CUSTOMS AND TRADITIONS

Farming
Fishing
Hunting
SPIRITUAL BELIEFS AND PRACTICES

 Magbabaja and other deities

 Omens
 Marriage
THE INDIGENOUS POLITICAL STRUCTURE
IP CONFLICT RESOLUTION
CUSTOMARY LAWS

 Refer to a body of written and/or unwritten rules,

usages, customs and practices traditionally and
continually recognized, accepted and observed by
respective ICCs/Ips.
JUSTICE SYSTEM, CONFLICT RESOLUTION INSTITUTIONS AND
PEACE BUILDING PROCESS

 The ICCs/IPs shall have the right to use their own

commonly accepted justice system, conflict resolution
institutions, 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.
THE MAMANWA

Procedure in Settling Disputes

The tribal elders (dakula,

mabalaw, bae) are the ones
charged with the duty to mskr
decisions and settle tribal
disputes. They are the ones
who will guide and gives
advises to all parties.
 Customary settlement procedure in settling land conflicts
between two members of the Mamanwa tribe
The offrnded party make known his complaint to the
Dakula/Mabalaw/Bae (DMB).
The DMB directs a youthful tribal member to notify the tribal
priest, council of elders and the contending parties of the place
and date of the hearing of the complaint by sending them a
“balintos” so that all of them may be able to appear.
Balintos-refers to a multi-knotted rattan vine where each knot
corresponds to specific length of time prior to the date of the
hearing
THE MANOBO

 Overlapping of Ancestral land Claim

 The aggrieved party will bring the
matter to the community tribal leader
who shall require the former to
provide a chicken to be used as one of
the implements in conflict resolution
 Only the adversaries shall formulate
the solution for their conflict. The
“hawudon” shall only act as the
mediator in their conflict resolution
 If the mediation fails, it will be the
“hawudon”who shall decide who
between the adversaries is the rightful
owner of the contested real property
HIGAONON

 Proceeding in conflict
resolution:
 Conflict brought immediately
to the attention of
ininay/inamay
 Ininay/inamay appoint a
trustee/spokesperson/aide
 Trustee investigate cause of conflict and ask
disputants whether they are amenable to
amicable settlement
 If trustee decided to bring the matter to
ininay/inamay, the latter shall call a conference
with other “Datus” in the community. There,
they will agree on how to settle conflict
DISTINCTION BETWEEN KPL AND CUSTOMARY LAW

KPL CL

Basis

RA 7160 Customary law

DISTINCTION BETWEEN KPL AND CUSTOMARY LAW

KPL CL

Conciliator

Barangay Captain and Barangay Tribal Leader and Council of Elders

Council Members
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KPL CL
Disputes Subject to conciliation
All, except: All disputes which involves their
1. When one party is Government members, except:
2. Govt. Employee/s
3. Living in different municipalities
4. Imprisonment is >1 year or fines > 1. Those lawfully detained
P5,000 2. Those filed in court
5. No offended party
6. Detained person
7. CARL
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KPL CL

Requirement prior to filing in court.

YES. Precondition for formal No

adjudication
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KPL CL

Effect of amicable settlement

Have the force and effect of a final No.

judgment of the court upon
expiration of 10 days from date
thereof
DISTINCTION BETWEEN KPL AND CUSTOMARY LAW

KPL CL

Requirement prior to filing in court.

YES. Precondition for formal No

adjudication
SIMILARITIES BETWEEN KPL AND CUSTOMARY LAW

KPL CL

Community-based mechanism for dispute resolution

SIMILARITIES BETWEEN KPL AND CUSTOMARY LAW

KPL CL

Decongest court dockets

SIMILARITIES BETWEEN KPL AND CUSTOMARY LAW

KPL CL

Speedy resolution of conflicts