JULY 4, 2021 IN-DEPTH ANALYSIS OF THE TRIBAL JUDICIARY SYSTEM - SAN FERNANDO BUKIDNON

Project Title:  In-depth Analysis of the Tribal Judiciary System

Venue:  Bukidnon

Grantee:  Federation of Tribal Youth Council

Target Interviewee:  All Municipal Indigenous Peoples Mandatory Representative

Project Coordinator:  Agnes Nieva Escudero

 

 

 

1.1       Background

Federation of Tribal Youth Council in partnership with the National Commission for Culture and the Arts implemented the project In-depth Analysis of the Tribal Judiciary System despite the accelerating Covid cases in the Philippines. 

 

1.2   Objectives of the project

The objectives of the project are as follows:

1.      To make the youths of today fully aware of the Tribal Judiciary procedures being conducted by the Elders of various Tribal Councils in Mindanao.

2.      To make a comparison of the Tribal Judiciary Procedures from one tribe to another tribe.

3.      To make a comparison of the Tribal Judiciary System of the olden times and of the present procedure.

4.      To identify Tribal Leaders, Datu, and Bae who are still implementing the Tribal Judiciary System through the Customary Laws and Traditions.

5.      To compare the procedures of implementing the Customary Laws and Tradition between Tribes and Tribal Leaders.

6.      To widen the information about the Tribal Judiciary System through social media.

7.      To conduct interviews and rituals for this specific project.

1.3    Description of the Project

The project was implemented during the Covid 19 Pandemic season making changes in the original proposal.   The In-depth Analysis of the Tribal Judiciary System paved way in discovering the various procedures of the Tribal Leaders in settling disputes in their community.  The manner of conducting interview were done by going to the community:

1. By conducting actual interview to the Balaghusay/Manhuhusay .

2.  Observing/ documenting actual Husay or Hukuman (actual settling of disputes) in the community and

3. Conduct of interview to Barangay Chieftains, Municipal IPMRs, Barangay IPMRs , Tribal leaders.

2.     ACTUAL IMPLEMENTATION

2.1 Description of the venue

The venues of the interviews were at the following places/individuals and groups.

1.      Quemtras Quezon Bukidnon

2.      Sentro Quezon Bukidnon

3.      Panubaran of Datu Insalsal in Don carlos Bukidnon

4.      Panubaran in Kalilangan Bukidnon

5.      Tribal Hall of Datu Alim in Kitaotao Bukidnon

6.      Panubaran of Datu Anggaan in Damulog Bukidnon

7.      Tribal Hall of FTYC in Valencia City Bukdinon

8.      Zoom Meeting with the Tboli NCIP officer

9.      Pigtauranan Pangantucan Bukidnon

10.  Talakag Tribal Council

11.  Manolo Fortich Municipal IPMR

12.  Sumilao Municipal IPMR

13.  Municipal IPMR of Kalilangan

14.  Dangcagan Municipal IPMR

15.  Dangcagan Municipal Chieftain

16.  Dangcagan Barangan IPMR

17.  Tboli NCIP Employee

18.  San Fernando Bukidnon IPMR

 

2.2 Description of activities

An in-depth Analysis of the Tribal Judiciary System is a project that aims to interview tribal leaders who are functioning as judges/manhuhusay/manhuhukom in their respective localities.  In pursuit of vital information on this matter, we have interviewed tribal leaders in their communities, and at the same time we have attended several actual Tribal Conflict resolutions in various areas like in Maramag and Pangantucan to see for ourselves the procedure of Paghusay.  The rest of the project are personal interviews with tribal leaders in their respective areas of responsibility like the IPMR of Manolo Forticg, the IPMR of Sumilao along with his Barangay IPMRs, the Municipal Chieftain of San Fernando, The Barangay Chieftain of San Fernando, the Municipal Chieftain of Dangacagan, the Barangay Chieftain of Dangcagan, The Municipal IPMR of Dangcagan, Baylan Julito Penaso on the actual husay in Kuya Maramag Bukidnon, actual husay with the Municipal IPMR of the Muncipality of Pangantucan, Barangay IPMR of Pigtauranan Pangantucan, Barangay Captain of Pigtauranan and Barangay Chieftain of Pigtauranan Pangantucan, Limbobongan of Baungon Bukidnon, Datu Linggi Inhagidan with his Sabandal and Manhuhusay and many others.

It is good to interview the Datu but a profound analysis can be made during the actual Husay because you can feel the intensity of the conflict, and you can see the facial expressions of the complainant and the respond

03.      EVALUATION

3.1 Cite the issues/concerns raised. Summary of the interviews being conducted.

1.     Most of the Tribal Leaders said that the Tribal Judiciary System has been in existence since time immemorial and it has been practiced in every community, tribe, and household.

2.    Bae Nay Inday Saway of the Talaandig Tribe youngest wife of datu Kinulintang said there is what they call AGT – Adpangan, Gantangan ( unsa ang gidaghanon, what are those contents, is the information valid?  Timbangan – san ang pinakamabigat sa mga sinabi niya? Ilan ang Mabuti, ilang ang masama so that she can arrive at a fair decision. A system she used/based during settling of dispute.  She has to weigh the information given to her and make a decision based on cultural tradition. 3.    Bay Nay Saway said as a manhuhusay you have to be very careful with the words you utter. If ever before you make a statement you must personally validate your decision, hindi ka ba magkakamali saiyong pagka Bae. A Bae has a great responsibility. 4.    The decent way to ask for help to a Bae or Datu customarily is by giving a Datu/Bae a white and red cloth with money usually 8 pesos this is the decent approach not only to the person but to the spirit guiding the Datu and the Bae. 5.    The Red Cloth symbolizes the Tagolambong, meaning the spirit that brings/gives you strength ion your decisions, in your reasoning and the White Cloth is for purity of intentions along with chickens. 6.    She said she find the recent cases she used to solve may it be in the barangay, in the community and within barrios to be very disturbing because most are cases of what she called “for adults only” and these cases are very sensitive since mostly are Marital Problems, sexual problems, assault, rape and mother and father undesirable attitudes. 7.    A strong leader should have long patience (sapaw sapaw na pasensiya).  Even if you think you have to be angry but you have to be patient. 8.    There are times that by saying the truth they are hurt but truth really hurts.  The new generation of today is not the same of the old generation. In the olden times you can speak through proverbs or saying and they will know the message within it but now the generation of today does not quality with that you have to be straight to the point.  Reality sometimes causes us pain and acceptance of reality is fair. 9.    Grave cases like murder but she does not interfere with that. 10.   Cause of broken relationships nowadays is the cellphone and social media. 11.   Since, she is not alone in solving all these cases they do not find it hard to settle because the wisdom of one Bae and Datu is being uttered during the Husay and so both parties the complainant and the respondent has to come in a settlement where both parties must agree.

Interview with Bae Makumpot – Erna Lunaan from Imbatog Baungon Bukidnon a former Teacher by the name of Erna Lunaan of the Higaonon Tribe also known as Bae Makumpot (resourceful bae). 86 years old. Widow. She had 4 siblings. Her husband is from the Manobo Tribe. His Father Datu Kuluba is the Mayor in Baungon for 27 years he was appointed Mayor of Baungon. 20 years of age started as a Tribal Leader up until he died at the age of 92.  By birthright he she is the next in line in doing the responsibilities of her father since is the eldest in the family. She was a teacher in Central Mindanao University until 1972 and then transferred in Xavier University. Her husband was the Head of the Animal Science in Department in Central Mindano University also. She also worked as a Liason Officer and had experience in Administrative work.  1.     Higaonon Tribes strive hard to finish school. 2.    Bae Makumpot is the current Limbobongan in the Municipality of Baungon.  In 1991 she started working with her co-IP. Ang pagsilbi sa tribo ayaw pangandoy ug sweldo. Never ka mangayo na magpayad ka saimong pag serbisyo. 3.    Leadership in the tribe according to his father is complicated. 4.    In times of conflict be firm with your principles. If you find it hard to make a decision consult someone who is older than you. 5.    Problem in their ancestral domain- sapaw sapaw ang applikante. 6.    By virtue of the arbitrary justice system justice be serve. 7.    Indigenous leadership have moral and spiritual responsibilities based on love. 8.    First step in solving:    1.What are the causes of the conflict? 2.  Who are the persons involve?   9.      Gasalaon ka – many doesn’t know the meaning of this.   What is Sala? The Balaghusay cannot  settle conflict without the Baylan and Limbobongan.  The Baylan evaluates and approves the penalty. The bargaining is with the Baylan. If the datu who stand for the accuse does not know how to bargain then the Baylan has to execute fair penalty. The heaviness of the penalty can be lessened with the help of the Limbobongan and the Baylan. 10.  Problems in Baungon:  The Balaghusay does not know how to detail the violation they go direct to penalty. 11.  There are 3 Kinds of Gantangan a.     We have 7 Gantangan b.    We have 6 Gantangan c.     We have 9 Gantangan   d.    In the tribe usually what is being used is the 7 Gantangan where the coins are put as penalty along with paper money e.    All coins that goes out of the gantangan shall be given to all that are present in the husay even children present shall be given. f.     The money that is inside the Gantangan shall be distributed to the a.     Tulugan b.    Women c.     Youth d.     Elderly e.    For emergency f.     Council of elders g.    Pandingding h.    Etc. 12.   Pandingding shall be coming from the Paper money. Pandingding means Professional fee. 13.  If you will not give it to others “silotan ka” (you will be punished). 14.  What needs to be corrected must be corrected because it is the paramount duty of a tribal leader to serve modestly.

Interview with Datu Alex Payangga the Municipal Indigenous Peoples Mandatory of Manolo Fortich.   The Municipality of Manolo Fortich has 13 Barangay IPMRs with Tulugan. The manner of solving cases in his municipality. If IP to IP the Barangay IPMR will settle the dispute. If the matter cannot be solved in the Barangay IPMR that is the time they will proceed to the Municipal IPMR.   In settling disputes in the Municipal Level there are Barangay IPMRs and Barangay Chieftains who will listen to the case and will decide based on the Customary laws and Traditions.   Most of the cases being solved are LAND RELATED. Properties belong to their parents and are being tilled by other people. Other people are now tilling the land of the Indigenous Peoples without going through due process.     Just for example the case of the Barangay Mantibugaw.  The Indigenous Peoples lived in their area for almost 60 years without any paper. Then comes the DENR program called ISF which gives awards to various individuals.  Because of these ISF awards the land of the Indigenous Peoples is being distributed to non-indigenous people being fenced already.   Action taken by the Municipal IPMR:   a.    Sent a letter to the DENR asking the status of the said land and why such things are happening considering they are the present occupant of the area. b.    He will ask the people who squats the land for verification and talk   He said there is a great difference right now. You cannot impose sala right away since there are government agencies involved in many of the cases arising in the land of the indigenous peoples. c.     There is now what he calls “protocol” in solving problems with Government agencies involved, IP and non-IP. d.    If proven that there are individuals or groups that committed fault then a sala can be imposed considering there is IPRA LAW, so there is a mix-up of intervention but putting emphasis on Customary Law.   e.     Out of 22 Barangay in Manolo Fortich there are 13 sitted Barangay IPMRs already and 5 IPMRs who are not sitted yet.   f.     If the Barangay IPMRs cannot solve the problem within there Barangays then they proceed to the Municipal and if the Municipal Level cannot solve it within their level they go to the Provincial IPMR and to the NCIP since   Pabor po ba kayo na magkaroon ng National Tribal Court?   He is in favor of having a National Tribal Court since hindi natutukan ang problema ng mga IP.   a.     Problem with the Ips they don’t have money to use in court proceedings. Citing Barangay Kalumadan, the land of the IP was being claimed and titled by another person without their knowledge.   IPMR of Manolo Fortich would really appreciate it if there is a plan to have a Court for the Indigenous Peoples.   In your opinion IPMR what are the qualifications of those who shall sit as justices of the Tribal Court?   1.    He/she must have full knowledge of the culture and customary law. 2.    He must have an experience in settling disputes. 3.    Must have educational attainment 4.    Mataas na ang edad because it will be hard if you will allow somebody who is young to sit without any experience in settling disputes and has no knowledge of Customary Law   5.     There are Tribal Halls being constructed at 5 million pesos they can reserve a sala in those Tulugan set aside for solving cases.   6.    Tracing the land owner within the tribe is easy because there is such thing as GUGUD among elders through GUGUD they can tell the people in the area from generation to generation.   7. The difference in the civil court is that they do not base on history but they base it on documents/papers.    8.    Case solved about murder – the wife of the murdered victim was given a carabao and cash.  The carabao will be used for the family to plow fields and farm to feed her family.   Marital Problem/s:   The married couple separated and both of them found new partners already. The parent of the woman demanded for a 30pesos as penalty to the husband of her daughter.   Settlement: The 30 thousand penalty was not imposed by the elders because the former married couple had new families already. The elders just ask the parents of the woman to accept the reality that both of them don’t want to go back to each other arms anymore and that they have to forgive them and respect their decisions.  Coins were given to both parties as customary tradition.       Kaibahan ng Civl Court sa Tribal court   1.     Tribal Court applies Customary law while Civil Court relies on evidence. 2.     Tribal Court is more on settlement, bringing back good relationships with ritual while in the Civil Court, there is no ritual. 3.    In the Tribal Court the decision is final while in the Civil Court, you can appeal to other courts.   The cause of the delay in the award of the Certificate of Ancestral Domain Title is the National Commission on Indigenous Peoples.   a.    NCIP maraming requirements. Grabe talaga kaya nga mayron ng parang complication. b.    Gusto ng ibang IP sa DAR na lang kami kasi mas mabilis magtitulo kesa sa NCIP.     c.     Kung madelay na madelayed pa ng NCIP yung delebration yan lang talaga problema. d.    Nag second deliberation naman sa Manolo Fortich  tapos na  so yun nga panawagan ko kung pwede maaward na ang CADT pra dina tayo ppupnta sa ganon na problema . e.    Ang kagandahan sa IP ay hindi individual tilte community so syempre kung IP ka gaop man yan meron kang gaop yun ang sayo so isa lang titulo so dili ka pwede magbaligya nareretained yung communal property kaya nga gusto naming na ma award na ang CADT.

Interview with Datu Kumibal from Salawagan Quezon Bukidnon. Treasurer of the Federation Adscom Committee Member Barangay Chieftain of Barangay Salawagan   The procedure of conducting a Husay.   1.    The complainant will go to the Tulugan where he will narrate his complaints. 2.    The datu will then summon the accused and schedule a day for the husay. 3.    Both the complainant and the respondent will have a Datu that will serve as their guide and protector. 4.    Both their guide and protector will talk to the Chieftain after they have received and listened to the testimonies of their clients.  Both their guide and protector will set a schedule where they conduct a big ritual intended for the husay.   5.     There are categories in the Timbangan for different violations. The Balaghusay will determine what they have to prepare as a penalty during the husay may it be big or small. Some require bangkaw, Kampilan, mostly animals, and rare belongings.  They will have a ritual asking the Magbabaya for guidance and protection so that both parties will settle the dispute amicably that through the blood of the animal, there will be no more bloodshed and their good relationship will go back to normal.   Why ritual is important in settling disputes in the Tribal Judiciary System.   The significance of the blood of the animal being offered during the settlement of the conflict is that instead of the one who committed the crime being put to death the animal being offered will stand as his body. That is how sacred the ritual is. That is the power of Pamalas taking away the sins committed, so snag and hatred have no place anymore,   and both parties are encouraged to live peacefully.  After which the demand or payment shall be put in place and it will be given to the complainant as payment for the damages being done.  After the complainant receives the payment for the damage they will all pray again to Magbabaya asking Magbabaya that through this ceremony and show of humility,   all will be settled.  The person who committed the crime shall be warned that he must not do the same problem again.   What are the crimes being solved by the Maghuhukom?     1. Stealing other’s property. Due to poverty our brothers and sisters commit such crimes however the present generation is now being informed that such acts should be avoided. 2.    Drinking wine as a cause of committing a crime. 3.    Murder 4.      Marital problems related to one or more wives. 5.      May asawa na magka gusto pa sa ibang asawa. 6.       Has a feeling towards their neighbor 7.      Magkagusto sa kapatid ng kanilang asawa   This scenario arises due to some lapses in privacy. Sometimes because they live in a common house without private rooms which makes women prone to abuse. 8.     Land dispute   How the Tribal Judges is being chosen?   The Datus will convene to give their comments and opinions as to will sit as Balaghusay.  He must have keen knowledge and experience in solving disputes. There shall be Balaghusay within the whole territory and Balaghusay within each territorial jurisdiction.   What are the qualifications of the Balaghusay?   1.     He must have attended many Husay of different kinds already for many years. If you already master these cases then you will be ordained. There are categories.  If you are newly ordained then will be given lighter case to be solved. Then if the Council sees that you are capable of a greater degree of solving cases another ordination shall be given up until you reached the highest degree. The 7th degree is the highest. 2.    There are complications if the process is not done properly.  He can be taken out of his being a Balaghusay if his decision is wrong. Therefore; there should be training.   How are cases solved in the tribe?   It is always amicable. In the olden times, the procedure was purely customary because there was no other process that influences there was no school for Balaghusay it is all by itself however in our recent generation we already have the National Law.    There is a great difference in the Civil law and the Tribal law. The Tribal Judiciary System must be strengthened. The tribe existed before the national government.     So mahitabo karun naa mga kaso nga atong gi sang-at ngadto sa Tribal Court. Pag abot didto sa korti dli nila eh honor.  dako kana nga pag laparo sa tribu dako kana nga pag kana bang gikaminosan. Ang tribu laparu na sa tribu insolto na sa tribu. Ang balaod nga ila rang gi paning kamotan nga ma balay kay wala pa lage ang goberno naa nay goberno nga tribu nga nag husay na gasulti ko kay akong mga apo. Mga tribu man mga Datu man mao man ang nag hatag ug kinabuhi ug nag desiplina sa unang panahon. Mao na sya ibalik jud na sya mao jud na akong demand Isip usa ka tribal leader ato jud nang ibalik nang tribal court. Kay arun ang mga tribu masabtan nila na Importante sila diha sa komonidad duna silay justice system kay dunay naay kaugalingon nga Justice system ang tribu.

Interview with DATU MAKABUGSA of Quezon Bukidnon   The means to attain justice is through Customary Law therefore Tribal Court is important.   a.     This will protect the rights of the Indigenous People. b.    Different territory different manners of solving conflicts. c.     If the Moslems have Shariah Law the Tribe also has the Customary law. d.    The 7 tribes in Bukidnon have different norms, ways, and means. e.    The Civil Court has no decision over Ancestral Domain. f.     Cases involve Manobo vs.Manobo, Talaandig vs Talaandig g.    What if the case is Higaonon vs. Talaandig h.      He is in favor of having a Tribal Court in barangays, Municipality, Provincial, and Regional.    There are so many cases filed in the regular court however it takes how many years before it is being settled however in the Tribal Judiciary System conflicts can be settled even within a day.

Interview with Datu Insiyasid Alejandro Subog Purok 5 Butong Quemtras Quezon Bukidnon   1.     In the olden time there is no other person who solves the conflict but the Datu.  However, before the Datu will sit on the matter the complainant will give “pamatasan” a way of requesting and giving respect to the Datu. She will give one peso if not the button of the dress if they are to ask for help. 2.    They will call upon the Sungkalog and the Tribal Council and inform them of the matters related to the case afterward they will schedule when to settle the dispute.           What cases are being solved by the Datu?   a.     Depends on the problem that arises in the community like:   Ilugay ug asawa (adultery) ug uban pa nga di maangayan sa usa walay pili ang husayan sa Datu nga problema sa katawhan basta eh sang-at lang sa ilang bilang opisina o tulugan.   What do you call a person who solves the cases within the community?   Datu nga Pino - gi nganlan ug manggi luy-on ug matina bangon ug dli sya gusto nga naay adunay poblema sa iyang baranggay mao nay gi tawag nga Datu kay Datu sa kalooy dli Datu sa kwarta ang iya pag lan taw sa katawhan ng nga walay samok ang iyang luyang lugar mao na gi tawag ug datu kung babae bae mao na diha.   Unsa jud ang kina iya ug gi pangita para mahimo kang manghuhusay?   Sa unang panahon kanang lima lang ug naa sa iya ang lima ma qualified ka nga unsa ka nga Datu.   1.     Limo – (caring)  maabiabihon ka sa isig ka tawo 2.     Gagaw  - (loving) sa Pulangihon na nga tribe na nga inistoryahan na nang gagaw mahigugmaon ka sa imong isig ka tawo 3.    Adat – (respectful) marespitohon ka 4.    Talawid – you forsee (think)about the future 5.    Tigkur (patience)  pag pugong sa kaugalingon bisan na suko ka nga naa ka publiko dli ipa gawas imong kasuko mao na kung naa na sa iya ang hiyas dli kay siya ang mag desisyon ang katawhan kini ang angay nato nga himoon ug dato kay di ta maulawan ug siguro luwas ta safety ta naa siya kaning lima kay mao na ang hinongdan duol kau ang sauna ang Mag babaya lima rang kultura sa kinaiya sa katigulangan sauna nga gihuptan nga pamalaod nga wala pay presidente sa pilipinas naa nana nga balaod since time immemorial mao na diha .                 Kinds of violation   1.    Adultery /Violenece against women   If the husband and wife intend to separate if the husband. The wife doesn’t like to be with the man anymore the man will double the dowry for example the dowry were 2 carabaos then the man has to double it.  As a penalty for him doing abuse to the woman.   However; if the case was due to hearsay it would be solved amicably with a ritual warning them or whoever is involved in the case that whosoever made the mistake gained in making false accusations and false information should be dealt with a heavy sala the next time an issue arise.   2.    Stealing property – in the olden time there are no thieves. Harvest in those years is just being in a safe place and nobody steals from it. There was a time then when there were no witnesses who stood in times of trial, truth is truth, and false is false and this is done through a “tigi”.  A “tigi” is a system used in the olden times to know who is telling the truth or who is lying. It is an iron being put in a hard flame and when it becomes very very hot it is then used in the Tribal Judicial System, that whoever lies will be hurt when he gets hold of it. If the person does not lie he will not be hurt however it is being done with a ritual also before the tigi. That is why even without witnesses justice can be served.   If the suspect tells a lie and is proven guilty they have to pay a penalty before even up to 20 carabaos.  And the suspect who tells a lie will become a slave. If he becomes a good slave he stays but he will show bad manners he will be sold to the Muslims that is why there were no prison cells in the olden times and people were mannered before there were no lazy people, no liars for they fear the law of the Elders.   3.     Land Conflict – In the past years land conflict has not an issue for the land in Bukidnon is so wide are people are scarce. Land conflict arises now because there are so many people already.   The difference between the Justice System before and now is that in the olden times, there were no witnesses involved because there was tigi. But nowadays, the form of tigi is money those that have plenty of money win though this does not happen always.                 Unya Datu kailangan ba nga adunay kitay tribal court kada baranggay o munisipyo o probinsya ug national tribal court?   It is good however as to what I observed people nowadays love money.  They defend people with money. If they intend to bring back the Tribal Judiciary System they should bring back “TIGI” so that even officials who will tell a lie can be sentenced. They should approve “TIGI” because it can control people who will not do good. But if they just put a tribal Justice System without it I think we will just be embarrassed for if not it will just be the same with politicking that we can defend people with money too. If we talk of Justice it must be Justice not like Political Justice. If there is no “Tigi” we better deal with the Lupon and the Captain it will all be the same story.   It would be good if we have a Tribal Court for us to exercise and teach the younger generation for our Justice System/Judgment in the Pulangihon is different from the Justice System of the Manobo, of the Tigwahanon, of the matigsalog, of the Talaandig.

Higaonon Tribal Justice System   We went to Talakag at the Tribal Hall of Datu Linggi Inhagidan where we met the Elders and Sabandal or the Tribal Force of their group/tribe.   Transcription of the interview with the Elders in Talakag   I am bae Saluday Enrica Pocol Head Claimant of the Certificate of Ancestral Domain Title.   Whether we like it or not the Tribal Justice System exists for it is life to us. Justice System starts in the family. Women have a part in the Husay specially in the family when your children are in trouble the mother serves as the Timbangan and Gantangan. Women have always had their own way of serving justice in the family.   There must be equality in serving justice.  There are Baes and there are Datus who are implementing the Customary Law.   The roots of our Justice System are based on our Ancestor's History.  Our means of facilitating the tribal Judiciary System is based on their ways of governance based on history. Just like here in our mountains. We pay tribute to Apo Bataay, Apo Maglaga, Apo Intanggub who in our history were tale by a carriage going to the heavens just like what is stated in the Bible, the likes of Enoch, Elias.   That is what we call “gugud”. And she is one of the “Balagogod” (historian) about Apo Agyo, Apo Luna, Apo Hinsayan whose mountains are just near us. In those days we could borrow their clothes, and their belongings. We just do the “pangapog” and then the following morning you will see what you asked for is being hanged already however due to ill-mannered people these things are no longer accessible nowadays.   There was a time when there were people from Dominorog from the bloodline of Apo Lurogon and from Baungon Bukidnon who got lost or were missing while some were found dead which was the cause of a big Tampuda Hu Balagon in Tikalaan Talakag Bukidnon.   The tampuda held in Tikalaan was a ritual for peace negotiation which is why during this time Mindanao was called “NALANDANGAN” meaning the Land of Peace because we were not conquered during the First World War and the Second World War. They were good and valiant warriors coming to the land Mountain of Mount Kitanglad where our Ancestors were raptured while some became big stones like Apo Nanganlolot, Apo Tulungan from Kalatungan That is why we never leave our Traditions like our tradition during full moon like Ulaging that is why if we have only recorders which can record our dongs that would be good.   Due to many tribes like Talaandig, Higaonon, and Manobo with many traditions, we can no longer be united but if we start from the beginning where there is no Talaandig Leader all are called native because of Nanangunon or Oral history.   During the time of Elizalde Talaandig Tribe derived from a mountain, while the Higaonon Tribe was known to be the PeaceMaker known to be good in “HUSAY” and defenders of the Ancestral Land.   Problems in their domain:   1.     Many are occupying their land already without due notice and due process. 2.    They are not in a good relationship with the Mayor of Talakag because the Mayor has other leaders close to his heart whom he can dictate.   Datu Panangdaran said that in times of conflict, the elders are obliged to solve the problems peacefully. The elder will tell them his decision and he would ask if you are in favor of this decision or not. Both the complainant and the respondent must come to a settlement.  If the person who committed the violation does not agree with the decision of the elders then the Balaghusay will converse again and will come to a decision as to the penalty that will be imposed on the doer of the violation.   Son of Datu Mandahan   In times of settlement in a tribal way like RIdo (tribal war) they put the “lampay” and “gantangan” and there they will be made to swear that they will not do it again for if they will do it again they will be cursed because the ceremony is sacred.  The first to commit the mistake shall be the first to be cursed.   What is Tampuda daw balagon? What is to be restored?    The good relationship must be restored to live in peace and harmony for if not even the relatives will have bad feelings towards the incident if they will not be settled.  They have to swear that from this day onwards their bad feelings, hatred, and anger shall be eliminated and dealt with according to the Customary laws or Traditional Justice nowadays it is called the restorative justice system. Selected Tribal Leaders are enjoined in the husay to settle very sensitive matters in the domain to live happily and peacefully together.

To fully understand the procedure of the Husay we attended the settlement of two cases in Pangantucan Bukidnon.   The first case is about the Violence of an Indigenous husband against her Indigenous wife. The woman wore sunglasses, had bruises, she used sunglasses to hide her black eyes and other physical abuse. Present during the husay were: a.       The Municipal IPMR b.       The Barangay Captain c.       The Barangay Chieftain d.       Baragay Kagawad who is also an IP e.       Other Tribal Leaders f.       The woman who wanted to separate from his husband, her mother, and her father g.       The accused husband, his father, and relatives h.       The Federation of Tribal Youth Council officers   Settlement procedure:    1. The Barangay IPMR made a welcome remark and explained to the public the concern of the woman who asked for his help along with her mother and father the husband also is with his father and other relatives. 2.  After the introduction of the case, the Barangay IPMR let the woman state her case and gave her the chance to state why he asked for separation from his husband 3.  The Municipal IPMR gave his advice stating that in any angle he is not in favor of separation due to the following reasons a.       The fault of the parents is not the fault of the children so why involve the children to suffer in your wrongdoings b.       What will happen to the future of the children when they do not have a mother and father to cling to c.       It is not easy to raise a family alone d.       Many more advices 4. The husband was made to state also his situation and his decision and accordingly he did not intend to abuse her wife but because he was drunk he was able to do so and he was sorry 5. The Barangay Captain advised the respondent that in any case,e his act is punishable by being in jail when we course through the civil law which is what you call Violence against Women.  6.  The Barangay Chieftain advised that they will give a month or two to see the thru color of the man if he is really sincere with his words. 7.  The Barangay IPMR made a final verdict. He told the woman that in any case this man lay a hand on you again violently you will not ask your parents for help but go direct to me and I will be the one to put him in jail. 8.  Both parties agreed and the Barangay IPMR along with the Municipal IPMR and the other leaders gave money to the woman to be used for her children’s needs and her personal needs amounting more or less to P600.     The second case:   A man who was drunk went to the house of another man who is sleeping and yelled at him and wanted to kill him. The afraid man went to the Council of Elders for help.  Accordingly, the drunk man and the sleeping man had a previous problem with a land dispute but had been settled and had come to good terms and made an agreement already.     The decision of the elders:  The barangay IPMRS and the Tribal leaders will ask the drunk man to give money to the afraid man, he has to buy chicken, and along with the Sitio Leader, they will do the “Pakurab, Layag, Bagkos” a ritual so that the spirit of the afraid man will be appeased and that the Datus warn the drunk man and inform him not to do it again for if he does it once more he will be given grave penalty since the matter was already discussed by the elder.   In the Tribal Judiciary System, the Manhuhusay must always be in the middle. All problems are centralized to the Manhuhusay and you must not take sides.  The Manhuhusay must always have money in case the one who committed the crime does not have money who pay the damages to the complainant so it is the responsibility of the Manhuhusay.                                             Interview with Datu Anggaan the Indigenous Peoples Mandatory Representative of Damulog Bukidnon.   How is Justice being served here in your place?   Justice is like cloth hunger(hanger), it depends on the case to be settled that is the kind of justice you have to apply.   Crime about murder. The Tribal Council will gather and will determine how to solve, the problem, the ways to solve the problem, and determine what penalty to impose.   Did he surrender to the council?   Did he not surrender to the council?   If the suspect surrenders to the Tribal Council the Local Government/Police does not have authority over it. The responsibility of the Elder is to inform the Police that the doer of the crime surrendered to the Tribal Council and inform the Police that they now have custody to the case, if in case the Tribal Council cannot solve they shall turn it over to them.   First Penalty – Live Carabao this tradition is called “Pisol” for the aggrieved not to do vengeance.   Second penalty – another live animal that will take place the body of the dead person no money involved only animals   The wife of the murdered man will receive all these animals which will take place/represent the husband for these animals can be used to generate income and food for the family. There is no need for the family of the complainant to avenge for there are already animals who will serve as replacement of the murdered husband, served as prevention for their innermost anger.   After which a minute of the proceeding will be taken note and these minutes will be forwarded to the Police Station, Barangay, or Province for the murderer not to be subjected to imprisonment.   If in case the family of the complainant will file a case in the Civil Court even though she knows that the Tribal Council is taking hold of the case already. The Tribal Council will make “sala” of the complainant for not respecting the Tribal Council and the penalty is one carabao also. They must respect the Tribal Council because that is where the murderer surrendered.   Since the murdered surrendered to the Tribal Council, the Tribal Council will now oblige the respondent to the animals and sincerely ask the aggrieved family not to take vengeance anymore, that the carabao will take the place of the father will be used to feed the family at the lost.     Second case:    Rape of a person to a woman who is not her boyfriend or girlfriend - lusyat Rape of a person to a woman who is not his wife - lusyat   Penalty:  Usa ka hayop nga kulisong ihugas saiyang pagkatawo                  Isa ka bareta nga sabon – to regain her dignity in the community  After which “pamaras” a ritual where the husband is there and the rapist has to give bangkaw (balbakanan) this is given to show that wherever both men can see each other there will be no more hurt feelings   Attempted rape – sala adat Penalty:  one animal – carabao   Another case:  KITIR – in English Promissory Note   If the doer of the crime commits the same mistake again he will be penalized one carabao if he does it again for the third time he will be accompanied to the forest and there he will be put to death.  He will be brought to the forest by saying let us do hunting “pangayam” but actually he will sentenced to death in the forest and there shall be his resting place.     If the case is attempted rape – (sala adat) playing with the woman’s dignity   Penalty:  one animal also depends on the demand of the Datu and of the family of the woman   Another case:  Pre-marital sex  (if the man is his boyfriend) Penalty: animal – ngano man gi pangonahan nila ang balaod sa tribu wala nila sunda ang balaod sa tribu ila rang gi tamakan gi yatakan nila ang tribu   Another situation:  Law on Marriage   If the family of the bachelor decided to let their bachelor marry a woman.  The family of the bachelor will go to the family of their desired woman and will bring their tokens and state their intention of letting their son and the other family’s daughter to get married. After three days the family of the bachelor will follow up the answer of the woman’s family.   Situation 1:  if the family of the woman agrees then the bachelor’s family shall connect with a Datu whom they trust that shall serve as negotiator and this is a protocol in the tradition. This Datu shall turn over the handkerchief, lipstick, pulbos, comb, perfume, and everything that is desired for the wedding to the parents and the parents will give it to their daughter. After this, there will be a talk as to when the wedding shall be scheduled   During the wedding,   Datuan - there will be a P500 peso Pamatasan to the Datu for them to speak and start the conversation regarding the procedure of the wedding.    Edasawa - P300 pesos together with  (bolo) sundang , malong  as a sign that the Bachelor will marry the woman   Paghimokod – a ritual with one piece of aging.  Nowadays that agong is in scarcity cassette , radio, cellphone  is okay   Ugit ugit and pagapo – show of love to the grandparents it is an amount given to the grandparents   Behuy – a token to be given to the brother -in-law like kampilan   Pantunnag – a token given to the sister in laws   Batang nga Sungrangan – this is the heaviest request to the family of the man it can be how many carabaos let say 5 carabaos   Bantingan – money given to the tribal council if in case there shall be problem that shall arise in the marriage of the couple   Situation 2. If the family of the woman disagrees or does not like their daughter to marry the bachelor then the family of the woman shall double the quantity of the tokens brought by the family of the bachelor. For example, if the bachelor’s family brought 1 carabao the woman’s family will return it twice.

With the Municipal IP Mandatory and Barangay Mandatories of Sumilao Bukidnon   Marriage in the Higaonon Tribe.   Pamalasan – during marriage, pamalas is important because it washes away ill-fate (malas) so that the couple will have a peaceful, bountiful, and happy relationship. It also washes away not good (guhit nang palad)   Two wives are not encouraged in our tribe (duway). There are only a few who have two wives.   In case of trouble, the woman will be asked why he doesn’t like the man? The elders will advise them to reunite but if worst comes to worst and the woman doesn’t really like to be reunited with his husband the Elders will now take their hands off the wife shall give two blankets and chickens to be used in the ritual with arrangement of their separation   What is the difference between the Husay before and the Husay nowadays?   In those days the Elders were not allowed to separate husband and wife because they were wed through rituals and ceremonies in the traditional way which is very sacred. If in case the man wants to marry again he will marry the same woman again for if he will marry another woman again he will be penalized “salaon”.  It will be a great sin if they are to separate after a ritual was made for them. For in their marriage ,they are given advice by the Elders of the Community that whatever their problem is it be big or small they have to settle it para walang “bwisit”.   Nowadays, we have National laws like Violence Against Women women are empowered and have the option to separate from his husbands due to physical abuse. Men go to jail for doing violence to women.     What is the difference between the Tribal Court and the Civil Court?   The Tribal Court is better than the Civil Court. In the Tribal Court justice can be served even if you have no money while in the Civil Court justice cannot be served if you do not have money. Specially you have to pay the Attorney.         Tribal Court only needs chicken for ritual. But in the Civil Court, you will lose a lot of money. Your money to be spent for the food of the money can be used to the Attorney.   Here in the Tribal Judiciary System, the chicken served as a tablet. Sick people can be cured.   Are you in favor of having a Municipal Tribal Court, Barangay Tribal Court, Provincial Tribal Court, and a National tribal Court?   If would be okay it will strengthen the Higaonon and Talaandig Tribe.   What are your requirements on how to become a Balaghusay?   1.     He must have documents to show. 2.     Better if he is an Attorney but has knowledge about the Customary law.   Mao na nga murag nagkalisod sa una pero mga hibalo kay gani pa sa unang panahon dili ka makaagi-agi sa likod sa mga tigulang kay diretso ka hilantan diretso ka magsuka dili pareha karon nga biskan sumbagon pa ang likod sa Datu nga dili maga respeto gihapon. Mao na ang datu karon ang uban dili na maka gaba.     Why is it that ritual is important during Husay?   There is a ritual to wash away the ill-words spoken by both parties, and feelings of hatred by both parties.  A good relationship, a good mind are restored during the ritual.   Datu Linsahay (one of the aspiring Municipal IP Mandatory in the Municipality of Manolo Fortich)   There is a big difference in discussing conflict: The source of conflict can be: a.    Men vs man b.    Men vs the spirits of the land c.     Men vs the spirits of the water d.    Spirits vs spirits   There are cases in the spirits are at war and it reflects or creates untoward incidents among the mortal or material beings.  The treatment of the Civil Court does not apply the Spiritual aspect but in the Tribal Court, it has deep bases as to the source of conflict.   There is a ritual during husay for it involves spirits for example the cause may be the spirits of the departed.  That is why we cannot do away with the ritual.   There is a danger if the Balaghusay entered into the Barangay Justice System there would be great differences for the Tribal law speaks of Customary law while the Barangay speaks of the Political law.  Even though our Balaghusay do not have high educational attainment they are expert in Customary Law.   The Tribal Judiciary System has existed since time immemorial, by now we have arbiters in the Barangay, Municipal which settles disputes not only of the mortal world but of the spiritual world also.   But the challenge now is who shall sit in the Highest Court when in fact we are of different tribes and different territories.  Our Elders have that attitude that they don’t want to interfere if their territory and tribe is not involved. Every tribe has Their own Customary Law. Therefore; there are still challenges along the way.   IPMR of the Municipality of Sumilao   The Tribal Judiciary System is better unlike the Regular Court if you do not have money you cannot attain justice. Here in the Tribe, we are only talking about chicken and if the doer of the crime or violation does not have money to pay for the penalty the Datu and the Elders will help out of their own pocket to solve any monetary requirement or animal requirement as penalty.  Here in Sumilao, we help each other. But in the Regular Cour,t it is automatic you have to pay the Attorney or the Court.     In marriage, the bachelor’s side will do a pamatasan to a Ritulist who shall serve as their spokesperson.  The Ritualist must also have communication also to the ritualist of the woman’s side who shall discuss the procedure of the wedding.  We shall respect the tradition of the women side especially when they are not from our place. We shall ask if chicken is okay during the wedding or pig or what.  What if they don’t like a Tribal wedding and they like it in the “Huwes”.   We do not advise separation but if worst comes to worst and the woman intends to separate the woman shall send his husband away by giving a carabao to his husband where he will ride to whoever woman he intends to marry.   In those days we did not have marriage licenses and we could wed as many as we can but nowadays proper documentation is needed which is why we are obliged to have license to secure a marriage contract       Today we have the Indigenous Peoples Structure and they serve in the  Barangay, Municipal who served as Balaghusay of the people in the domain who make sure that all problems related to the everyday lives of the Ips are solved and be given remedy.