Conϔlict Studies Quarterly

Philippines:
A Review of the Traditional Conϐlict Resolution
Practices Among Indigenous Cultural Communities

Primitivo C. RAGANDANG III

Abstract. This paper reviews the previous studies related to traditional conϔlict resolution practices
of different indigenous cultural communities in the Philippines. Arranged according to tribes from
three major island groups of the Philippines (i.e., Luzon, Visayas, Mindanao), it includes discussion
on the system of conϔlict resolution among tribes, traditional means of conϔlict resolution among
indigenous peoples, and forms and nature of punishments employed.
Keywords: traditional, conϔlict resolution, indigenous, elders, mediation, negotiation.

Luzon, Northern Philippines

The Democratic Progress Institute
(2012) revealed that the most pre-
ferred and popular form of settling dis-
putes among the cultural communities
in the Philippines is mediation. This is
because of the small number of cultural
communities, in turn making it the most
effective and fastest way of addressing
disputes (Rio, 2016). According to the Prof. Primitivo C. RAGANDANG III
Department of Political Science
renowned anthropologist Felipe Landa
Mindanao State University-Iligan
Jocano (1968), the people who are cho- Institute of Technology
sen as mediators or arbiters are those Iligan City, Philippines
who are regarded by the community E-mail: prime.tivo@gmail.com
with utmost respect and credibility.
This situation is general for most of the Con lict Studies Quarterly
traditional practices around the globe, Issue 23, April 2018, pp. 78-90
from the traditional Gypsies in Eastern
Europe (Sandu, 2018) to the elders from DOI:10.24193/csq.23.4
Africa or the Chechens in the Caucasus Published First Online: 04/10/2018

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 Issue 23, April 2018

region. Their effectiveness is realized when they are able to address the disputes in
their early stages, thereby preventing their escalation to a more violent phase (Jocano,
1968). Durante (2005) added that “they functioned to examine the evidence, evaluate
testimonies, render judgment and de ine the penalty for the offense to preserve or
restore community relationships”.
In the book Creating the Third Force: Indigenous Processes of Peacemaking, one of the
chapters which was contributed by Barnes and Magdalena (2016) was dedicated on
exploring the traditional peacemaking processes among indigenous populations in the
Northern and Southern Philippines. The Kalinga people of the Cordillera region in Luzon,
they wrote, “originated the Bodong, a political institution that facilitates the resolution
of intervillage or inter-regional con licts”. In English, the term translates into “a ‘peace
pact’ which in practice de ines the behavior of two neighboring village populations while
members of each are in the territory of the other”. Again, this is very resembling with
other parts of the world. For example, the Gyspsies all around the world use the word
Kris for the Gypsy court and krisinitor for the judge. In their language this means “making
peace” and “the one who makes the pace” (Sandu, 2018). The peace pact holders, which
are the host villages, are responsible for making sure that the boundaries are properly
policed so that no one is killed or seriously injured within their territory (p. 210).
Another group is the Ifugao, which means “people of the hills”. Barnes and Magdalena
(2016) observed that the Ifugaos employ different means of con lict resolution de-
pending on the nature of the con lict. Generally, this group has an institution of a “go-
between” named the monkalun to carry out negotiations. This mediator is “selected
for his prestige, high ‘face’, and wisdom as perceived by the community” (p. 211). In
particular, one cause of con lict among the Ifugaos is the muyong, “an untilled slope
covered mainly with timber, fruit trees, climbing rattan, bamboo, palms, and other
natural vegetation” (Serrano and Cadaweng, as cited by Barnes and Magdalena, 2016).
These small-forested areas play a critical role in the sustenance of the people. It stores
the rainfall while slowly releasing it throughout the year to irrigate the rice terraces.
It also provides 171 fuel wood species, 112 wood species used in construction, 70
species that provide food, and 10 varieties of rattan. Given these bene its, they have
developed a system of punishment for anyone who will try to destroy it. If a person is
caught stealing from the muyong, s/he must go before the tribal elders to be severely
reprimanded. They are required to compensate the owner of the muyong for the loss.
If there is a second offense, the owner can demand restitution through a third party
negotiator (possibly a monkalun). A third offense indicates that the perpetrator may lack
appropriate respect for the owners and elders, and so the issue could end in violence
(Barnes and Magdalena, 2016, p. 212).
Another form of con lict resolution among the Ifugaos is an ordeal called haddaccan
(derived from the word ihadac, which means “to rectify a mistake” or to “put right a

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 Conϔlict Studies Quarterly

wrongdoing”) used to settle boundary con licts which are usually considered as more
serious issues. These con licts involve two different individuals claiming the same uma
(fallow swidden land) while that land is naturally regenerating. The two parties, work-
ing through a mediator, would typically decide whether the I bultong or I uggub is used.
I bultong involves a wrestling match between the two contending parties. Each party
may either choose to wrestle himself or to select one of his relatives to ight, with a
rule that the opposing wrestlers must be evenly matched. In I uggub, the combatants
throw runo (reeds) fronds and eggs at one another. After the performance of either
ordeal, a peacemaking rite called hidit is conducted to thank and assure the gods that
both parties will peacefully abide by it (Serrano and Cadaweng, as cited by Barnes &
Magdalena, 2016, p. 213).
The Tinggians are another indigenous group in the Cordillera Region of Luzon. The all-
male lalakay (the word lakay is an Ilokano term for “old male”) council of elders settles
misbehavior and misdemeanors in the Tinggian society. Wrongdoers are ined or ordered
to provide food for the elders settling the case. If for some reason an offender cannot be
located, the community resorts to sapata that tries an offender in absentia via an elder
who is an authority on the practice of bagawas. The bagawas is a ritual done at sunrise
in which the elder conducting the sapata prays that something tragic such as a bloated
stomach or swollen feet will befall the violator (Barnes & Magdalena, 2016, p. 214).
According to Aro, as cited by Banaag (2015), the traditional way of con lict resolution in
Benguet which is still practiced today is called the Tongtongan. A council of elders which
were chosen based on their knowledge and wisdom, led by its oldest member, mediates
the process. It starts on inding out the root cause of the dispute, then negotiating a
settlement followed by the elders giving their advice. When a decision is reached, the
offender is punished by butchering pig, dog, chicken, or whatever the winning party
demands. The weight of the penalty increases depending on the intensity of the crime.
In rare occasions, disputes are resolved through a “toss coin” (pp. 13-14).
In their study concerning indigenous governance practices in the Philippines, Buendia,
Brillantes, Mendoza, Guiam, and Sambeli (2006) created an inventory of the justice and
con lict system of some indigenous groups. In Northern Luzon, the Ivatans penalized
whoever stirred up trouble in the community. Grave crimes such as homicide, witchcraft,
and murder by poison were punishable by death while less serious crimes like robbery,
theft, and adultery were reprimanded by ine. The Ivatans consider burying alive as
their severest punishment (Hornedo, as cited by Buendia et al., 2006).

Visayas, Central Philippines

In his study entitled “Indigenous Dispute Settlement: Learning from the Panay Bukidnon
Tribe,” Professor Irving Domingo L. Rio (2016) discovered that vengeance is the un-
derlying principle of the justice system of the Panay-Bukidnon culture in the Visayan

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region. For most members of the tribe, the penalty of incarceration cannot compensate
for the loss of a family member. The bereaved family considers vengeance as a shared
community obligation rather than a personal pursuit. Failure to avenge can create an
impression of the crime committed as just and predisposes a family to abuse by other
members of the community. Retaliation that results to death of members of the other
tribe or family provides a counterbalance for the loss (Rio, 2016, p. 76). Speci ically,
this custom is called the Kantang. Kantang is the practice of leaving the dead unburied
and placing the dead body, without the cof in, on a bamboo bed outside the aggrieved
family’s house. The decomposing body is left in the open until there is a durog or part-
ner dead body from the assailant or anyone from the assailant’s family or clan. As such,
Kantang aims to dramatize the extent of grief that family members have as a result of
the murder (Rio, 2016, p.78).

Mindanao, Southern Philippines

A study conducted by Pailig Development Foundation, Inc. (2007) on rido in Mindanao
reveal that the most common prevailing measure, especially with Maranaos, to bring
a rido to an end is an initiated or forced wedding in order to ensure a strong and last-
ing good relationship between two rivaling families. Traditional tribal leaders such
as a Sultan, Datu, or council of elders (as part of the barangay government), would be
responsible in the irst instance for the settlement of disputes in their area of jurisdic-
tion. However, if a rido cannot be nipped in the bud through the early intervention of
the traditional leaders, the traditional procedure of con lict resolution will be applied.
Sumaguina (2000) conducted a similar study entitled “Autonomous Authority of
Maranao Indigenous Institutions on Con lict Resolution”. In his indings, Sumaguina
stressed that con licts which are committed by Maranaos who are related to each other
by blood are customarily settled through the Maranao kinship system of kokoman-a-
kambetabata’a1 (kinship system of social justice). However, Maranao con licts which
are classi ied as of “higher intensity and gravity” are submitted to a sophisticated and
strategic mediator or team of arbitrators for a peaceful method of settlement.
“The resolution of con licts,” according to Sumaguina (2000) “is not easy, it is not merely
ritualistic; it is dif icult and its process is very dynamic. Its dynamism lies in the Maranao
system of mediation”. In fact, Sumaguina (2000) found out that the mediation process
is very crucial; it likely determines the success or failure of the peaceful management
of Maranao con licts. The more strategic the chosen mediator or team of mediators, the
easier the Maranao con lict is to be put under control (Sumaguina, 2000).
Moreover, Sumaguina (2000) mentioned that there are two kinds of Maranao con licts
which are easier for the Maranaos to resolve by peaceful means. The irst kind is called

1 Kokoman means justice, while kambetabata’a implies relationship by blood.

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 Conϔlict Studies Quarterly

rido-o-totonganaya or con lict arising between Maranaos who belong to one and the
same kinship group. In this kind of con lict, the Maranaos just resolve it through the
system of kokoman-a-kambetabata’a. This system has an advantage over the due pro-
cess of law or any other Maranao indigenous methods of dispute settlement. This is on
the grounds that such a system is more ef icient, more economical, a faster method of
dispute settlement to the element of kinship or blood ties. The con licting parties to the
dispute tend to be easily reconciled to keep their blood ties from being broken. Because
of kinship consideration, the punishments or damages to be imposed are very minimal.
The second kind Maranao con lict of lesser gravity and intensity is the rido-o-sesala-
kawa-a-tao a damakamaolika.2 In this kind of Maranao con lict, an informally organized
traditional court or committee in the community where the con lict arose may intervene
to put the dispute under control for the sake of peace and order in the community
(Sumaguina, 2000).
Furthermore, Sumaguina (2000) found out that when a con lict occurs in the commu-
nity, the relatives of the disputants would close ranks to provide some moral, inancial,
physical or human support to their relatives who are involved in the con lict or dispute.
It was found out also that when a con lict inally breaks out into factional violence
through revenge and counter-revenge, the legal and the traditional authorities tend to
become helpless to take authoritative actions. Even the law enforcers would not dare
to exercise their governmental authority to control the warring factions who are usu-
ally heavily armed and strongly supported on both sides by their respective kinsmen
(Sumaguina, 2000).
The Presidential Commission for the Rehabilitation and Development of Southern
Philippines or PCRDSP (1980: 67) revealed that in the act of maintaining peace and
order in the community, pangalawat3 is practiced among the Bukidnons4 and Manobos.5

2 It refers to con licts between Maranaos who are not related to each other by blood, but it does not
in lict moral, physical and material damages.
3 Pangalawat is one of the economic and ethical anchors of Bukidnon and Manuvu society. Anyone
in need of any object or item can go to any person who has it and request for it. The person in
possession of the said item or object requested is then under obligation to relinquish the item. If
one needed a pig, for example, all that is needed is to have a rope to tie it, go to someone who has
a pig and the owner is ethically bound to give it up. On such an occasion, however, the recipient of
the pig or some other item is under obligation to invite the owner to pay a visit within a month or
two so that a reciprocal favor can be given.
4 Bukidnon comes from two words, “bukid” (mountain) and “non” (people), thus, “mountain people.”
They are located in northern Bukidnon Province, western Agusan, and southern Misamis Oriental.
Their language is called “binukid.”
5 Manobo or “Manuvu” or “Minuvu” literally means “person or people.” They belong to the original
stock of proto-Philippine or proto- Austronesian people who came from South China Sea, earlier
than the Ifugao and other terrace-building people of northern Luzon.

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The consequence of the pangalawat, however, is on the architectural form of the houses.
It was noted that the house of a certain Datu Namnam was originally so open that even
his family room is completely accessible to any intruder. As a result of acculturation,
only it was when he built a new house did he become aware of privacy: he carefully
enclosed his new family room and even provided a system of locks outside and inside
his doorway-a most unusual act because normally, every bit of property was available
to everyone to borrow or use.
A similar study was conducted by Humpa (2002) entitled, “The System of Con lict
Resolution of the Thimuays6 in the Three Barangays of Lapuyan, Zamboanga del Sur”. In
this study, the researcher found out that no common steps are followed by the Thimuays
in resolving con licts. By calling the con licting parties, the Thimuays assume jurisdic-
tion in the resolution of complaints. Yet, there are no formalities required in iling the
complaint. However, it was found also that the decisions of the Thimuays about those
con licts were inal.
Among the Aetas7 living at the foot of Mt. Pinatubo, trouble between families may arise
due to the failure of the husband’s family to pay the bandi8. Another cause of con lict
was elopement with someone to whom one is not engaged. Also, that divorce is rare but
can be arranged through mutual consent. Grounds for divorce may be laziness, cruelty,
unfaithfulness and the like. The issue is decided by a council from both the kin groups.
The guilty spouse loses custody of the children. Both parties are free to remarry after
divorce. If the woman is the guilty party, she must return the bandi.
Moreover, the society of Agusan Provinces in Caraga region is said to be a warrior
society in which revenge was considered a religious act. Therefore, customary law
is based on the right of revenge, usually committed as a ritual act. Revenge by kill-
ing is allowed for the following crimes: adultery, fornication, rape and homicide. If
one cannot avenge himself on the culprit, he has the right to declare as vendetta on
a culprit’s relative. All other crimes are settled by an imposition of ines. Customary
law upholds respect to a person’s property. For crimes like theft or nonpayment of
debts, testimony and arbitration are combined with a trial by ordeal. Examples are
the plunging of the suspect’s hands into boiling water, diving in water or placing one’s
hand under a candle. Innocence is proven if one of the suspects passed the ordeal
unscathed (CCP, 1994).

6 Thimuays (or heads) composed the tribal leaders in a Subanen tribe.

7 They were also known as “baluga,” especially those of the Pampanga side of Mt. Pinatubo. They are
part of bands residing in mountainous, forested areas of the archipelago from Luzon to Mindanao.
8 A bride-price given by the groom to the family of the woman, which can be bows, bolo, cloth,
homemade shotguns, and money.

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 Conϔlict Studies Quarterly

Miller (1905, as cited by CCP) revealed that in the past, divorce was unknown in Batak9
society, and not even adultery could dissolve a marriage. In lieu of divorce, adultery
is punishable by public whipping. Nevertheless, should the husband consent, his wife
could go to the offending man upon payment by the latter of a certain amount of ines.
Or, both men can live with the woman, with the second husband acting as no more as
servant for the irst husband, who will exercise all authority and has the right not to
work. At present, the practice is that if a man wants to divorce his wife, he calls for a
surigiden10 to hear the case. Before this body, he lays downs the reasons why he seeks
a divorce. If the body rules in his favor and he is granted the divorce, he is required to
pay the woman a certain amount of money in exchange for the separation. On the other
hand, when a woman takes a second husband, the latter supports not only the woman
but also her irst husband, and all his children by her. Aside from deciding cases involv-
ing relations between men and women, the surigiden is also expected to be present at
all ritual activities usually observed for the curing of illness. In these rituals, there is a
babaylan11 (shaman or healer) who presides.
Among the Bukidnons, a hierarchy of datuship, with the chief datu holding the symbol
of authority, the giling12, remains the paramount anchor of social organization as well as
the keeper of traditional values which are still essentially intact. Bukidnon is the name
given to the people inhabiting the inland parts of Misamis Oriental, Western Agusan
and Northern Bukidnon in Mindanao. The Higaunon tribe is one of the many tribes
that can be found in Bukidnon. Northern Mindanao is a medley of cultural encounters.
To the settlers from the Visayas who are attracted by the rich resources of Mindanao,
it is a new frontier. For the indigenous society, each encounter is a test of will as well
as their capacity to adapt. Historically, the hill peoples of Bukidnon, together with the
Manobos and Subanons, have been pushed into the interior parts of the region by the
more advanced and aggressive cultural groups. First of these groups are the Muslim
raiders, and then by the Christians who settled the lowlands, coming from the Visayas
during the Spanish period up to the American regime, with the greatest number of
them coming in during the Commonwealth government. As has been noted, the setting
is a natural one for con lict. Spanish colonization failed to bring about a synthesis of
cultures in the region (PCRDSP,1980). Culturally and linguistically, the Bukidnons are

9 The word Batak means “mountain people.” Because of their physical characteristics, they are clas-
si ied as Philippine Aetas. They live mainly in small settlements near Puerto Princesa City, Palawan.
10 A council of male arbitrators composed of all resident adult males in a large local group of Batak
society.
11 Shaman, healer or priest. It is believed that he establishes the relationship between Deities and
men.
12 It is a black scepter possessed by the datu, symbolizing the position of “the highest datu of
Bukidnon.”

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related to the Manobos. Among the Bukidnons, the term “manobo” carries a pejorative
note because it means “people without law.” Indeed, it is the strict observance of tradi-
tional laws (or batassan) and the land which shaped their culture.
Therefore, the lumads have their own way of con lict resolution among the problems
arising within the tribe. In most cases, con licts involve relationships between husband
and wife in the tribe. Common crimes such as stealing and murder are also seen as
roots of con lict. This system of con lict resolution among the lumads is an obvious
manifestation of their traditional culture that they have preserved through the years.
Apparently, their system of con lict resolution is approved and respected by the mem-
bers of the tribe.
Based on the data above, it can be inferred that indigenous cultural communities were
governed by their own traditional political system. Contrary to what the early coloniz-
ers claimed, the indigenous people have their own system that governs the relation-
ship of the members of the tribe. It can be noted also that they were able to preserve
and pass the tradition to their sons and daughters. More so, the researches imply that
this political system conforms to their cultures and traditions. Also, paganism is but a
noticeable feature among many indigenous cultural communities; it is manifested in
their ways of living.
In his book Elements of Filipino Philosophy, Mercado (1993) held that the concept of
retribution comes under various names. One aspect comes under that of debt and its
payment. Payment is not only in terms of inancial debt but also of moral debt. This is
implied in the expression ‘magbayad ka sa imong pag-insulto kanako’ (You’ll pay for
insulting me). In Tagalog, pagbabayad is expiation for a fault and pagbabayad-puri is
expiation or atonement. To kill someone is to borrow life: humiram ng buhay in Tagalog
or utang sa hari (literary ‘debt to the king’) in Visayan. ‘Bayad ’ sa utang in Visayan means
daughter.13 Another form of retribution is gaba/busong/lunod (curse).14
Mercado (1993) continued that Filipinos are also realistic. Gaba alone is not suf icient,
because some men will continue to do evil. Hence, rural Filipinos use sorcery as a form
of sanction. In his study of Cebuano sorcery, Lieban (as cited by Mercado) concluded
that legitimate social sanctions are inadequate to prevent serious social discords such as
land disputes, courtship and marital cases. Among the Thimuays of Lapuyan, Zamboanga
del Sur, penalties and sanctions are also imposed. These penalties include collection of
damages, death penalty, public contempt, and supernatural sanctions. Such penalties

13 The explanation is this: a man who impregnates woman other than his wife has to pay for his
adulteries by allowing his daughter/s in turn to be impregnated by others.
14 Gaba is quite similar to the doctrine of karma in Hinduism and Buddhism. It is also similar to
biblical doctrine of reaping what one sows (Mercado, 1993).

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 Conϔlict Studies Quarterly

are seen as effective means in maintaining the peace and order of the Subanen tribe. In
settling con licts, the Thimuays of Lapuyan employ oral laws. Moreover, Humpa (2002)
stressed that oral traditions and laws of the Subanen are passed from generation to
generation. In settling these con licts, however, cases are either solved or remain un-
solved (Humpa, 2002).
Moreover, a study by PCRDSP (1980) about the Bagobos15 reveals that there were not so
many thefts among the Bagobos. It was reported that they had a most ef icacious way
of ferreting out thieves by means of the bongat.16 This consists of two small containers
made from the joints of a bamboo tree. They contain some mysterious powder which
was used to discover thieves in this manner: if one had been robbed and wished to ind
out who did it, he took an egg and make a hole in it. Then a pinch of powder from the
bongat is put into the egg which was then put into the ire. It is believed that wherever
the thief is, he would be compelled to disclose his guilt because of the sharp pains all
over his body. He could even be put to death simply by breaking the egg but, since the
one performing the bongat may not want the thief killed, he could just wait for the thief
to confess. Afterwards, as a remedy for the pains caused by the bongat, the guilty one
is bathed in water mixed with the other powder from the bongat.
Furthermore, it is a general principle that, among the Manobos, it is considered obliga-
tory to seek redress for all wrongs done. The tawagan system permits a Manobo to
kill or seize anything, provided that he has tried all other means to settle the dispute
amicably. Minor offenses such as stealing, slandering, failure to pay debts, deception
that causes damage to another person, and disrespect towards another property are
punishable. However, when the credibility of the suspect is doubted, it is veri ied by
means of a ritual. This is called to-tugo.17 There are ordeals made to determine the in-
nocence or guilt of a person. The irst is the hot water ordeal, where an anklet or an
earring is put into boiling water, and the suspects are ordered to submerge their hands
to get the item. He who his hands is scalded, is considered as the guilty one. Then there
is the diving ordeal, where the suspects are made to stay under water. The one who
comes out of the water irst is considered the culprit. The third is the candle ordeal
where the candles of the same size are given to the suspects. These are lit at the same
time and kept away from the wind. The suspects stand holding the candles. The one
whose candle is put off irst is considered the guilty one.

15 They belong to proto-Malayan race. The Bagobos were the irst ethnic group in Mindanao encoun-
tered by the Spaniards at the end of the 19th century.
16 It is a practice of divination involving mysterious powders inserted into a chicken egg. This was
believed to cause so much pain in thieves, that they would be compelled to confess.
17 This is done by burning of the wax, a ceremony that maybe used on witnesses and on those who
are required to tell the truth. The accused is made to appear in a public assembly. He is confronted
with witnesses, and, if they testify against him, he admits to the guilt.

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A study by Pailig Development Foundation, Inc. (2007) on rido in Mindanao reveals

that the amount of compensation is more or less negotiable but to a certain degree
determined through the traditional procedure of con lict settlement. The application
of punitive laws would, from a traditional point of view, make the situation worse. The
imprisonment of a wrongdoer would not be perceived as a punishment since he would
be “better off” than the victim’s family; still alive with ‘regular meals’ and without having
paid any kind of compensation. For traditional communities this would be an obvious
win-lose situation.
A study conducted by Moner (2015) regarding the inter-ethnic con lict between the
Higaonons and Maranaos showed that in resolving their con lict which is rooted on land,
petty crimes, wife-grabbing, and politics; customary laws were relied upon. Both groups
have their own set of customary law, which is the Batasan Adansil and the Taritib ago
Ijma, respectively. When settling disputes, either one is used over the other or both can
be used depending on the parties involved and the discretion of the mediator- arbiter
(pp. 61-62). If the Batasan Adansil is to be used, then both or either of the con licting
parties must be a Higaonon. Compensations were stipulated based on the nature of
the case. If it is a major case, which includes deaths or serious injuries, the offender is
required to give a blood money called Bangon to the aggrieved party, which is consist
of four sacks of rice, one carabao, and P 50, 000. On the other hand, the Taritib ago Ijma
requires that both the con licting parties are Maranaos. This law speci ies that in all
cases, the perpetrator should provide a blood money to the aggrieved party comprising
four sacks of rice, one carabao, and P 100,000 (Moner, 2015, pp. 63-66).
Among the Tedurays (or Tirurays) located in Upi and South Upi in Mindanao, con lict
and peacemaking are anchored on tiyawan (social relationship) and local arbiters called
kefeduwan. Tiyawan is responsible for handling personal encounters which resulted in
death and marriage. The kefeduwans, some of which are women, settle disputes peace-
fully with the intercession of village leaders, both of which have considerable expertise
of the adat or customary law (Schlegel, as cited by Barnes & Magdalena, 2016).
In a study entitled “Indigenous Administration of Justice and its impact on the Protection
of Children: The Tagabawa-Bagobo and Subanen Experience,” Save the Children (2006)
drew on the con lict resolution of both indigenous groups in Mindanao with a high-
light on the latter. Among the Subanens in Barangay Bag-ong Matalang, Lakewood
Municipality, Zamboanga del Sur, a leader named as Timuay (from the word timu which
means “to gather”) and a council of elders is responsible for the administration of
justice. They possess a good memory of their unwritten customary laws called Batad
Banwa Subanen which covers disputes regarding land and property, marriage and ex-
tramarital relationship, and crimes against life, to name a few. During the process of
resolving conflicts, through the intercession of the Timuay, the one who is at fault offers
the aggrieved party a daga (a ceremony where both parties offer animal sacrifices as a

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symbol of their willingness to be reconciled) and pays the necessary penalty to soothe
bad feelings and restore good relations (Save the Children UK, 2006).
Buendia et al. (2006), quoting Maceda (1975), noted that among the Mamanua found
in Northeast Mindanao, a headman presided over problems in the judicial system and
rendered punishments. It was reported that ostracism was the most common punish-
ment. Furthermore, unlike other ethnic groups, the Mamanua women had crucial role
in their society. Because they were helpful in easing the anger of the headman, the
community’s problems were oftentimes referred to them irst.
Limikid (2002) aptly stated that for the Mansaka, an intervention of a matikadong in
con licts was necessary in order to prevent the existence of a tribal war. When settling
disputes, an unusual festive celebration with food was often prepared during an as-
sembly. This was followed by an investigation of the case, consultation with the leaders
and enforcement of penalties.
The Manobos celebrate the culture of retaliatory killing as a form of punishment. When
a murder is done, an immediate response called pangayaw was made. It is a pattern
of vengeance wherein a warrior leader (bagani) from the offended party retaliates by
killing the perpetrator (Montillo-Burton, Matuan, Poingan, & Alovera, as cited by Barnes
and Magdalena, 2016).
Save the Children UK (2006) elucidated that among the Subanens, a corresponding
punishment is made for each crime. Once a perpetrator is found guilty of rape, s/he is
ordered to offer as a fine an amount that is almost impossible for him to produce such
as a carabao. For theft, if the accused denies the allegation, he would be asked to get a
needle placed at the bottom of a pot of boiling water. If he succeeds in getting the needle,
this would prove his innocence and the accuser would be punished. If a man refuses to
acknowledge responsibility for the pregnancy of a woman, he would be subjected to
a test by challenging him to hack the midsection of the pregnant woman’s body. If the
woman is lying, she would be too scared to go through the procedure. However, this
approach is only employed when the Timuays are not able to settle the argument after
having exhausted all efforts through mediation. In cases of crimes committed against
property, fines are based on the value of the property stolen or destroyed (p. 34).
Among the Isama of Mindanao, death was the punishment rendered for those who
committed grave acts like murder and homicide. Less serious acts like theft and rob-
bery were punishable by cutting off the ingers or hands of the culprit. The number
of ingers to be cut depended on the gravity of the offense as judged by Ruma Bitiara
(Buendia et al., 2006, p. 34).

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 Issue 23, April 2018

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