THE CORDILLERA

INDIGENOUS JUSTICE SYSTEM

MODELS

Justice system that

exists in Cordillera.
 Words to ponder!
1. Ipugo. A term referring to those people from the province of Ifugao which was locally
referred to a hill.
2.Alim at Hudhud. Within the culture of the Ifugaos, during gatherings and special
occasions, they entertain the community by singing in a melody describing the life of
somebody they consider as having performed exemplary behavior worthy of emulation,
the likes of the local folks heroes as Bugan and Wigan.
3.Paniyo/paniyaw. To the Ifugaos, this refers to any act that is in contrary to the
generally accepted norms of the community which in English is “taboo”.
4.Bodong. This refers to the Kalingas practices of binding together in the form of an
agreement and friendship that will serve as a means of maintaining peace by and
between sub-tribes.
5.Pagta. Refers to the terms of agreement of the Kalingas within sub- tribes which is
binding to all those covered by the agreement.
6.Haliw- this is a form of tribal amicable settlement of Ifugao’s whereby the offender is
required to produce pigs, Cows or an amount of money, depending on the gravity of the
offense as determined by the elders during settlement/ negotiation period.
7. Da-U- The Ifugao way of determining who is telling the truth between two parties, the
accuser and the offender. This is being perform through boiling of water and spear or
the so called “uggub”.
 The Ifugao Justice System
The word Ifugao was
derived from the word Ipugo
which means from the hill,
but when the Spaniards
came, they change it into
‘Ifugao which was altered to
the current name of the
people and subsequently
their province. Close to 40%
of Ifugaos are Literate and a
great number of them
embraced the Christian faith
while retaining their
tradition. Their means of
livelihood are producing rice
crops and wood carving.
 Sources of Ifugao Laws
1. TABOO- in Ifugao, it is called
“Paniyu/paniyo”. The root word
appears in varying forms such as;
iyu, iho, iyao and ihao.
2. CUSTOM OR TRADITION- this
pertains to property, inheritance, water
rights, wedding, wake of the family or
relatives, and to a great extent, family
law and procedure.
Major offenses in Ifugao
customary laws
Sorcery, Adultery/Bigamy, Theft,
Murder, Kidnapping, Manslaughter,
Rape, Arson,
Incest
Circumstances that affect criminal
responsibility of the Ifugaos
1. Alleinship - if the culprit is of a foreign village, the
fact that he/she is a foreigner is an aggravating
circumstance. If found in flagrante delicto, he/she
shall be put to death.
2. Kinship - it is a strong mitigating circumstance that
often results in the exemption of a guilty person
together from any liability.
3. Confession – confession before any move to be taken
to inflict punishment alleviates a person from any
liability except in murder and liability in adultery.
4. Relative rank of the offender and the offended -
the imposition of fine is dependent on the rank and
social standing of the individual in society.
Punishment
5. Death penalty, and
6. Fine or (Haliw)
 Sources of Ifugao Laws
1. TABOO- in Ifugao, it is called
“Paniyu/paniyo”. The root word
appears in varying forms such as;
iyu, iho, iyao and ihao.
2. CUSTOM OR TRADITION- this
pertains to property, inheritance, water
rights, wedding, wake of the family or
relatives, and to a great extent, family
law and procedure.
Major offenses in Ifugao
customary laws
Sorcery, Adultery/Bigamy, Theft,
Murder, Kidnapping, Manslaughter,
Rape, Arson,
Incest
Circumstances that affect criminal
responsibility of the Ifugaos
1. Alleinship - if the culprit is of a foreign villager, the
fact that he/she is a foreigner is an aggravating
circumstance. If found in flagrante delicto, he/she
shall be put to death.
2. Kinship - it is a strong mitigating circumstance that
often results in the exemption of a guilty person
together from any liability.
3. Confession – confession before any move to be taken
to inflict punishment alleviates a person from any
liability except in murder and liability in adultery.
4. Relative rank of the offender and the offended -
the imposition of fine is dependent on the rank and
social standing of the individual in society.
Punishment
5. Death penalty, and
6. Fine or (Haliw)
 Sources of Ifugao Laws
1. TABOO- in Ifugao, it is called
“Paniyu/paniyo”. The root word
appears in varying forms such as;
iyu, iho, iyao and ihao.
2. CUSTOM OR TRADITION- this
pertains to property, inheritance, water
rights, wedding, wake of the family or
relatives, and to a great extent, family
law and procedure.
Major offenses in Ifugao
customary laws
Sorcery, Adultery/Bigamy, Theft,
Murder, Kidnapping, Manslaughter,
Rape, Arson,
Incest
Circumstances that affect criminal
responsibility of the Ifugaos
1. Alleinship - if the culprit is of a foreign villager, the
fact that he/she is a foreigner is an aggravating
circumstance. If found in flagrante delicto, he/she
shall be put to death.
2. Kinship - it is a strong mitigating circumstance that
often results in the exemption of a guilty person
together from any liability.
3. Confession – confession before any move to be taken
to inflict punishment alleviates a person from any
liability except in murder and liability in adultery.
4. Relative rank of the offender and the offended -
the imposition of fine is dependent on the rank and
social standing of the individual in society.
Punishment
5. Death penalty, and
6. Fine or (Haliw)

Minor offenses
1. Insult
2. Slander
3. False accusations
Penal customary laws
1. The Ifugaos has no tribunals to
sentence and no government to execute
2. The Ifugaos has no general law, that
law is; a life must be paid by a life
3. Public opinion custom or both justify
the taking of a life in punishment of the
following crimes.
4. If friends between families of different
districts, heads might or might not
be taken, if there are no ties of kinship
between the district.
Procedural customary laws
of the Ifugaos
1. Consult with one’s own kin and relatives,
it’s called “happitan/hummangan, the
next step is the selection of the
“monkalun”or mediator.
2. The office of the “monkalun” is the most
important one to be found in Ifugao
society, the “Monkalun” is a whole court.
He is a judge, prosecutor and defending
counsel at the same time.
3. litigants do not confront each other, there
are also no oaths or formalities in the
giving of testimony.
4. In criminal cases where the accused
persistently denies his guilt, ordeals or
trials are resorted, such as the hot water
ordeal, “sapata”, hot bolo ordeal, wrestling
or a duel.
5. No law so strong as custom, how much more universal, willing or
spontaneous is obedience to the law that a necktie shall be worn with a
stiff collar than obedience to the ordained law against expectoration on
sidewalks; non withstanding that the latter has more basis in
consideration of the public, real and even in aesthetics.
6. A controversy settled peacefully is accompanied by a ceremony called
“hidit”. Where both parties contribute to the expenses of the ceremony
witnessed by the public

Stages of development of Ifugao laws

Mohammedan- The first stage based on

the Hebrew law which means
criminal law in ancient times.
Four stages in the first stage of development of Ifugao law as external
influences
Stage of simple retaliation – concept of an “eye for an
01 eye”, a “tooth for a tooth” and a “life for a life”.

Stage in which vengeance may be bought off either by the

02 individual who has inflicted the injury or by his tribe.

Stage in which the tribe or his chiefs or elders

03 intervene to fix penalty and to announce sentence
of outlawry on those who refuses to pay proper
fines.
04 Stage in which offenses to be clearly
recognized as a crime against the peace
and welfare of the king on the state
1. Sorcery “ayak” (soul
stealing) 3. Wounding

Some examples of major

crimes punishable by
2. Attempt to murder Ifugao Law 4. Murder

In case the wounded man lives

a. Fine of two “bakid” (two hens) and fee of ten pesos for the “Monkalun”.
b. Peace-making ceremony – 7 pigs and other appurtenances of the feast.
Take Note!
Ifugao justice is based on a
collective decision or judgment of
guilt or innocence, with
appropriate sanctions,
compliance of judgment, and
rituals for healing and
restoration of social fabric. It is
the firm belief that justice is
basically the intervention of their
god in the vindication of the
innocent and the exposure and
condemnation of wrong-doing in
the breach of peace.

The stages of the process are abstracted
from the cases gathered in the research
inventory:
1. Initiating a complaint against an alleged wrong.
2. Group meeting of conference on the question of
the guilt of the party or parties charged, should
this be admitted the question of the sanctions to
be imposed would be taken up.
3. In case guilt is denied, or otherwise placed in
issues, this question may be resolved either
through traditional or indigenous remedies, or
through a public trial involving presentation of
evidence generally through witnesses.
5. Where guilt is adjudged, the wronged party
stipulates the sanctions to be imposed, usually
including reparation of by the payment of goods
and money according to customs.
6. Once payment is made, the money or property is
distributed to the relatives of the aggrieved party, to
the participating officials, to witnesses should there
be any, and the victim.
7. Healing rights are performed for reconciliation
among the litigants, and to offset baneful effects of
measures taken in the course of litigation.

4. On the basis of truth determined according to a

trial or through traditional remedies, a decision is
reached on guilt or innocence by consensus
within the group with or without prior
discussions.
 The Tribal Justice System of
Kalinga (the Bodong)
Bodong system of
Kalinga was recently
codified as the
“PAGTA”

The codification started
during the administration
of Governor Rolando
T. Puzon.
The first serious attempt at
writing the Kalinga Pagta was
made during the Kalinga
Bodong Conference at the
BIBAK National Agricultural
School compound.
The first Bodong Congress
called by Governor Laurence
B. Wacnang was held at the
BIBAK National Agricultural
School Conference Hall with
Kalinga tribal elders/leaders
and bodong holders in
attendance.

1991-
1974 1981 1982 1988 1989
1993

The plan was pursued by
Governor Amado T. Almazan
when he took over the
governorship from Odiem.
Almazan first convened tribal
leaders for consultation at the
Tabuk National High School.
December 19 Honorable
Laurence Wacnang mandated
Board Members John B.
Dongui-is, David Banson,
The Second and Third Bodong
Gavino Mosing, and Elpidio B.
Congress were held.
Tubban, to call for a
preparatory conference
towards the conduct of a
Bodong Congress.
 Committee was formed
to Codify the Pagta with the
Hon. John B. Dongui-is as
the Over-all Coordinator.
1995 1997
The codification started.
Finished and presented
during the Fourth Bodong
Congress
1998 1999
Codification Committee was again
tasked to annotate the Codified Pagta
composed of the Kalinga Lawyers and
Professional Leaders. Their work
started right after the fourth Kalinga
Bodong Congress and was finished
last December 31, 1999. This is now
the fruit of their labor
 The Pagta
PREAMBLE - We the Kalinga people of the
Cordillera, Philippines, invoking the guidance
of almighty Kabunyan, exercising our
inalienable rights to preserve, promote and
maintain the Bodong system of governance
which our people have practiced since time
immemorial, to guarantee and ensure to each
and every kalinga the protection of life, liberty,
property, freedom, equality, justice, peace and
the development and sustainability of our
patrimony, for our general well- being and that
of our posterity do hereby adopt this Pagta of
the Bodong.
 ARTICLE I: BUGIS (Territory of the Bodong)

Section 1: The Bugis of the Bodong is the territorial jurisdiction of an ili as defined in their
respective Pagta which include all lands and natural resources owned, occupied and possessed
since time immemorial by the members of the sub tribe, by themselves or through their
ancestors, communally or individually in accordance with their customs and traditions. It
encompasses ancestral lands, private properties, forests, pasturelands, agricultural lands,
residential lands, hunting grounds, burial grounds, bodies of water, mineral deposits including
the airspace and the subterranean resources.

Section 2: The domicile and real properties of a Binodngan located outside any bugis shall be
deemed included within the bugis under the principle of kulligong.

Section 3: When the bodong between two sub tribes is severed, all places outside their
respective bugis shall be deemed the Matagoan or peace Zone (as amended, 5th Kalinga
Bodong Congress).
 ARTICLE II: DECLARATION OF PRINCIPLES AND POLICIES OF THE BODONG

Section 1: The bodong recognizes the rule of law.

Section 2: The bodong promotes peace and order, guarantees the welfare, safety and interest
of the binodngan and the non-binodngan where applicable.

Section 3: The bodong recognizes the indispensable role of the women and the youth in the
attainment of peace, security and development. To hasten their leadership potentials, they are
encouraged to be bodong holders and to actively participate in all bodong activities.

Section 4: The provisions of this Pagta shall be enforced to all binodngan

regardless of creed, status, rank, station in life and filial relationship.

Section 5: Revenge is hereby prohibited except in cases where the bodong is severed as
provided under Section 5, Article VI, of this Pagta, in which case, the retaliation of the
aggrieved party shall solely rest on the person of the offender. Violation of this provision shall
constitute patoy.
Section 6: There shall be no immediate severance of the bodong in cases where the bodong was napot-akan or
nabuto.Tthe procedures outlined in Sec. 5, Art. VI shall be strictly followed.

Section 7. The following acts of a binodngan shall not constitute bug-uy:

I) When he acted to defend his person, honor, relative and companion;
II) When the act of the binodngan was in fulfillment of a duty or lawful performance of his right or
office;
III) When the act of the binodngan was in obedience to a lawful order for some lawful purposes;
However, the binodngan may help defray the expenses of the offended parties where it is deemed appropriate
under the circumstances.

Section 8. There shall be no retaliation where injuries or killing results from an accident. Should there be any
retaliation, it shall constitute pot-ak/patoy.
Section 9. The maintenance of peace and order is every citizen’s duty. The bodong holder, members of
the Philippine National Police and other law enforcement agencies must support and coordinate with each other
when the exigency for the protection of life, liberty and property and honor arises.

Section 10. Any lawful act/s of the police officers, uniformed personnel and/or other law enforcers, when done in
the performance of duty shall not be covered by the bodong, without prejudice for the aggrieved party/ies to go
to the courts. (As amended, 5th Kalinga Bodong congress)
 ARTICLE III – NANGDON SI BODONG
Section I. The binodngan shall recognize and affirm the authority of the bodongholder of each
ili as chosen by them.

Section 2. The bodongholders shall discharge the functions and duties among which are as follows;
a) He shall be the eyes, ears, and mouth of the bodong;
b)He shall faithfully enforce and execute the provisions of the pagta and all decisions in cases brought
before it;
c) He shall prosecute with dispatch cases brought to his attention until the same shall have been settled
to the satisfaction of both parties;
d)He shall not allow the severance of the bodong without complying with the provisions of Article VI,
e) Section 5 of this pagta;

He must consult the Umili and the elders in making decisions;

f) He shall arrest or cause the arrest of the bummug-uy (violator).

Section 3. The bodongholder and his family shall have the respect, assistance, cooperation, support and loyalty
of all bodong members in all bodong affairs.

Section 4. The bodongholder may seek assistance from the government for the conciliation and settlement of
bodong cases.
Section 5. The bodongholder by virtue of his functions and responsibilities in the maintenance of peace
and order shall be deemed a person in authority.
Section 6. The bodongholder in recognition of the importance of his functions in the discharge of his
duties without remuneration shall be given the appropriate civil service eligibility, and insurance when
feasible.

ARTICLE IV- BINODNGAN

Section 1. The following are the binodngan

a. Bonafide members of the subtribe;

b. Those born to bonafide members of the subtribe;
c. Non-tribe members married to members of the subtribes;
d. Non-tribe members who permanently reside in the ili and who elect to become members and accepted
as such through Lo-om as provided for by the bodong. (as amended, 5th Kalinga Bodong Congress)

Section 2. Children of binodngan who resides in any of the ili of their parents shall be members therein,
provided that in case where they reside in a non- binodngan area, they shall follow the bodong of their
father.
Section 3. Where one of the spouses is a binodngan and the other spouse is a non-binodngan, the
children shall be covered by the bodong of the binodngan spouse.
ARTICLE V - RIGHTS OF THE BINODNGAN

Section 1. The binodngan shall have a right to his life, liberty, his property, his honor and shall do every
reasonable means to defend it.

Section 2. All binodngan shall have the equal protection of the bodong and the free and speedy disposition of
their cases.

Section 3. No binodngan shall be held to answer for an offense without due process under this pagta.

Section 4. A binodngan shall have the right and obligation to testify for or against another binodngan in every
case.

Section 5. Every binodngan has the right to adduce evidence in his favor, including the right to demand that a
binodngan who witnessed the incident shall testify in his favor.
Section 6. There shall be equal treatment in the imposition of fines and penalties and no excessive fines shall
be imposed.

Section 7. Every binodngan shall have the option to seek justice under the bodong or the regular
courts of justice.
Section 8. No binodngan shall be twice put in jeopardy for the punishment of the same offense. If a
binodngan is punished by the bodong or the regular courts of justice, the conviction or acquittal under any
shall constitute a bar to another prosecution for the same offense. However, the offender may still satisfy the
customary practices of the bodong.

ARTICLE VI - SPECIFIC CRIMES AND THEIR PENALTIES

Section 1. Patoy (killing) - Any binodngan who kills or inflicts injury to another binodngan is guilty
of patoy.

Section 2. If patoy results to death, the penalty (dusa) is ten (10) carabaos or its equivalent value in terms
of land, antique jars (gusi), gold, beads or cash, inclusive of patong-al, paata ,and imbaluwan/siglot.
In addition thereto, he shall pay three (3) carabaos as payment of butu to the offended bodongholder, one
to be given to his kasupang and the other one to be butchered during the amicable settlement plus
reasonable customary damages.

Section 3. If for any reason the victim survives, the penalty shall be as provided for under Section 8 of this
Article.

Section 4. Patoy may be committed under any of the following circumstances, which includes but not
limited to: ba-ug, ngosngos, sanob, lomong, liput, aladas, wakwak, kodot,and anod..
a. Ba-ug - when a bodong holder or his relative kill a kabodong.
b. Makmak/ngosngos are the other terms in Northern Kalinga. This is the ugliest kind of killing. It
entails lifetime stigma (uyaw). The penalty should be higher from that of the ordinary killing (patoy).
c. Sanob - ambushcade
d. Lomong/Liput - killing in secluded place
e. Kodot - killing by poisoning
f. Anud - killing by drowning

Section 5. Procedures when there is patoy (murder) - where a binodngan is killed or injured, the aggrieved
party may avail of the remedies provided for by the regular courts of justice, or he may go to the bodong. If he
chooses the bodong, the following procedures shall apply:
g. The offended party shall report the patoy to the bodongholder;
h. The bodong holder of the aggrieved party shall first refer the case to his kasupang (bodongholder of the
other subtribe) by sending the bugsong/ busdong di butu with the accompanying letter narrating the
facts of the case;
i. Upon receipt of the bugsong/busdong di butu, the bodongholder will investigate and work for the
settlement of the case. Meantime, he will cause for the giving of the papod of one carabaos or its equivalent
in cash to the offended party to preempt possible vengeance if the bodong is severed (nagopas).(as
amended, 5th Kalinga Bodong Congress)
j. if no settlement is reached, after consultation with the offender, his relatives and tribesmates, he shall inform
his kasupang or kabodong.
e. If the aggrieved party, after consultation with the bodongholder and the umili opt for the severance of the
bodong, then the bodongholder shall now send to his kasupang the gopas (notice of the severance) duly
approved by the umili;
f. When the gopas is properly and formally accepted by the offending party, the bodong holder and the umili,
then the bodong is finally severed effective 30 days from receipt of the acceptance of the severance;
g. upon restoration of the bodong, the offending party will pay one big vat (maltaba) as damask or its equivalent
in cash. (As amended, 5th Kalinga Bodong Congress).

Section 6. Sarmak/sarsa/solma/losob - when a binodngan killed is not the intended victim, there is no bug-
uy. By way of amicable settlement, the offender will pay ten (10) carabaos plus reasonable damages. If there is
only injury, then the penalty shall be those penalties prescribed under section 1Art. X.

Section 7. Where offenders who belong to different bodong kill or injure any binodngan and it could not
be ascertained who actually killed or injured the victim, then said offenders shall be penalized as provided for
under patoy. The case will be treated as one case only. They shall likewise contribute for the expenses of the
settlement and customary damages and pagikna, provided however, that each of them shall individually answer
for the butu..

Section 8. Serious Physical Injuries - Where the victim did not die due to any reason, the offender is liable to pay
five (5) carabaos. In addition thereto, he shall pay the hospitalization expenses, plus the customary
tingiting, botok and songa where applicable. He shall likewise pay one (1) carabao to the offended
bodongholder and P1, 000.00 as pagikna.
Section 9. When the injury is less serious, the offender shall give to the victim by way of penalty two (2) carabaos
and shall likewise shoulder the medical expenses including the customary tingiting, songa, batok/sipat where
applicable, P1,000.00 to the offended Bodongholder and P500.00 as pagikna.

Section 10. When the injury is slight, the penalty is one (1) carabao, medical expenses incurred and P500.00 to the
offended Bodongholder and P300.00 as pagikna.

Section 11. Where two (2) binodngan fought it out and one or both of them is injured or killed, each person
shall be liable for the consequent act he inflicted. The person who started the fight (bummog-oy) shall pay the
customary expenses, multa and pagikna to the offended bodongholder.

Section 12. Any person who in defense of his person, a relative or companion, kills the aggressor, shall not be
liable and the act does not constitute Bug- uy. However, he may give reasonable financial assistance to the
family of the deceased.

Section 13. When the person robbed under extreme circumstances, kills the thief, robber or hold-upper, there is
no bug-uy. However, the offended may extend reasonable financial assistance to the family of the victim.

Section 14. Where two persons agree to a duel and one is killed, there is no bug- uy and liability. However, the
survivor shall extend a token financial assistance to the family of the casualty. If both are killed, there is no bug-
uy and liability.
Section 15. Am-am (gave threat) - Where the offender threatens to kill another binodngan by
words or deeds, the offender shall be penalized (mamulta) with one (1) carabao.

Section 16. Putut / Komkom – When a binodngan or non-binodngan is killed in the presence of
or in the company of a binodngan, the offender shall pay a fine (multa) of one (1) carabao to the
person in whose company a crime was committed, in addition to the penalty of the crime of
killing.

Section 17. Tuyuk - When a person through his acts or words directly induces another to kill or
inflict injury to another person, the offender shall pay five (5) carabaos.

Section 18. Ibit - Where a person by design unknown to the victim points to the victim or
accompany the assailant and points to the person and the victim pointed to was killed, the offender
shall pay of five (5) carabaos.

Section 19. Tutuk - Any binodngan with intent to kill points his gun or deadly weapon to another
binodngan is liable. The penalty is a fine (multa) of two (2) carabaos or its equivalent in kind or
cash.
ARTICLE VII- CRIMES COMMITTED IN VIOLATION OF THE BUGIS

Section 1. Any binodngan who kills by way of revenge in the “Matagoan” zone of life, shall pay, in addition to
the penalty for the crime committed, a fine (multa) of one (1) carabao payable to the offended sub-tribe upon the
restoration of the bodong. (As amended, 5th Kalinga Bodong Congress)

Section 2. When a binodngan or mangili (visitor) enters the ili (village) of another binodngan and his
property is stolen or lost, the Bodongholder or the host shall return the item lost or its value to the visitor.
The bodongholder /

host, when the offender is found, shall cause the offender to pay the cost of the items lost and be fined
(mamulta).

Section 3. When in the process of trying to recover a stolen large cattle and footprints are last seen within the
bugis of another ili, the thief is presumed to be from the ili, in which case, the ili through the bodong holder will
pay the value thereof.

Section 4. Dimok di pita (stained or soiled bugis) where patoy is committed within a bugis, the offender shall
pay a fine of one carabao (multa) as darus/dimok pita, to the owner of the stained bugis. (as amended, 5 th
Kalinga bodong congress)
 Section 5. Wakwak - Any binodngan who kills a visitor whether a binodngan or
non-binodngan at his house or outside the house within the bugis within twelve
(12)hours is liable. The offender, in addition to the penalty of the crime committed, shall pay a fine (multa)
of one (1) carabao to be given to the host of the victim.

Section 6. When a person is killed in the house or yard of a binodngan, the offender, in addition to the
penalty for the killing, will pay a fine (multa) of one (1) carabao, payable to the owner of the house, plus
reasonable damages.

Section 7. In the same manner, when a binodngan is killed in a vehicle owned by a binodngan, the
offender shall pay one (1) carabao as multa, payable to the owner of the vehicle, plus reasonable damages.

Section 8. When theft or robbery is committed in the house or vehicle of a binodngan as above-
mentioned, the binodngan offender shall, in addition to the prescribed penalty of the crime committed, pay
a fine (multa) of one (1) carabao payable to the owner of the house or vehicle. (As amended, 5th Kalinga
bodong congress)

Section 9. When hold-up is committed in the bugis of a sub-tribe, the offender/s shall pay one (1) carabao
(multa) to the sub-tribe, in addition to the penalty of the crime committed. (as amended, 5th Kalinga
bodong congress)
ARTICLE VIII- CRIMES AGAINST WOMANHOOD

Section 1. Pugod / gobao (rape) - rape is committed by having carnal knowledge of a woman under any of the
following circumstance:
a. Use of force or intimidation;
b. Where a woman is deprived of reason or is rendered unconscious;
c. when asleep.

Section 2. Penalty - The penalty for rape is 12 carabaos.

Section 3. If as a result of rape, a child is born, the child is entitled to support, in addition to the penalty of rape.
Section 4. If after the rape, the parties agreed to marry, the penalty is extinguished.

Section 5. Any person who commits acts of lasciviousness, with lewd designs upon the person of a woman
under the circumstances provided for in Sec. 1, Art. VIII shall pay a fine (multa) of 1 carabao.

Section 6. Sokwao/daladag - Any married man having an illicit affair with the wife of another man and
their relationship was subsequently discovered, he shall be fine (mamulta) of one (1) carabao to be
butchered, during the settlement. In addition, he shall pay a fine (multa) of three (3) carabaos to be given to
the husband of the woman (dagdagas), and the married woman shall also be fined (mamulta) of two
(2) carabaos to be given to the wife of the offending husband.
Section 7. If the relationship is between a married man and an unmarried woman, the offending spouse shall be
fined (mamulta) of one (1) carabao to be butchered during the settlement. In addition, he and his paramour
(dagdagas), shall pay one carabao each to be given to the offended spouse.

Section 8. If a married woman carries an illicit affair with a single man, the single man shall be fine (mamulta)
of one carabao to be butchered during the settlement. In addition, the married woman (dagdagas) and the single
man shall pay one (1) carabao each to be given to the offended husband.

Section 9. If a husband or wife abandons permanently his or her spouse and cohabits with one another, the
offender shall pay a fine (multa) of 3 carabaos. If they have children, the offending spouse shall forfeit his/her
share of all their conjugal properties and provide support to the children.

Section 10. If the reason for leaving the spouse is due to repeated violence on his or her person, the spouse who
leaves the conjugal home is not liable, but he/she may give support when warranted.
Section 11. The spouse who inflicts injuries on his/her spouse shall be liable to the extent of the gravity of the
injuries inflicted in accordance with the provisions of the pagta.

Section 12. If as a result of repeated beating or by any brutal acts, the battered spouse is killed, the offending
spouse is liable to pay a fine of ten (10) carabaos by way of amicable settlement and provide support to the
children. If the offender is the one killed by the offended spouse, there is no liability/bug-oy.
Section 14. lukluk/lobak (desecrating a widow) – any man cohabiting with
a widow who is still in mourning shall be fined (mamulta) of one (1)
carabao and the widow shall pay P5,000.00 as baba-u to the heirs/relatives of
the deceased husband.

Section 15. Any legally married person who, having surprised his spouse in the
act of committing sexual intercourse with another person, shall kill any one of
them or both of them in the act or immediately thereafter, or shall inflict upon
them or any of them serious physical injuries shall not be liable, however he
shall pay reasonable financial assistance to the families of the victim. There is
no bug-uy.

Section 16. Toddak di babae (Abduction) - It is the taking away of any

woman against her will with force and lewd designs, the offender shall pay five
(5) carabaos. However, if the crime is a means employed in the commission of
the crime of rape, the offender shall be imposed the penalty for rape.
ARTICLE IX- CRIMES AGAINST PROPERTY

Section 1. Pulos (robbery) – If a person unlawfully takes the personal property of a binodngan through violence
against or intimidation of any person or force upon things, the offender shall pay triple the value of the thing
taken and shall be fined (mamulta) and pay a reasonable pagikna.

Section 2. If as a consequence of or on the occasion of robbery, a person is killed or injured, then the offender is
answerable to such death or injuries as penalized under Article VI. He shall return the thing taken or pay the
value thereof and shoulder the expenses of settlement plus a reasonable pagikna.

Section 3. If as a consequence of or on the occasion of robbery, rape is committed, the offender is liable for
rape. In addition, thereto, he shall shoulder the multa and the pagikna.

Section 4. Akaw (theft) – If any person takes the personal property of a binodngan without
his consent and without violence. The offender shall pay double the value of the thing stolen and be fined
(mamulta). He shall give reasonable pagikna.

Section 5. Any binodngan who purchases a personal property, knowing it to be stolen, shall return the same to
the owner or pay the value thereof. In addition, he shall be fined (mamulta). Under no circumstances will the
owner of the property be made to reimburse the payment made by the purchaser.
Section 6. AKAW DI LUWANG, BAKA unno KABAYO – in cases of cattle rustling, the offender shall return
the carabao or the value thereof. In addition, thereto, he shall give another carabao or its monetary value as
“gungpur/patun-od” and be

fined (mamulta) of one (1) carabao to be butchered and is obliged to give reasonable pagikna.

Section 7. Any binodngan who purchases large cattle, knowing it to be stolen, shall return the same to the owner
or pay the value thereof. In addition, he shall be fined (mamulta). Under no circumstances will the owner of the
large cattle be made to reimburse the payment made by the purchaser.

Section 8. PULO DI LUTA/PITA (land grabbing or squatting) – any person who, through force, intimidation,
stealth or deceit grabs and possesses the real property of another shall immediately turn over the possession to
the legal owner and shall be fined (mamulta), and in addition, give the pagikna. If the case is not resolved by the
bodong after exhaustive deliberations, the bodongholder shall extend his support to the victim to seek justice
in the regular court.
Section 9. SOGOB (arson) - Any binodngan who intentionally and maliciously burn any property of another
binodngan shall pay the value of the property and a fine (multa) of one (1) carabao as sobsob. In addition,
thereto, he shall pay reasonable damages and pagikna.
Section 10. Swindling or Estafa – If a binodngan defrauds another
person by taking undue advantage of or abusing his or her confidence
by converting into one’s personal benefit the money or property which
the victim had given in trust or deposited to the offender, the
offender shall pay double the value of the thing swindled and shall be
fined (mamulta).

Section 11. YAM-AN (Malicious Mischief)- Any person who shall

deliberately cause to the property of another any damage shall pay
double the value of the damage done and be fined (mamulta).

Section 12. IJUNJUN / IYAD-ADANI DI KIGAD (alteration of

boundaries) - Any person who shall deliberately alters boundaries or
transfer monuments or boundaries shall return the possession thereof
and be fined (mamulta).
ARTICLE X- CRIMINAL NEGLIGENCE

Section 1. Any person who by reckless imprudence, shall commit any act which, had it been intentional
constitutes a grave crime against person, shall be liable f o r death or injuries. Where death results therefrom,
the offender shall pay five
(5) carabaos. If injuries result therefrom, he shall shoulder the hospitalization expenses. If the result of the acts
constitutes damage to property, the offender shall repair the damages incurred. In all the above, the offender
shall shoulder the customary expenses of settlement (aliglo).

ARTICLE XI- OTHER CRIMES

Section 1. LIBEL/SLANDER - Any binodngan who shall maliciously and publicly impute to another the
commission of a crime, vice or defect, or any act or omission, condition, status or circumstance tending to cause
dishonor, discredit

or contempt of another, shall be fined (mamulta). The fine (multa) shall depend upon the gravity of the crime
imputed.

Section 2. TRESPASS TO DWELLING - Any person who enters the dwelling of another with intent to commit a
crime shall be fined (mamulta). If he committed a crime therein, he is liable for the crime he perpetuated.
Section 3. TUKUN / BA-ON - When a person is sent to do
some errands and he met an accident, the preceding
paragraph shall apply.

Section 4. Any person, who enters into the property of

another and introduce improvements therein without the
knowledge and consent of the owner, shall not be entitled to
reimbursement of his expenses. If he claims ownership, he
shall be ejected outright and be fined (mamulta).
ARTICLE XII- CIVIL OBLIGATIONS UNDER THE BODONG

Section 1. TOPOL / KABAW - Any binodngan who claims ownership and takes into possession the
personal property belonging to another when proven false shall return what was taken or pay the
value thereof plus multa.
Section 2. If a person is hired to do some manual labor, and is accidentally injured or killed while in
the performance of his job, the person who hired him shall not be liable under the bodong. However,
the person who hired him shall help defray the expenses incurred in connection with the death or
injury.

Section 3. TUKUN / BA-ON - When a person is sent to do some errands and he met an accident, the
preceding paragraph shall apply.

Section 4. Any person, who enters into the property of another and introduce improvements therein
without the knowledge and consent of the owner, shall not be entitled to reimbursement of his
expenses. If he claims ownership, he shall be ejected outright and be fined (mamulta).
ARTICLE X111 GENERAL PROVISIONS

Section 1. This pagta shall be officially promulgated in Filipino and English and translated into the Kalinga
dialect. In case of conflict, the English text shall prevail.

Section 2. Interpretation. In case of ambiguity of the provisions of this pagta, the rules on statutory construction
shall apply.

Section 3. When a case, through the initiative of the parties involved has been settled amicably, said settlement
is valid and binding and the case is deemed finally closed.

Section 4. the offenders in all cases settled under the Bodong shall apply the
pagikna and other customary practices where applicable.

ARTICLE XIV FINAL PROVISIONS

Section 1. the provisions of this Pagta shall supersede other Pagta adopted and duly authorized Bodong forums
or conventions, including all existing bilateral Pagta between subtribes, provided, that such bilateral pagta
shall constitute to govern them for as long as it does not contravene this pagta. Any provision contravening this
pagta is void.
ARTICLE XV AMENDMENTS

Section 1. Proposal to amend or revise – proposal to amend of revise this pagta may be made
directly by a simple majority of the members present, there being a quorum in a meeting called
for the purpose.

Section 2. Effectivity – Amendments or revisions of this Pagta shall take effect upon approval or
ratification by a simple majority of the members present in a meeting called for the purpose.

UNANIMOUSLY ADOPTED AND APPROVED on September 13,

1998 at
BIBAK_NAS Auditorium, Bulanao, Tabuk, Kalinga.
Thank You!
Question