Ifugao chivalry, against human nature, and the Ifugao gods. Avenging the
death of kin is done on 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 their companions who assisted in the
crime. An individual who carries the same weight of the crime though he may no have participated
directly in the crime is called the informer or muntodol. Because he gave information that led to the
accomplishment of the crime, he made himself as guilty as the others. If he is known to have informed
the murderer will be killed by the kin of the murdered person.
- a hidit is performed when there is a non stop 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.

2.2 Crimes and Offenses

A.) Major Crimes
- the principal crimes which are of the highest degree are murder, homicide,
adultery/luktap/uktap, theft, rape, kidnapping, malicious killing of animals, sorcery, arson, incest,
imputation of crime upon innocent person/intudu, hodong, lodong. Some others are attempted murder
or longa, moving of boundary lines, poisononing, an openly and scandalously bestowing love to a
married person called hokit and inflicting of wounds.
B.) Minor Crimes
- the minor crimes are insult, false accusation, slander, violation of the tungo, inflicting of
wounds, hurting words
 2.3 Crime Against Person
A) Murder or Pate
- it is known among the Ifugao 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 heart of every member of the family.
- when its 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 cases like this, there will be no vengeance but
afterward a hidit ritual is performed between the offended and offended party.
B) Kidnapping
- a death penalty is imposed to the kidnapper or the kin of the kidnapper. Or kidnapping is also
done to his kin in retaliation to the crime.
C) 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 hunted by these forces. If the guest is killed on accident and the
death penalty is commuted to a fine, the fine is doubled, the first half goes to the kin of the murdered
and the second half goes to the host family.
 D) Wounding
- unintended inflicting of wound is punished by imposing a fine of animals intended for rituals.
If found that the wounding is with the intention of killing, the wounded man and his kin may demand
for a double punishment, a fine and animals for sacrifice called haliw. The rank of the slain or wounded
individual has something to do with the amount being demanded. The higher the rank, the higher the
fine.
E) Attempted Murder or Longa
- punishable by death or a fine called longa. The fine is taken by the kin for a feast, but death
penalty if the fine is not given.
F) Rape
- 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 called akang, and another fine 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 the rapist will
be killed by the husband and kin. The fine given to the kin of the woman may be equal or greater than
what is given to the husband of the raped woman. The raping of someone is usually penalized by death
for its great insultand a shame to the family.
- a married man who rapes a married woman pays three times the amount paid by an unmarried
rapist. The first demanded fine goes to the husband as akang, the second goes to the kin of the raped
woman as numbainan, the third goes to the kin of the wife of the rapist as luktap. This is so when death
penalty is not demanded for the serious offence done on a married woman. Usually the rapist has to be
killed and the husband praised for freeing himself from the shame and insult done to him and his
family.
- the rapist of an unmarried woman can be absolved of 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.

2.4 Crimes Against Property

A) 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 the intent to gain. This is the most hideous and most shameful crime to commit. The
stolen object must be returned or it’s equivalent value plus five time the value of the stolen object 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. A thief caught in the act is likely to be punished by death or taken as prisoner until his
kin pay the fine. The fine is called hulul which is the ransom of the prisoner, and pig and chickens for
a feast called honga.
- if the guilt is denied, then he is challenged to a trial by ordeal: da-u, hadda-an, bultung, or
uggub. The trial by ordeal is employed when nobody knows nor has seen who did the act.
 B) Arson or Hinggab
- arson in Ifugao is the burning of the native house, muyung, and other property of another
resident. This is punishable by death which is rarely implemented. Punishment is generally a fine of
two granaries full of rice, and of animals for a feast. But arson is rare, some houses were burned but
found to be accidental with no trace of the arsonist. In case the arsonist cannot pay, a member of
his/her family is 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 by death or fine.

3. Crimes Against Chastity

3.1. Incest
- it is a rare crime amongst Ifugaos. In fact, the Ifugao people are strict in terms of morality.
Mention of sexual parts in the presence of both opposite sexes is prohibited. One of several thousands
of the Ifugao is a pervert, it causes insanity and shame if the other party who learns 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”. It 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. Luktap and Hokwit and can be punished with either death or
fine.
3.3 Slander or Defamation or Baag
- it is the uttering of statements which destroys 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 gossips from escalatingin the
community and to show 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 mention sex organs as tilim, ta-im, and
touching the breasts 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 discuss demands. If the accuser resists, he is challenged to an ordeal or
fight. A clever go-between can convince the accuser to give the demands especially if accusation in false.
4. Penalty
- the Ifuagos 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 person and
his kin and relatives. Often times 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. If the penalty is fine only, the kin helps 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 animas to be slaughtered in an imbayah; nah-onom – a fine of sixes;
nalimma - fine of fives; natullu - three; nundulpig or nunbadi – a fine of twos; naoha – a fine of one.
Penalties go down depending on the rank of the offended who gets the fine. These are accounted into
units to base, tawin or natuwinan, nunbadi, naoha and another kind of fine called labod which means to
handle all expenses whatsoever.
- relationships among Ifugaos whether by blood or affinity as a great influence or role when
fines are imposed to punish a criminal or an offender. Due to kinship, the penalty imposed becomes
less. It is because the offended comes from two parents, the father and mother from whom either may
be related to the offender. Half of the penalty is paid while the other half is waived usually for the father.
In this way, a heavy penalty becomes less.
 - if the offense is minor, the tendency is to forgive. However, five chickens are demanded for a
feast to cover or appease called opop or upup.
- in the Kiangan district, they name the different units pu-u – base which is the biggest part of a
fine to be taken by the injures or offended. The second unit is called haynub, which is a little bit lesser
than the pu-u, being given to the go-between who is usually a kin to the offended. The third unit is
natuwinan, the fourth is natuku and the fifth unit is called numbadi which is of two pieces and the last is
naoha. These units are from highest to lowest. In case the go-between who was 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 and convince the offender until the offender agree to the
demands. If he does not, the kin will go with the go-between very much prepared for war between the
two families.
- in Banaue 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 as a fine. The hinba-id is made
up of 10 to 15 pigs. 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 how much they are worth in life. The fine is called
nunhaliwan.
- the offended person and family members do not eat the meat slaughtered as fine. If the do, it is
believed the offense is repeated. For a fine that is ill-favored and enjoyed by the offender, it is likely the
offense will happen again.
5. Fine as a Penalty
- the amount of fine called haliw depends on the rank or standing in the community of the
injured or offended. If he belongs to the very rich called ngolangol, the highest penalty id demanded of
two or duwanbakid which may reach up to twenty pigs or 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 10 pigs which
may be lessened to eight or even six which depends on aggravating circumstances presented. The fine
demanded by middle class is 5 to 6 pigs. To the poor, a fine is 2 to 3 pigs which could be lessened due
to circumstances.
- the people called nawotwot have two concepts. One, is that once a person born from a poor
family, he/she carries that identity of being poor even if by luck and hard work becomes 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 have to
strive hard to survive.
6. Gibu
- a fine or compensation 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 the
social status of the aggrieved family.
 - the gibu is also paid to the victims as compensation and peace offering by those who are
defeated in any of the trials by ordeal. It 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, the family of the wife of the offending man may also demand gibu from the wife/woman
with whom the act was committed. So in this case, the offended wife and offended husband of the
offending wife may demand gibu from the unfaithful wife. It is also demanded of a man who wants to
marry a widow of some substance. Relatives of the dead man demand this. 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 to bear no grudge against the widow’s new husband.
II. JUSTICE SYSTEM
The Ifugao justice system doesn’t have a formal formal structure like what we have today,
namely 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 deemed as inhumane form of punishment as a way
of attaining justice. The said law created the Lupong Tagapamayapa and Lupong
Tagakapagkasundo who will take charge in resolving the conflicts between members of the
community at present using the indigenous ways of settling disputes. The use of indigenous
justice system is further enforced with the enactment of the Indigenous People’s Rights of
1997(R.A. 8371) stating 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 their respective communities and as may be
compatible with the national legal system and with internationally recognized human rights.
1. Processes of Settling Land Disputes and Crime Against Person
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 issue is about boundary, witnesses
are called to testify according to their knowledge of truth. When the land is bought and on dispute, the
witnesses or the go-between is called, especially those who received the hag-bu/lagbu. A hag-bu/lagbu is
any property or material given to the go-between or witnesses.
- the settling of land dispute is done through the intervention of the elder called munkalun or
mon-alon who acts as adjudicator. Both parties consult a mon-alon like the nanomnoman. They are the
elders with natural intelligence and a strong sense of fairness. They command respect in the community
and when they speak, people listen to them. The mon-alon(s) of bothe parties investigate and consult
relatives, other elders and witnesses before they arrive to a settlement. This can take several days.
- the mon-alon would always work out for the good or satisfaction of both parties. But if any or
both parties are not amendable to the suggested settlement made by the elders, they are free the 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 the land and others.
 1.2. Crimes Against Person, Property, and Chastity
- the defendant and the accused usually consult the old folks or the wise men called am-ama or
nanomnoman, to intervene in settling the disputes, preferably in the presence of both parties. However,
both should agree in the decision made by the elder/lalakai on how to settle such dispute. Meetings may
be done several times until a final decision is made. If still unsettled, the customary practice called the
trial by ordeal such as da-u, ug-gub, bultong, etc. may be done.

1.3. Circumstances Affecting the Penalty Imposed

a. Some Mitigating Circumstances
i. Confession and Acceptance of Guilt or Inagamid – if the offender confessed and
accepted his guilt by repenting and showing remorse, then a lesser penalty is imposed
upon them.
ii. Drunkeness – a person who is drunk is not in is 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.
iii. Accidental, Unintentional or Naloktat – if the crime is committed without the intention
to inflict damage or injury then it is considered as a mitigating circumstance.
iv. Kinship – a strong mitigating circumstance as often used to excuse crime altogether.
The crimes of one brother or sister against another are not punished in as much as the
authority to hear the case of the family.
 b. Some Aggravating Circumstances
i. 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 fullest.
ii. 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 if 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 on the ran of the person whom the crime is committed to.
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.
a.) Da-u or Chaw
- 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
the accusation. He, therefore, refuses to make restitution by paying the customary fine. Both parties
then agree to perform the da-u for their mutual satisfaction. The conditions are set and a day is
assigned for the trial.
 - both parties and their followers meet at the designated time and location. As soon as the
water is boiling, both accuser and accused, or their representatives, dip their arms up to the elbow into
the boiling water. He, who gets scalded more is considered guilty. If the accused gets scalded, then he is
truly guilty and should make a repayment for the crime. But if the accuser gets scalded, that means he
has made a rash and false accusation. The accused can claim compensation. 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 is no bad feelings
afterward, 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, blankets, or any other useful ting.
If the accused is proven guilty by the ordeal, he
must not only pay for the thing he is accused of
having stolen, but must also pay the gibu or the
fine as imposed.
 b.) Ug-gub or Chiw-wo
- another trial by ordeal case of theft is the uggub or throwing darts. Just like the da-u,
both parties concerned must come to terms on the fine imposed. They gather at the designated
area(usually outdoors since plenty of space is needed). When all is ready, the two antagonists or ther
representative stand 6-7 m apart. Both are given an uggub or a young shoot of the runo plant. The
accuser is the first to throw his dart at the accused who must offer his back to be hit. Before throwing
the dart, the man(true to both accuser and 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, hits the accuser. In this case, things will be
even, if the accuser fails to hit the accused, it means
the accusation is false.
 c.) Bu-ugan
- it is the same as that of the ug-gub but what are used are two eggs each instead of runo
shoots.
d.) Bultung
- also known wrestling, is another way of settling disputes, especially those involving
boundary lines of 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 boundary line. Naturally, each one tries to throw the
other farther away in order to claim more land. In most
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 line is thus decided as the correct boundary.
- after the wrestling bout, 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 palm of
any elder who witnessed the wrestling match. This ritual
signifies that they are friends again or at least there is no ill
feelings between them.
 d.) Duel
- the duel is the most dangerous means of settling 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 settling case is rarely used but this happened several times in the olden days.
 SUMMARY
The people of the Ifugao have kept, practiced, and transferred their unwritten laws or custom
laws and practices from generation to generation mainly through 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 they have unwritten laws strictly observed that addresses
problems on family, 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 sources of these
laws are the taboo or paniyo which means bad, or evil which is essentially religious. 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 the by Lidum, their great
teacher, a deity of the Skyworld and an uncle of their hero, Balitok.