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Table of Contents

Foreword

Preamble

Article I: (Bugis) Territory of the Bodong

Article II: Declaration of Policies

Article III: Bodong Holder

Article IV: Binodngan

Article V: Rights of the Binodngan

Article VI: Specific Crimes and Their Penalties

Article VII: Crimes committed in the violation of the Bugis

Article VIII: Crimes against Womanhood

Article IX: Crimes against Property

Article X: Criminal Negligence

Article XI: Other Crimes

Article XII: Civil Obligations under the Bodong

Article XIII: Final Provisions

Article XIV: General Provisions

Article XV: Amendments

Article XVI: Effectivity

Codification Committee

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FOREWORD

Except for those which have been preserved in stone tablets like the Code of Hamurabi(about 2 B.C.), King of Babylon, the Abrahamic books and other Ante-Deluvian books of history

which were all in cuneiform writing, all primitive laws of mankind have been handed down to

the generations lex non scripta (unwritten laws). Even after the invention of the printing press,many laws of states were unwritten, the most notable of which is the English Constitution ofGreat Britain, although there are other British laws which have been written.

Closer to us here in the Philippines are primitive laws, which, too, have been written.Although some were written like the Code of Kalantiaw, it is known that this law is written in

brief, commandment form. Studies likewise show that in the Philippines, the Kalinga Pagta isone of the primitive laws preserved and practiced for Kalinga Pagta is the only primitive

constitution which has been preserved since time immemorial, alive and practiced by the ethnic

Kalinga themselves.

For years, since the Kalinga Bodong (peace pact) system came into existence as a rule of

law by ancient indigenous Kalingas, the Pagta was the code that governed their lives. It is not yetknown whether or not the primitive Kalingas had their own form of writing. But present day

studies on their culture does not seem to show any trace of writing form preserved, even in stonetables as in the Abrahamic and Babylonian ear of history

The Kalinga Pagta (or literally translate, Law of the Bodong) of the Kalingas has beenamong human laws in this world which had remained lex non scriptasince time immemorial.Historians during the Spanish period, apparently, had no encounter with the Kalinga Pagtabecause in those available writing on Filipino cultural heritage, no mention has been made on the

indigenous laws of the Kalingas. It was only before the outbreak of World War II that Americansociologist had made studies on the Kalingas. Rot F. Barton had recorded in his book on the

Kalingas the bodongpractice and had also touched on thePagta of theBodong.

Although many writers had attempted to write about the Kalinga Bodong institution,efforts to codify the bodong laws was only started in 1974 during the administration of GovernorRolando T. Puzon. The last provincial governor of the Pre-Martial Law era called for a tribal

convention to tackle, among other things, the standardization and writing of the Kalinga Pagta.The plan was aborted wit5h the sudden replacement by President Marcosw of Governor Puzon

with Governor Tanding B. Odiem taking over the governorship.

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The plan was pursued by Governor Amado T. Almazan when he took over thegovernorship from Odiem in 1981. Almazan first convened tribal leaders for consultation at the

Tabuk National High School. Later in 1982, the first serious attempt at writing the Kalinga Pagtawas made during the Kalinga Bodonfg Conference at the BIBAK National Agricultural School

compound. A draft of the Pagta produces by the Pagta Committee headed by Board Member

Castro B. Lammawin was the work paper of the conference during which it was discussed inopen debates by prominent Kalinga tribal leaders (peace pact holders) and professionals. A stylecommittee was also formed to put the Pagta in its codified form. Among the professionals who

were in that style committee were Court of First Instance Judge Honorio Salvatiera and formerMunicipal Judge Pablo M. Gupa-al, Board Member Castro B. Lammawin, former Deputy

Governor Jose Chaclag, among others.

Although the working draft of the Pagta was approved in principle by theConvention, work on the codification was hampered by prolonged debates on other provisions,

notable of which was the provision of instant retaliation. The Kalinga Bodong Federationheaded by ExGovernor Tanding B. Odiem tried to end all debates on the issue until the EDSA

Revolution temporarily shelved the issues and conventions held for the purpose.

The administration of Governor Laurence B. Wacnang gave the Pagta issue a chance to

be brought to the mainstream of the Provincial Government agenda on cultural policies. BoardMember John B. Dongui-is, a former college instructor on history, spearheaded the move to

resuscitate the project on the codification of the Kalinga Pagta. On Governor Wacnangsinstruction, Board Member Dongui-is headed a Committee which prepared the program for the

convening of a Kalinga Bodong Congress. The congress would give emphasis to thecodification of the Prototype Pagta.

On December 19, 1988, the Honorable Laurence B. Wacnang mandated Board MembersJohn B. Dongui-is, David Banson, Gavino Mosing, and Elpidio B. Tubban, to call for a

preparatory conference towards the conduct of a Bodong Congress. Among others, to prepareand formalized the plans and programs of the forthcoming 1989 Kalinga Bodong Congress.

On April 1989, the first Bodong Congress called by Governor Laurence B. Wacnang was

held at the BIBAK National Agricultural School Conference Hall with Kalinga tribalelders/leaders and bodong holders in attendance. In that congress, the Kalinga Bodong Council

was formed. Alongside with the Council was the organization of the Kalinga Bodong Congress,Inc.

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The Prototype Pagta as an output of the Firsat Bodong Congress and amended on theSecond Bodong Congress was compiled and put into style by Atty. Basilio A. Wandag as the

Secretary General assisted by Atty. Arthur G. Kub-ao as Assistant Secretary General.

The Second and Third Bodong Congress were held in 1991 and 1993, respectively withfurther modifications of the Prototype Pagta. It was further amended as a result of the Third

Kalinga Bodong Congress in 1993, which was the basis for the Committee on Codification onthe codified Kalinga Pagta.

In 1995, a Committee was formed to Codify the Pagta with the Hon. John B. Dongui-isas the Over-all Coordinator, Judge Victor A. Dalanao as Chairman of the Committee, with the

following members namely, Judge Josephine B. Gayagay, as Vice Chairman and Secretary,Arthur G. Kub-ao, Alfredo A. Tombali, Pablo D. Gabit, Placido T. Alsiyang, Jr. and Geronimo

Donaal as researchers, Augustus U. Saboy as technical staffs.

The codification started in 1997 and was finished and presented during the FourthBodong Congress held on September 11-13, 1998 at the BIBAK-NAS conference hall. The said

codified Pagta was unanimously approved.

It should be explained that new provisions were inserted on the Pagta, These new

provisions were based on actual decisions of elders in various conflict resolutions, and also on

new developments to keep the Pagta attuned and responsive to new situations.

Meantime, the Codification Committee was again tasked to annotate the Codified Pagtacomposed 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 fruitof their labor.

It is hoped that with this annotation of the Pagta, the people will come to appreciate themerits of the Bodong.

- ThePagta Codification Committee -

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PREAMBLE

We the Kalinga people of the Cordillera, Philippines, invoking the guidance of almightyKabunyan, exercising our inalienable rights to preserve, promote and maintain the bodong

system of governance which our people have practiced since time immemorial, to guarantee andensure 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 wellbeing and that of our posterity do hereby adopt this pagta of the bodong.

Purpose and effect of the preamble:

The preamble is strictly not a part of this pagta. It sets down the origin,scope and purpose of the pagta, the mood, the aspirations of the people, hence it

is useful as an aid in ascertaining the meanings of the ambiguousprovisions.

The preamble bears witness to the aspiration of the binodngan to preserve,promote and maintain the indigenous system of governance, guarantees theprotection of life, property, freedom, equality and justice and peace and

sustainable development in one harmonious society under the guidance ofKabunyan.

The inclusion of sustainable development is to address the issue of

conservation in the exploitation of our rich natural resources for our own benefitand that of our posterity....

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 possessedsince time immemorial by the members of the sub tribe, by themselves or through their

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ancestors, communally or individually in accordance with their customs and traditions. Itencompasses ancestral lands, private properties, forests, pasturelands, agricultural lands,

residential lands, hunting grounds, burial grounds, bodies of water, mineral deposits includingthe airspace and the subterranean resources

Section 1 contains the definition of Bugis. The definition is very encompassing. It is also known

as kais orpiglis.

This Pagta affirms the existing territorial boundaries of each ili as defined by the umili and

recognized by other sub tribes.

It is very important to know the boundary or extent of a territory on which this pagta findsapplication, especially so in resolution of conflicts between sub tribes. The determination of

which peace pact (Bodong) is affected when a crime has been committed within a certain bugis

is very necessary in conflict resolution.

As defined, the bugis has a horizontal reach consisting of land and waters; a vertical reach

(upward) consisting of the air space and downward consisting of subteranean resources.

Land is life to binodngan of any subtribe, so that where another subtribe or any one for that

matter usurps their possession and ownership over a portion or part of their bugis (territory), thebinodngan is ready to lay down his life for it. Its importance cannot be over emphasized.

All sub tribes have delineated their respective territories, which they term bugis or piglis,

and this is respected by other sub tribes; otherwise, there shall be lots of conflict arising out of

boundaries.

Bugis has been and is a source of conflict between subtribes

Example:

The people of Dacalan considered as included in their bugis and as theirhunting ground the mountain ranges called Lubu-ung. The people of Basao

tried to lay claims over the said land but the people of Dacalan would not allow.

Tribal war ensued between the two subtribes because of that boundary disputes.

Banagao, which is an area between Mangali and Lubo is another irritant

between the two subtribes. The people of Lubu claimed is as part of theirbugis,even as the people of Mangali laid claims on it.

As regards fishing rights, the people of Tinglayan and Bangad had a

running dispute over a portion of the Chico River.

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Section 2: The domicile and real properties of a binodngan located outside any bugis shall

be deemed included within the bugis of said binodngan under the principle ofkulligong.

Section 2 contains the principle of kulligong.

This provision simply means that the residence and real properties of a binodngan locatedoutside the bugis of his own ili is deemed a part of the territory of the bugis of the owner or the

sub tribe. Literally, it means to "encircle" the residential house and lands of a binodngan andmake it in the eyes of the pagta as an integral part of the bugis. This fact must be explicitly

informed and accepted by the other bodong.

The Principle of the kulligong is akin to the principle of international law

The concept of kulligong is akin to the provision of international law, which considers as

the territory of each country the place where their respective embassies are established, i.e. thecompund of the US embassy is owned by the US government. Any crime committed within the

area of the kulligong is a crime against the bugis of the owner of the house or realty.

Section 3: When the bodong between two sub tribes is severed, all places outside the bugis

shall be deemed theMatagoan area.

Matagoan area

The old pagta of the bodong states: Any place outside any bugis is called "pupulligan"-

killing field or no-mans land. This is so by expressed unwritten pagta for there is no bodong toenforce the bodong in the area.

Some areas of Tabuk, i.e. Dagupan, Appas, Magsaysay, San Juan and Bulanao, to mention a

few, are areas not protected by any bodong. It is not covered by any bugis.

This made it easier for binodngan to take revenge here in Tabuk- with impunity- thus

disturbing the peace and order situation of this progressive town- as the educational, economicand political center of Kalinga Province.

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To remedy this sad turn of events, the leaders and bodong holders declared Tabuk as a"Matagoan" (Zone of Life) area during the bodong congress in 1989 under bodong congress

Action No. 12-89. The third bodong congress in 1993 emphasized this and finally this provissionwas placed under Sec. 3, Art. I of this pagta.

There are some apparent misunderstanding of the "Matagoan Concept". Some construe thisprovision to mean that crimes will not be commited here in Tabuk and other matagoan areas. Farfrom it, this provision does not apply when the bodong is still subsisting and effective; for the

existing bodong will apply "aabbaon ta din bodong" (literally- each is carrying the bodong(peace pact) on his back), wherever a binodngan lives.

The declaration of Tabuk and other places i.e. schools, boarding houses and places of work

of binodngan as matagoan area, only comes into effect when the existing bodong is severed.There is no more bodong to protect the binodngan. There is fear, there is imminent danger of

revenge upon students, workers and innocent children. To prevent this from happening, Tabukand other areas outside the bugis is now declared as matagoan area.

ARTICLE II : DECLARATION OF PRINCIPLES AND POLICIES OF THE BODONG

Section 1: The bodong recognizes the rule of law

The bodong is a social institution recognized by the Constitution, Local Government codeand IPRA Law. In the bodong is the pagta, which is the governing law. The bodong recognizesthe rule of law, meaning, that the national laws prevail over the provisions of the pagta.

The Bodong recognizes the supremacy of the national Criminal Justice System.

During the American time up the late 60's, the has always been implemented despite thebodong. The offenders were place behind bars while the bodong system took care of the

customary laws.

For instance, in 1939, the people of Lubo and Tulgao had fought it out face to face at Battit,

Tinglayan (bank of the chico river). The Police got all these people involved in the fight bothfrom Tulgao and Lubo and they were sentenced by the court. They served their prison terms in

the National penitentiary. When war broke out, all of them left for Kalinga and they only partedways in Tinglayan like brothers.

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When the Bodong is restored, the two subtribes gave only the pakan/gusgus and othercustomary requirements for the restoration of the bodong to the relatives of the victims from both

sides. There were no indemnities paid for the deaths and injuries sustained during the fightsbecause the bodong was already severed.

Conflict resolutions under the bodong system is based on the following principles

1. It is purely mediation, conciliation and/or arbitration as the case maybe;2. There is no "judge" who is tasked to decide and resolve issues submitted to him; No

police to enforce it.3. "Decisions" are based on well-meaning suggestions of the leaders and elders;4. "Decisions" are based on what is reasonable under the circumstances;5. It is purely a process of concessions from each party involved so that any decisions

arrived at is the decission of the parties themselves;

6.

The "decision" is immediately executory;7. The procedure are simple;What happens if the parties to a case who are binodngan cannot settle the case within theparameters of the bodong?

The parties are free to go to court

cases:

In one case, a student from Calagdao, Tabuk, Kalinga was killed by his co-student atDEMPHS. Conciliat6ions were conducted under the auspices of the bodong but the offended

parties refused to submit to the jurisdiction of the bodong. It was decided that the case be broughtto court The accused pleaded guilty and placed on probation. Because they could not collect the

civil indemnities awarded by the court, the offended party came again to the bodong for theaward of customary danages.

It was decided that in as much as the case was decided by the court, they were precludedfrom claiming under the bodong. However, the assailant gave pagikna to the offended bodong

holder.

Suppose a case has been filed in court first?

When a case has been filed in court and the bodong comes in and the case was settled by the

bodong, the case filed in court is usually dismissed on the ground of insufficiency of evidencebased on the affidavit of desistance.

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In our example above, when the case has been setled by the bodong but the prosecution haspresented all their evidences in court, the criminal aspect may go on and the setlement will be as

regards the civil aspect only. This was what happened in the Beda Addawe case. The accused

was sentenced by the court but their is a pending petition for new trial.

When a case was filed in court, the offender must still pay the customary damages

cases:

Col. Manuel Banggawan was killed in Baguio city by a man from poswoy. The wife of the

victim did not want the case settled under the bodong. The case was instead filed in court.

However in as much as there are remedies under the bodong system, which are not availablein the court, the bodong still came in. The Banao sub tribe claimed 2 carabaos as papod, one

carabao each to the bodong holders, gusgus was paid by the Poswoy sub tribe. Usuk was paid tothe relatives of Col. Banggawan from the Guinaang sub tribe. These customary damages were

given in order to maintain peace and harmonios relationship between the two sub tribes.

Section 2: The bodong promotes peace and order, guarantees the welfare, safety and interest

of the binodngan and the non-binodngan where applicable.

What is noteworthy is that even non-binodngan are guaranteed the protection and benefits

of the bodong "where applicable".

The bodong is a social institution where the members have rights, obligations and social

concern. Much of the social benefits and protection of the bodong are extended to non-binodngan such that they will not go hungry in binodngan areas, thus they are protected by it.

But when it comes to conflict resolution between a binodngan and a non-binodngan, theprovisions of this pagta is not applicable for the reason that the latter is not a member of the

bodong. However, they are not expected to be bound by it, much less compelled to comply withthe pagta, except where they voluntarily submit themselves to its jurisdiction.

cases:

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A minister of the Iglesia ni Cristo was killed in Lubuagan by someone who was notallegedly in his right mind. No case was filed in court. However, the parents of the assailant

were not at peace within themselves without having the case be settled and justice under thebodong system done. What they did was to voluntarily sit down with the INC and the case was

settled to the satisfaction of both parties applying the pagta of the bodong.

There are other benefits derived from the bodong. A case in point is the transfer of sickpeople or the cadaver of the dead to the residence of the sick or dead person.

To illustrate, in 1982, a certain Amazona belonging to the Saclit tribe of Mt. Province waskilled in an encounter with the PNP/Military in Taloctoc. The bodong of Taloctoc caused the

cadaver to be brought to Mangali, the people of Mangali brought it to Lubo, the people of Lubo

brought it to Ga-ang, the people of Ga-ang brought the cadaver to Dacalan, and from Dacalan itwas brought to Betwagan, Mt. Province, until the cadaver finally reached Saclit.

Without the bodong, the transfer of the cadaver to Saclit, Mt. Province, would have been asheer impossibility, considering that it has to be carried along mountain ranges.

Section 3: The bodong recognizes the indispensable role of the women and the youth in theattainment of peace, security and development To hasten their leadership potentials, they are

encouraged to become bodong holders and to actively participate in all bodong activities.

This provision was included to highlight the recognition by the bodong of the rights and the

indispensable role of women and the youth in peace and nation building.

It used to be that women were relegated to the kitchen and the youth were only to providethe entertainment aspect of the bodong. The trend now is the empowerment of women and youth

in decision- making. They ought to be involved and be available in all bodong matters andactivities.

Under the bodong, youth and women have equal rights to be a bodong holder. There is nodisqualification for them whatever the mode of acquisition of the bodong in their favor either byinheritance or they were chosen by the people. However, where a minor is the chosen bodong

holder, his immediate relatives assist him in the discharge of his functions.

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Section 4: The provisions of this pagta shall be enforced to all binodngan regardless ofcreed, status, rank, station in life and filial relationship.

Our forefathers have expressed this provision aptly when they said "maidpun/ maid sunud

di bodong" (The bodong has no brother). It means the pagta must be equally enforced on all

binodngan.

Cases:

A teacher from Dao-angan was assigned to teach in Tanudan. He stayed in the house of thebodong holder. One of his student injured the said teacher. The peace-pact holder wants the case

to be settled under the bodong but the offender refused.

What the bodong holder did in retribution of the wrong done was to inflict injury upon the

person of his distant relative, who is at the same time an aunt of the assailant. For avenging suchwrong, the assailant was personally obligated to pay Dusa.

Another case is that of Ludan. He was the bodong holder for Mangali. A carabao belonging

to the people of Mangali was stolen and it was proven that the suspects were from Lubo. Fortheir refusal to settle the case, Ludan was constrained to injure the relatives of the offender.

Note that the examples above were decided under the Old pagta where the only mode of

complying with his obligation as a bodong holder, was through the infliction of injury to the

offender. This is now discouraged!

Section 5 : Revenge is hereby prohibited except in cases where the bodong was severed as

provided under Section 5 Article VI of this pagta, in which case, the retaliation of the aggrievedparty shall solely rest on the person of the offender. Violation of this provision shall constitute

"pot-ak/ patoy "

Our folks, like any people in the world are prone to retaliate. To the Jews, they say "a toothfor a tooth, an eye for an eye" It is also known as "Lex Taliones".

But what makes the kalingas stand out in this regard is the indiscriminate revenge that is

happening. Many victims of subtribal conflicts are innocent. Their only fault is that they are fromthe same sub tribes as the offended/offender.

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In the past, the people of each sub tribe are confined within the same bugis. This is the callof necessity for common security purposes. When the people were in conflict with their

neighbors, everybody is called upon to make a decision, so much so that if they decide to go towar, the decision is a community decision. To revenge, therefore on any member of the sub tribe

is justified in that he was part of the decision making. He is partly responsible. This argument

does not hold water now. First, the usual victims of tribal wars are innocent students, workerswho have no part in the decision-making, much less were they consulted. Second, we claim to beChristians, but are we believing and practicing Christianity?

To those who still insist on the need for revenge, This pagta has explicitly allowed that the

said revenge "shall be solely on the person of the offender"

When revenge is allowed

Revenge is allowed as a last resort and after complying with Sec. 5, Art. VI- Theprocedures for Gopas- the intention was to give more cooling-off-time and discourage anywould-be-retaliation.

Another hurdle is that the revenge shall be solely on the person of the offender to the

exclusion of his family members, relatives and sub tribe mates.

Consequences of violation of this provision

The violator of this provision will be guilty of pot-ak/patoy- It will be treated as intentionalkilling.

Section 6: There shall be no immediate severance of the bodong. When the bodong was

napot-akan, the procedures outlined in Sec. 5, Art. VI, shall be strictly followed.

This must be read in relation to procedures as outlined in Sec. 5 Art. VI..

When the blood is spilled, the bodong is severed seems to be the

prevailing practice until the present time. This was never the intention of thefarmers of thepagta. This is one of the developments which must be purged from

the bodong. Precisely, they provided for the mechanisms wherein thebusdung/bugsung di butu will be sent to the kasupangto give time for the latter to

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investigate, hear and settle the case and ultimately to notify his kasupangof thesettlement by sending thepagikna.

This was placed here to revert to the old provision of the pagta and to

highlight the fact that is not that easy to severe a bodong. Most of the bodongwere

inherited and the pain of just severing that ligament of brotherhood that lies theparties is too much to bear.

Moreover, the bodong is there as a bridge for the settlement of theConflicts and if the bodongis severed, it is harder to settle the dispute. A new

sipathas to be established.

What happens if the bodongis immediately severed?

The immediate severance of the bodong effectively removes the butu - theresponsibility of the bodong holderto redress the wrong done. The offended partyhas emasculated him as a bodong holder.

Cases:

A was accidentally hit when a shotgun went off which was in the

possession of B. The gun went off when its butt was bumped by the revolvinggate. A died on the spot.

The tribesmates of A immediately revenged, killing two of the companions of

B.

It was held that the butu no longer applies inasmuch as there wasimmediate revenge. What should have been done by the party made of A was to

send the butu first to give time to the otherbodong holderto property attend to thecase.

In another case, a man from Bangad and Dananao were both under the

influence of liquor. The man from Dananao said something which the man fromBangad resented. He boxed the mouth of the man from Dananao who immediately

drew out his bolo from its scabbard, but the man from Bangad wrestled with himand sustaining injuries in the process. Seeing what was going on, another manfrom Bangad went to help his tribesmate, but in the process he was wounded. The

man from Dananao ran away but he was hit with a stone on his head by anotherman from Bangad.

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The people of Bangad send the busdung di butu to Dananao and thebodong holderanswered by saying we will sit down and talk.

The sending of the butu was misunderstood as the gopas by the people of

Bangad.

The KBC met with the people of Bangad and it was decided that thebodong is actually not severed. The sending of the busdung di butu is not

tantamount to gopas. What constitute thegopas is the porting.

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 defray the expenses of the offended parties where it is

deemed appropriate under the circumstances.

This provision deals with mitigating circumstances.

The opening sentence of this section announces that there is no bug-uy(violation of the pagta), under the circumstance enumerated above. It simply

means that the act ofbinodngan is said to be in accordance with the pagta, so thatthe said binodngan is not deemed to have violated or transgresses thepagta.

However, under existing jurisprudence of the bodong, the offender may pay the

appropriate consequential damages depending upon the circumstances of the case.Here is a way of appeasing the wrath of the person up -high born out of a belief

in the justice ofKabunyan.

Concept of the bug-uy/pot-ak

In its general sense, bug-uy orpot-ak simply means the violation of anyprovision of thepagta. As a technical term, pot-akstrictly refers to a violation ofthe pagta concerning crimes against person. In short, there is pot-ak if there is

patoy. (Intentional killing which includes physical injuries).

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Import of the Criminal Justice System of the bodong

When there is bug-uy there are three parties involved. The offender has

obligations to the offended party; he has distinct obligation to the bodongand he

is accountable for his acts toKabunyan.

To the offended party, he has to pay the dusa (the main specific indemnity

for every crime); to the bodong holder, he has to pay the butu and the pagikna.These things he has to pay lest he be made to account before Kabunyan. It is

believed that God will dispense retributive justice.

Under this section, there is no bug-uyif the killing or injuries wereinflicted through any of the acts enumerated above. But the offender is still liable

for the consequential damages.

Example:

A policeman who is in the performance of his duty may not be liable to thebodong. He is not required to pay the butu. The said act does not affect the

bodong, meaning, the bodongis still effective and subsisting.

If he was, however, found out to be negligent in the performance of his jobor if he violated human right of the victim, then he is made to pay for the

consequences of his acts.

I. In defense of his person, honor, relative and companion:

I.a) Defense of person

Examples:

A was stabbed while passing along a street. A drew his knife and

stabbed his assailant who died instantaneously. The assailant turned out to be abinodngan. Is A liable?

YES. A is liable for the life of his victim. He however, is not deemed

to have violated the bodongwhich is still effective.

How much does A have to pay?It depends on the circumstances of each case but not to exceed P50,000.00 as per

provisions of this pagta.

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1.b) In Defense of Honor

A was passing along the street. She was suddenly accosted and with the

use of a gun at her nape, she was led to a grassy place to be raped. A wrestled

with her assailant and taking the gun, shot her attacker who died.

A is not excused from paying for the life of her attacker. However, she is

not liable to pay the butu and the bodongstill subsists.

1.c) In Defense of a Relative

A heard a gun report from the direction of their house. He immediatelyrushed to their house and found his father B who was sprawled on the floor in a

pool of his own blood. Beside him standing was C A

A heard a gun from the direction of their house. He immediately rushedto their house and found his father B who was sprawled on the floor in a pool of

his own blood. Beside him standing was C. A hacked C who died of hackwounds. Held: There is no bug-uy

The term companion as used here, refers to anyone wetherbinodngan or not.

If he did not defend his companion, he is stigmatized as less than a man

yetHe can still claim for putut.

II. In fulfillment of a duty or lawful performance of his right or office:

II.a) In fulfillment of a duty.

Since the 1980s, the PNP, Military and other law enforcement agencies were

afraid to perform their job because they were allegedly apprehensive of thesanctions of the bodong. This is sheer misconception of the true essence of and

intent of the bodong.

The bodong has been in existence when the law reigns supreme during theSpanish, American and Japanese time. The bodong has never been interpreted to

contravene the national laws. There was/is really no conflict. If not the instrumentfor the implementation of the national laws. The fact that during the American and

Japanese occupation, it was found out that the bodong was used in their

pacification drive.

A single policeman can arrest a criminal then, with the help of the umili through

the bodong and bring him to justice. But now, it is not the case at times, sad tosay, even a battalion or soldiers cannot arrest a binodngan.

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This goes to show that something in the system went wrong.

Indde, there has been cases of abuse of the bodong system - where even the person doing

his job is sanctioned by the bodong. Certainly, this malpractice and abuses must not be toleratedand must be put to a stop

Examples:

A is a security Guard hired to guard the NFA, B and companionsentered the NFA warehouse. A saw them but he was fired at by B and

companion, A unslung his 12 gauge shotgun and fired back. B died on thespot. It was held that there is no bug-uy.

II.b) Lawful Performance of a Right or Office

A is a tenant of B. C a squatter threatened to expel A from his

possession thru force. A drew his bolo and in the process injured C. There isno bug-uy.

III. Obedience to a Lawful Order for some Lawful Purposes

Note that the Order must be Lawful and for Lawful Purposes.

Examples:

A is an amazona. She ordered B to kill C without any justifiablereasons. Is A liable. YES. There is also bug-uy because the order was notlawful.

Elements of Self-defense:

i. unlawful aggression comes from the victim

ii. reasonable necessity of the means employediii. the person defending has not started the fight.

Section 8. There shall be no retaliation where injuries or killing results from an accident.

Should there be any retaliation, it shall constitutepot-ak/patoy.

This section refers to injuries or homicide resulting from accidents.

Inasmuch as the killing or injury arose out of an accident, with more reason shouldretaliation be disallowed. However, it happened that many relatives of victims of

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accidents have retaliated in the near past and it is precisely for this reason that thisprohibition was included.

The case of Bishop Carlito J. Cenzon and his driver comes to mind. It

happened on August 19, 1994. While they were passing through the Highway in

Nambaran, their ride sideswept a child.

Instead of helping to bring the child to the hospital, a relative of the victim

hacked the driver and was going to finish him but the good Bishop received theblow in his hand.

The assailant paid fifty thousand pesos (P50,000.00) to the driver of the

Bishop and butchered one (1) carabao when the Bishop said Mass in Nambaran.Being a man of God, the good Bishop only asked to say Mass. He did not asked

for damages. He forgave his assailant.

Note that the incident happened in 1994. Under thepagta then in force, thepenalty forpot-akis One hundred Thousand pesos (P100,000.00), if death results

therefrom.

The provision of the pagtawas applied to non-binodngan.

In early part of March 1994, Samson Donggayao sideswept the son ofPaquitos Mamecao at Magsaysay, Tabuk, Kalinga while he was driving a motor

vehicle. The son was dead-on-arrival (DOA) at the Provincial Hospital.

Samson Donggayao provided the clothings (gaga-om/gangon), providedsome cases of gin, rice and pig for the bagungun. This was objected to by the

Mamecaos yet the things were reluctantly received. The case was settled usingthe pagta of the bodong. The existing damages then was Fifty Thousand

Pesos (P50,000.00) for death resulting from accident

When all expenses were totaled, Samson Donggayao paid a total of SixtyThousand Pesos (P60,000.00), inclusive of the other expenses during the wake.

Section 9. The maintenance of peace and order is every citizens duty. The bodong

holder, members of the Philippine National Police and the law enforcement agencies must

support and coordinate with each other when the exigency for the protection of life, liberty andproperty and honor arises.

This section mandates that every citizen must help in the maintenance of

peace - the word used is every citizen. The term therefore makes nodistinction whether one is binodngan or not.

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The bodongwas the only justice system before the Spaniards arrived. TheSpaniards have never subjugated Kalinga yet the Kalingas have lived with their

neighbors peacefully because of the bodongsystem.

With the coming of the Americans, the bodongwas extensively used in the

pacification drive of the Americans. The bodongwas still very effective and wasmade an instrument of the Pax Americana.

All the people who committed crimes were submitted by the bodongto thelaw. The bodongwas and is never an impediment towards the full implementation

of the law.

It was only during the 1970s when the Philippine Constabulary (nowPNP) started blaming the bodong for every crime committed. They alleged that

the bodongcoddles the criminals. This attitude still subsists which is veryunfortunate.

But we cannot blame these people being critical of a system they know

little of or nothing at all.

Instead of blaming the bodong, efforts should be exerted to learn morewhat are the merits of the bodongin order to appreciate it.

The bodongcompliments the national Criminal Justice System.

We have to admit that the bodong is a part of the cultural heritage of the

Kalingas. It is the bodong that serves as the binding force in the Kalingacommunity. It provides a mechanism and an avenue for the resolution of conflicts.

This is very evident if you look into the court dockets of several courts wherebodong is strong. MCTC Tinglayan-Tanudan has a zero docket as of this time.

MTC Lubuagan has but a few cases. This is true with MCTC Balbalan-Pasil andMCTC Pinukpuk-Rizal.

Why is this so? The explanation is that the people thereat trust more the

bodongjustice system and despite criticism, it still works. This is not to say that itis perfect. It has its flaws and defects like any other legal system.

If instead of blaming the bodongsystem, it may be to the best interest of

peace if the peace officers will coordinate their efforts with the bodong to stumpout criminality. The law enforcers should touch base with the binodngan

commuity and the people.

ARTICLE III

NANGDON SI BODONG

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Section I. The binodngan must recognize and affirm the authority of the bodong holderofeach ili as chosen by them.

The bodong holders are the visible symbol of the bodong. As such, theydeserve to be respected. To them is the authority to execute every decisionaffecting theirbodong.

How the bodong holderis selected

Oral historical accounts of the origin of the bodongpoints to the following

circumstances that led to the establishment of the bodong:

1) One school of thought states that the bodong came from the necessity ofprotecting games.

Hunters could not follow their hunting dogs whenever they went beyond

the village territory. Their games and their dogs are always in danger, not tomention their personal safety. This necessitated the establishment of the

bodong thru the sipat. So a hunter gives a sipat to anyone in the villagebecoming thereby a bodong holder.

2) People have to trade with other villages. So what the traders did whenever they

went to any village was to give their bolos and/or spears and take thebolos/spears of one from another village. Upon arrival in his ili, he would

announce the establishment of thesipat. He becomes a bodong holder.

Formal establishment of the bodongby thesipat holder

Each bodong holderthen invites his counterpart and formalizes the bodongthrough festivities. The surdip/singlip is celebrated followed by the inum. It is

during this feast that thepagta is formally agreed upon.

Bodong holders hold the bodongfor pure service

To be a bodong holderentails a lot of personal sacrifice. He has nothing togain as he is not paid for his services. In fact he uses his personal money toprocure animals to be butchered during celebrations. He receives visitors, he feeds

them and provide their needs. He has a lot of social functions.

While it is true that he is the symbolic head of the tribe on bodongmattersand as such is lavished with honor, more often to be a bodong holdercarries with

it much responsibilities.

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When for any reason the bodong is severed, the new bodong holder isusually chosen from the clan of the victim and the clan of the offending party.

The reason is obvious. He is the last victim and it is assumed

that he would not revenge for to do so would be for him to commit makmak/ngos-

ngos. The irony is that the bitter enemies are now the best of friends when thebodongis established.

How does a binodngan recognizes and affirms the authority of the bodongholder?

a) Whenever a binodngan goes for trade to other binodngan areas, such

transaction must be done in the presence of or through the bodong holder.

For every consummated business transaction, the bodong holderreceivesthesu-ur(a token given in the form of cash, a piglet, a dog or other things of

value).

b) Whenever a case is settled, he must be givenpagikna.

c) Recognition ands affirmation of the authority would best be shown if eachbinodngan will respect the right of otherbinodngan.

Section 2. The bodong holdershall discharge the functions and duties which includes but

not limited to:

a) He is 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 bodongwithout complying with the provisions

of Article VI, Section 5 of thispagta;e) He must consult the Umili and the elders in making decisions;

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

The listed functions and duties of the bodong holderis not exclusive. Thebodong holderhas other function not included here.

He has social functions. He has to feed the visitors, he has to bring the

dead of his kabodongor the latters subject to their place of origin.

Eyes, Ears and Mouth

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In the set-up of the bodong, the bodong holderof each ili has as his wards

the people from the opposite subtribe.

To illustrate:

A is the bodong holder from Laya. B is he bodong holder fromBangad. A has to look after the welfare of the iliof Bangad while B will look

after the welfare of the ili of Laya.

In conflict resolution, the working of the bodong is very much differentfrom the courts where the truth will depend on the strength of the evidence. So

much so that even if a person was killed but no evidence or witnesses areavailable, the accused will go scot-free.

The workings of the bodong do not have the complicated rules and

procedures in court. The bodong holder as the eyes, ears and mouth of thebodong, his relative and the people investigate silently and nothing could be

hidden from them.We have customary beliefs, rituals and practices which a person who kills

another has to perform. This always gives him away. Beside, as among onesubtribe, there is really no secret. It is under this jurisdiction that hearsay

evidence carries with it the truth.

The bodong holder has eyes that he may look after the welfare of hispeople, ears for him to listen to their problems and concerns and mouth to speak

out for theBinodngan in search for what is true. He is the investigator, prosecutorand judge rolled into one.

Cases:

A man from Dananao was declared missing. Nobody knows whether he

was killed or not. The bodong holderfrom Basao was informed that a man fromDananao is missing.

Silently, he must have known from his people and it was not long before

the information came out that the missing man from Dananao was killed and thesuspects are from Basao.

The KBC/CCN came to the picture and it was not long before the place

where he was buried was pointed to. It came out that the man from Dananao was

invited by a Basao tribesman for a picnic at the river. The group took with them a

dog to butcher but instead of killing the dog, it was their companion fromDananao that they killed. The reason for the killing was that they avenged the

death of their kinsman who was shot at Conner, Apayao by one from Dananao.

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When the case was settled, the killing by revenge was treated as a separate offensepot-ak.

He shall faithfully enforce and execute the provisions of the pagta and all

decisions in cases brought before it.

The bodong holderhas a dual function:

1. He must see to it that thepag ta is enforced;2. If there are violations, he must see to it that the culprit must be brought

to justice;3. He must hear and decide cases brought before him with the help of

elders and other leaders;4. He must execute the decision to the letter.

In extreme cases where decisions are not obeyed, the bodong holdermay

be forced to avenge the wrong done by himself.

He shall prosecute with dispatch cases brought to his attention until the same shallhave been settled to the satisfaction of both parties.

The case under the bodongsystem is initiated when the busdung/bugsung

di Butu is sent by the complaining bodong holder. Upon receipt of thebusdung/bugsung, negotiation ensues until the case is settled. After which, a

pagikna is given to the complaining bodong holder.

The sending of the busdung/bugsung di butu (wrap of the butu) does notmean the severance of the bodong. The bodongstill subsists and effective while

the negotiation is going on.

He shall not allow the severance of the bodong without complying with theprovisions of Article Vi, Section 5 of thispagta;

This was included to correct the practice of bodong holders who just

severe the bodongwithout consulting the umili.

The bodong holder is not allowed to act according to his whims. He isonly the spokesman of the umili from whom he derives his power. It is the umili

to decide whether to severe the bodongor not.

He must consult the umili and the elders in making decisions

As was already stated, elders and village leaders and members fromneutral subtribes bring the parties (the complainant and respondent) together in

one venue. If this is not feasible, then the elders will consult the parties separatelybeginning with the offended party and then to the party of the offender.

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Section 4. The bodong holder may seek assistance from the government for theconciliation and settlement ofbodongcases where proper.

It has been said that the bodong holderis only the symbol of thepagta. Hestands for the community in all bodongactivities, the bodong holdershoulders allexpenses, of course the community contributes by giving rice, gifts (atod) and

others.

The bodong holdermay seek assistance from the government sector, sincethis job is the promotion of peace and order which are governmental function.

Assistance here is used in its broad sense. It may include financial,

material and other forms of assistance such as government vehicles and facilities.

Section 5. The bodong holder by virtue of his functions and responsibilities in the

maintenance of peace and order shall be deemed a person in authority.

The purpose of this provision is to cloth the bodong holderwith authority

so that he could be effective in the advocacy for peace.

Section 6. The bodong holder in recognition of the importance of his functions in the

discharge of his duties without remuneration should be given the appropriate civil serviceeligibility, and insurance when feasible.

This is to provide some sort of incentive in consideration of the importanceof his functions.

ARTICLE IV

BINODNGAN

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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 resides in the ili and who elect to becomemembers and accepted as such in a manner provided for by the bodong.

Bonafide members of the subtribe

The phrase bonafide members of the subtribe refers to children born toparents of the same subtribe.

Example:

A and B are from Guinaang, Pasil, Kalinga. They married each other

and begot 3 children C, D, & E.

To what bodongC, D, & E belong? They belong to and are subjects of the

bodongof Guinaang.

Non-tribe members married to members of the subtribe

A is from Salegseg. He married B who is from Gattaran, Cagayan.

They established residence in Salegseg.

To what bodongdoes B belong? He belongs to the bodong of Salegsegby express provision of this section.

Suppose, in our example, B was injured in a scuffle by one from Dao-

angan. Is the bodongbetween Dao-angan and Salegseg affected?

YES, the bodong is affected because upon his marriage to a woman fromSalegseg, he is covered by the bodong of Salegseg by express provision of this

section.

If A and B had children, the said children belong to the bodong ofSalegseg. This is so by express provision of Section 3, Article III.

Non-tribe members who permanently resides in the i l iand who elect to

become members and accepted as such in a manner provided for by the

bodong.

Elements:

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a. Husband and wife are non-binodngan;b. They reside in any binodngan ili;

c. They elect to be members of the bodongof their residence;d. They must have been accepted as members after giving lo-om.

Examples:

A and B are from Manila who permanently reside at Naneng. They

elected to join the bodongof Naneng by performing the lo-om in all occasions andwere accepted ad included in all the bodong.

What bodongdo they belong? They belong to the bodongof Naneng.

If one or both of them are injured by an Iguilayon, is the bodongbetween

Naneng and Guilayon affected?

YES. The bodong holder from Naneng will ask his kasupang fromGuilayon to settle the case with the assailant.

Suppose in our example above, it is A who violated any of the provision

of thepagta, say he committed rape of a woman from Guilayon?

Is the bodong of Guilayon and Naneng affected? YES. As one whoelected to be aBinodngan, he accepted to be bound by the bodongand he has the

obligation to respect the bodong.

How about the children of A and B in our example above, to whatbodongthey belong?

They belong to the bodongof Naneng. There is no need for the children of

A and B to elect the bodongthey want to join. This is so because of Section1, Subsection (b), Article III.

Section 2. Children ofbinodngan 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 bodongof their father.

Children of binodngan residing in either the ili of their parents, which

bodongwill cover them? The bodongof the parent of their place of residence.

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The reason is that double citizenship is not allowed. Another reason is thatthey have lived in the place (naparatan) and its just right that they belong there.

Where the family lived outside the bugis of their parents, they are deemed

covered by the bodongof the father.

Example:

A is from Lubuagan, Kalinga. He married a woman named B fromSumadel, Tinglayan, Kalinga, They choose to reside in Sumadel, Tinglayan. They

had a son named C.

Whose bodongdoes C belong? C is now covered by the bodongofSumadel.

If in our example, C committed acts of lasciviousness on the person of

D who hails from Balbalasang, to which bodongshall the Balbalasang directtheir complaint and which bodong is affected?

The bodongaffected is the bodongof Sumadel with Balbalasang. It is that

bodongwhich will settle the case.

What about the bodongof Lubuagan and Balbalasang. Is it affected?

NO. The reason is that thepagta say so and no one is allowed to collecttwice for an offense. This would be unjust enrichment.

Suppose the relatives of A are all mingor and they do not accept the

settlement? What remedy do they have?

The pagta allows that they could ask the bodong to exclude themtemporarily from the coverage of the bodongof Lubuagan and Balbalasang for a

short period of time. This is called lasin.

What is the implication ofLasin?

They are now allowed by the bodong to avenge the wrong done to A butthe revenge shall be solely to the offender.

They are free to revenge but if they are killed or injured in the process,

then they are not allowed to claim under the bodong.

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If after the period given has lapsed without any untoward incident, thenthey are brought back to the coverage of the bodong, they are no longer at liberty

to revenge, otherwise they will be liable under the bodong.

What is meant by the phrase reside in a non-binodnganarea

Example:

Juan is from Pangol and Maria is from Lubuagan. They reside in PhilexMines, Padcal, Tuba, Benguet. They had a son called Danny.

While Danny and his companion were drinking in a Videoke bar in Baguio

City, a misunderstanding arose between Dannys group with another group andtrouble ensued.

One of Dannys companion is good in Karate and gave a blow to one of

the members of the other group and the latter fell on the floor. Danny got a knifein their table and stab the person on the floor and the victim died. It turn out that

the victim is from Tulgao.

What bodongis deemed violated?

The bodong of Pangol and Tulgao. This is so because this sectionprovides that the children ofBinodngan spouse where the parents live in a non-

binodngan area shall follow the bodong of their father. The father of Danny isfrom Pangol, hence the bodong which has jurisdiction of the case will be the

Pangol-Tulgao bodong.

Example:

Mr. Oman is from Lubo and he married Daruwa from Mabongtot andresided in Mabongtot. They had children. What bodongdo their children belong?

It was decided that they are Imabungtot by residence, hence they are not

ilubo.

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 bodongof the binodngan spouse.

Elements that must concur for this provision to apply:

1. One of the spouses is a binodngan while the other is ibaliwon

(non-binodngan);

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2. They have children;3. The spouses live in a binodngan ornon-binodngan area.

What bodongdo their children belong? They belong to the bodongof

the binodngan spouse by express provision of the pagta.

Example:

Mike is from Mabaca, Balbalan, Kalinga. He married Susan fromPampanga. They had four (4) children and they are residents of Baguio City.

What bodong do their children belong? They belong to the bodong of

Mabaca, Balbalan.

Suppose in our example, one of the spouses son Michael befriended andimpregnated a woman from Balatoc, Pasil, Kalinga, who died of abortion upon the

instigation of Michael. Whose bodonghas jurisdiction?

The bodongof Balatoc and mabaca. This is so because the father ofMichael is theBinodngan spouse.

ARTICLE V

RIGHTS OF THE BINODNGAN

Section 1. The binodngan shall have a right to his life, his property and his honor and

shall do every reasonable means to defend it.

This section covers the basic right to defend his person, property andhonor. Note that the provision uses the term reasonable means. What is

reasonable depends on the circumstances of each case. Read this in connectionwith Art. II, Sec. 5.

Rights protected under this section:

1.a. This is self-defense

The Kalinga believe that life is a gift fromKabunyan. It is something veryprecious. No one exceptKabunyan can get life from him.

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If said life is threatened, he will use every means to protect it, to preserveit and even if he has to kill in the process. Based on this principle, the practice of

revenge has find justification. Life taken has to be paid with another life.

1.b.Meaning of reasonable means to defend it

Under thepagta, if a binodngan uses his hand to injure anotherbinodngan,the offender can only use his hand in defense of himself. If he is boxed, he can

only defend himself by boxing the culprit. He is not allowed to use anydeadly weapon (patadom).

Example:

A and B are both binodngan.In a heat of anger, A boxed B

on his face wounding him in the process. B kicked A fell to the ground. IsA liable?

YES. A is liable. He was the one who started the fight. The penalty is

multa.

How about B, is he liable? NO. He was only defending himself.

Suppose in our example above, instead of kicking A, B drew out hisfan knife and stabbed A who was hit on his shoulder. Is B liable under the

bodonginspite of the fact that he was only defending himself?

YES. B is clearly liable. Under thepagta, he is not allowed to use knife(patadom). The means used to defend himself is not reasonable - therefore, he is

liable for the injury inflicted.

Suppose, in our example, instead of boxing B, A stabbed B with aknife. B retaliated by drawing his gun and he shot A, wounding the latter in

the process. Is B liable? NO. The reason is that he was defending himself andthe means he used in defending himself is reasonable.

Underbodongjurisprudence, it is A who violated the pagta (Bummug-

uy). In a sense, each will be responsible for the injuries he inflicted but the penaltyfor A being the violator is higher. He is liable to pay theButu.

2. Right to his property

2.a This contains the principle of defense of property.

Every Kalinga is entitled to a decent life in accordance with his means. In

the Kalinga social order, a person is entitled to acquire properties and is entitled totheir beneficial use, in a manner he sees it.

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There are communal properties to which he has equally same right to use.

But there are properties that properly belong to him and no one is allowed to getthem from him without his consent or authority.

We have various concepts expressive of these values:

a) Paniyaw - to claim as your own something that property belongs to

another ispaniyaw (taboo). He who does will not have a long life.

b) Agum - this refers to one who would accumulate properties, by foulmeans.

Examples:

It is paniyaw/kaniyaw to steal a chicken for it looks up high when it drinks

water (the act of looking up while drinking water is equated to acknowledgment ofKabunyan).

It is paniyaw/kaniyaw to steal bananas for your stomach will become

bloated and you will die with it.

We have a lot of examples whether the stories are myth or not, one thing issure - be contended with what you have.

If others will steal/get properties from you, thepagta says you can defend

your properties by any means reasonable under the circumstances. The questionwhich may be asked: what would happen to one who defended himself and his

property through any means reasonable? Does it constituteBug-uy?

Case:

A has a grocery store, and a bakery. Every morning at about 4:00 A.M.,children would withdraw pan de sal from said store and bakery for them to sell

around the barangay. One morning, children went to get their usual stock ofpande sal. However, taking advantage of the presence of the children, B and C

entered the store and announce a hold-up, pointing their guns and grenade to thebakery owner. There was a little pandemonium. A, the bakery owner took

advantage of the situation and shot one of the hold-uppers. The other one ran awaybut he sustained mortal wounds at about 7:00 a.m. of the same day, people found

the cadaver of the other hold-upper 50 meters away from the scene.

Is A liable for the life of the two hold-uppers?

Efforts were made for settlement of the case but the general consensus isthat, the weight of opinion would tilt in favor of A - that is, he should not be

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liable for the death of the two victims. The reason is, he was onlyprotecting himself and his property. A wanted to voluntarily help defray the

expenses. However, there was no settlement.

In another case, the carabao of A was stolen. A together with his

companion followed the hoofprints. Eventually, they caught up with the rustlers.A fair fight ensued. B, one of the cattle rustlers was killed. Is A liable underthe bodong? Is the bodongbetween the subtribes of A and B affected?

YES. Under the provision of the pagta and jurisprudence of the bodong,

A is liable for the killing, the indemnity is established using the standards ofaccidental killing. A may refuse to pay actually said indemnity. However, at the

back of his head, is the apprehension that the offended party may avenge thewrong done. He therefore opted to pay something to buy peace. This is the

usual practice. However, the bodongis not affected.

3) Right to his honor.

Dita pun/adita mansamkoy ta paniyaw. Literally, this means it is tabooto disparage the good name of a person.

To have a good name is the dream of a Kalinga. In the Kalinga society,

good reputation is a desired quality of apangat, a leader.

Respected members of a community in a Kalinga society are:

a)Pangat- a self-made man, not necessarily rich, a leader.b)Baknang- a person who is economically well-off.

c)Kadangyan - one who has everything in life, economically.

Section 2. All binodngan shall have the equal protection of the bodongand the free and

speedy disposition of their cases.

Equal protection clause- from the viewpoint of the pagta, everybody is

equal whether one is a pangat, baknang, kapus (poor), a woman, child, old andyoung. Even relatives found to be guilty must be imposed the appropriate penalty.The bodonghas no brother.

There is no one above the pagta. Even the bodongholder is sanctioned if

he is found to have violated a provision of thepagta. The violation of thepagta bythe bodongholder or his relative is termed makmak.

Free and speedy disposition of the case

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One of the virtues or merits of the indigenous system of setting cases is thespeedy disposition of cases.

What is the reason why the bodong holder has to settle the case

immediately?

Under the bodongsystem, all cases between the offender and the offendedis as much a community problem, especially if the case involves patoy. The

bodong holder is involved and if the case is allowed to drag, there is thepossibility that the offended party may take the law into his own hand and if that

is the case, the bodongmay be severed and the two subtribes may be involved.

It is always to the best interest of the two subtribes to settle the caseimmediately if only to prevent the case developing into a tribal conflict, the

community has a stake in the resolution of the case.

Settlements are open to the public

All settlements are open to the public. All those in attendance are free togive suggestions. They may help by citing jurisprudence ofbodongcases. In this

way, decisions are always based on reasons and not on whims.

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

under thispagta.

Due process under the bodong

To safeguard a person from being punished without hearing, the pagta

has established a very simple procedure. These procedures are very much like theprocedures outlined in Art VI, Sec. 5.

If there is a violation, the busdung di butu or notice is sent to the bodong

holder where the offender belongs.

The investigation then begins with both bodongholders setting the case forsettlement where the parties come together in a confrontation. The conferencegoes on from day to day until it is finished.

Pandaya/Paldaya

Where there are no witnesses but a person is suspected and there is

sufficient ground to believe that he may have committed the act, the case will besettled. The suspect pays the apas for having been suspected, while the

investigation goes on as regards the identity of the person who committed the act.

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If the culprit is found out, the apas shall be refunded by the culprit. Under

this setup, the suspect helps in the further investigation of the case.

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

This is a new provision. It provides for the right of a binodngan to testify

in favor or against any binodngan. In like manner, he is obligated to testify.

Right to testify

For as long as he is vital witness to a crime, no one is allowed to preventhim from testifying, on the flimsy ground that the person he is testifying against is

a binodngan. In fact he is obligated to testify. He must be a material witness.

Reason for the inclusion of this provision

The bodongalways seek for the truth. The system may be simple, but inalmost, if not all cases, the truth always comes out and the culprit is punished.

There is really justice as it is always based on the truth.

The bodongsystem has a unique way of finding the truth.

Section 5. Every binodngan has the right to adduce evidence in his favor, including theright to demand that a binodngan who witnessed the incident shall testify in his favor.

Right to adduce in his favor and to demand witnesses to testify in his favor.

The right given here may pertain to the offender or the offended. This is to

be distinguished with the provision of Section 4 above. Section 4 deals with theright of a material witness to testify for or against the accused.

It has been observed that binodngan who witnessed the commission of a

crime against or for a binodngan refuses to testify. The reason is that they mightbe sanctioned by the bodong. Not to testify is wrong. After all, any one who tellsthe truth is free to do so. Tell the truth and the truth will set you free

To testify for or against is a right as it is an obligation. The penalty for

refusal to testify is one carabao.

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In as much as a binodngan has a right and obligation to testify for oragainst anotherbinodngan., this pagta also give the binodngan a right to adduce

evidence in his favor and to demand that witnesses will testify in his favor.

Section 6. There shall be equal treatment in the imposition of fines and penalties and noexcessive fines shall be imposed.

The provision complements the provision on equality of all binodngan

before the eyes of the law. It speaks of equal protection in the imposition of finesand penalties.

There has been allegation of inequality among binodngan. People often

pejoratively refer to the people from upper Kalinga subtribes as Kawitan andlower Kalinga subtribes as Upa.

The accusation is that for the same offense, the people from upper Kalinga

would demand a higher amount of indemnities if they are the offended and wouldtry to reduce the indemnities if they are the offenders.

This perception, whether correct or not is the evil this provision intends to

correct.

The aim is to remove any form of distinction in the imposition of fines andpenalties.

No excessive fines

This provision was inserted with the intention to forestall anyone from

demanding more than what the pagta provides. The key word here isreasonableness of the demand and/or the ability of the accused to pay.

It would be useless to demand for a penalty very much higher than what

the pagtaprovides especially so if he accused has no property to pay indemnities.This is so for if the accused cannot really pay, and if his relatives have also no

money to lend to the accused, then the offended might be tempted to take the lawinto his own hands.

To a Kalinga, what is important is that the case has been settled.

Section 7. Every binodngan shall have the option to seek justice under the bodongor the

regular courts of justice.

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The first sentence gives the offended binodngan the option to go to courtor to avail of the justice system of the bodong. This is highlighted by the double

jeopardy clause.

If the offended chooses the court, the offender is still required to give,

provide, and perform the customary rituals and practices.

Section 8. No binodngan shall be twice put in jeopardy for the punishment of the same

offense. If a binodngan is punished by the bodongor 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 rituals and practices of the bodong.

This provision was included as a new provision. This is a concession to thenational criminal justice system to prevent one from being punished under the

bodong and under national laws.

In view thereof, Section 7 expressly gives the offended party the option togo to the bodongor to the court. He is precluded from claiming again under the

bodong. In like manner that one cannot go to court after the case shall have beensettled in the bodong.

It is elementary principle that one cannot recover twice from the same

offense. This would constitute unjust enrichment.

ARTICLE VISPECIFIC CRIMES AND THEIR PENALTIES

Section 1. Patoy (killing) - Any binodngan who shall kill or inflict injury to anotherbinodngan shall be guilty ofpatoy.

There is patoy when a binodngan with intent to kill. It includes physical

injuries.

But there is distinction when blood is spilled through the use of a barehand.

Under our penal code, there are qualifying aggravating circumstances.There are circumstances which elevate the killing to murder. Under the pagta,

there are no such circumstances. For as long as a person is killed with intention

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without any justifiable cause, it ispatoy. Was blood intentionally spilled?This is the essence ofpatoy.

Example:

A and B were drinking in a restaurant at the public market of Bulanao,Tabuk, Kalinga. A said something which B resented. B boxed A on hisface hitting him in the mouth and As lips was injured and one tooth has to be

removed as a result thereof.

B however is liable for less serious physical injuries and the maximummulta is for B to butcher a pig.

How about if instead of his bare hands, he used a piece of wood or a stone?

Still there is only physical injury. Only the multa is increased to one

carabao.

Examples:

A and B were drinking beer at one of the stalls in the market inBulanao. A got a beer grande bottle with its contents and struck B on his

head. B sustained injuries.

It was held that the crime committed is notpatoybut physical injuries. Bwas therefore made to pay one carabao as multa plus the customary expenses in

connection with the settlement of the case.

Where a bladed weapon is used, the denomination of the offense is patoy

In one case, the facts are follows:

A was a bit drunk. He was inside a jeep. B and C made some jokesto A which he resented and drew his knife. B and C scampered outside and

they were immediately followed D who was on the top load of the jeep, sawwhat was happening. He jumped down and immediately restrained A at his

back. A stab D with said knife by swinging his hand to his back, hitting Dwho shouted for help from B and C who both responded immediately.

They wrested the knife from A and stabbed the latter thrice at the vital parts ofhis body. A was rushed to the hospital and he survived.

In was held that A violated the pagta. His crime is patoy. But instead of

sending the butu, the tribesmates of B,C and D agreed among themselves that thecase should be settled among the parties. After confrontation, it was held that A

should answer for the tingitingandsongaof D. D and his companionlikewise gave a pig as songa and a chicken as tingiting to A. in like

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manner, B, C and D were responsible for the hospital and medical expenses ofA and A likewise pay the medical expenses of D.

But inasmuch as A violated thepagta, the bodongrequired him to pay a

multa of two carabaos and D and companions were made to pay a multa of one

big pig.

It was so decided this way for if the butu will be sent and the bodong

holder will drastically act to avenge the wrong done, then trouble will erupt andeventually the bodongwill be severed. (Lubo vs. Butbut).

Where both the parties were injured, each will be responsible for the consequences

of his acts; set off

Case:

It was 9:00 oclock p.m., B was walking along a dimly lit street at Purok1, Bulanao, Tabuk, Kalinga. While walking, A drew out his knife and stabbed

B inflicting injuries on B. B drew out his gun and shot A who died.

The case was settled. A was adjudged as the bummug-uy(violator of thepagta), but because he is dead and B was only defending himself, B was held

liable to the death of A. he was to pay P 100,000.00. A was the violator andhe was to answer for the injuries sustained by B, A and his tribesmates has to

pay Fifty thousand pesos (P50,000.00) as mandated by the provision of the pagta.There was set off and the tribesmates of B paid Fifty Thousand pesos (P

50,000.00). With this settlement, the bodong was restored. (Mangali vs.Maducayan).

Case: Dananao vs. Bangad

A and some lady companions were on board a kuliglig from

Agbannawag, Tabuk heading for Barangay Lacnog. B who was at the kiosk(waiting shed) whistled at the lady companions of A. B hearing the remarks

of A went near the kuliglig which momentarily stopped in the middle of theroad. Some remarks exchanged between them. B boxed A who was injured on

the mouth. A was about to draw his bolo but B wrestled with A with thepossession of the bolo. B was injured by the bolo on his hand. The companion

of B went to the succor of B and kicked A and his feet was injured withsaid bolo. While A was running away, he was stoned on the head.

The parties agreed for amicable settlement and after much debate, it was

held that A has to pay B the sum of Sixty Thousand Pesos (P60,000.00).

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It was found out that both A and B were at fault. B was adjudged asguilty forboxing A. Likewise, it was shown that A was also hit with a stone

on the head and was injured.

For having started the fight and for inflicting injuries on A, B was

required to pay the maximum penalty (multa) of one carabao.

For drawing out a bladed weapon (patadom) in retaliation, the act of A

is not justified. The pagta says if you are boxed, you may box- but you are notallowed to use a bladed weapon (patadom) and because B and his companions

were injured with the use of a bolo, A has to pay the maximum multa of 2carabaos as provided by Sec. 2, Art. VI for the two (2) injuries. A has to pay

four (4) carabaos but because he was also injured, one (1) carabao should bededucted.

The value of 3 carabaos is more or less roughly pegged at Fifty Thousand

pesos (P50,000.00). However, because A did not give any amount for medicalexpenses, the songa and the customary expenses, the amount of P 10,000.00

would seem reasonable for said purpose. Hence, the settlement is Sixty ThousandPesos (P60,000.00).

Note: The amount of damages could have been higher if A drew out the

bolo and struck B and his companion with it. The intention to injure is not veryclear as he drew his bolo.

Section 2. Ifpatoy 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 ofpatong-al,

paata , imbaluwan/siglot and pinadatong. In addition thereto, he shall pay three (3) carabaos asbutu to the offended peace pact holder, one to be given to his kasupangand the other one to be

butchered during the amicable settlement plus reasonable customary damages.

The penalty is pegged in carabaos. The reason for using carabao as

exchange of value is its availability and abundance and inflation is avoided as it isdeterminable.

It could however be paid in cash, lands and heirlooms. The reason forallowing this mode of payment is to facilitate easy payment and the early

resolution of the case.

Dusa are damages to be given to the offended, including patong-al,paataand inbaluwan/siglot(the amount given to the widow/er;

Pa-ata (rootword is ATA - eyes)

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Case:

Casiw was killed by Rustom Iwangga et. Al. Aside from paying antiquejars, Rustom has to pay three (3) carabaos to the offended bodongholder (from his

own village), this is to appease his anger for the killing was a direct insult to his

authority. This is called the butu (groin). Likewise, he is required to give one (1)carabao to his kasupang(counterpart peace-pact holder) as a token and a symbolthat the case has been settled amicably.

Still, the offender has to produce one (1) more carabao to be butchered and

served to the public who came to attend the settlement.

So, all in all, he has to produce Thirteen (13) carabaos. Because this iskilling, some rituals have to be performed such as pakan/sikdug and

dalan/pasulkod.

Rituals - any form of action performed according to a prescribed set ofrules, usually with symbolic meaning.

The following are the examples of the rituals:

a)Kabkab - before serving meals, the host will give a pan, put water in it,

put coins or iron instruments/tools and embers into the water together with leavesof reeds (apin) tied into a knot (purdos/puldos).

Each of those who partakes of the meal will dip their fingers into the water

and tip their stomach. They then get a coin or any iron instrument.

This is done pursuant to the common belief that if the said ritual is notdone, the stomach of those who ate submerged into a pan of water are believed to

prevent the escalation of the conflict and it likewise symbolizes that the conflictends.

b) Pakan/ gusgus - any amount or material thing to be given by the

offender to the immediate relatives of the victim before they partake of the meals.

Another case:

A shot B his issued armalite rifle. B died as a result thereof. For saidkilling, A gave one (1) hectare of irrigated Riceland valued at One Hundred

Twenty Thousand pesos (P 120,000.00).

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

Section 8 of this Article.

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Refer to annotation under 8,9 and 10 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, anudmakmak.

This section provides for the manner of and the circumstances under which

the killings were committed.

Ba-ug- when a bodongholder or his relative kill a kabodong.

Makmak/ngosngos are the other terms in Northern Kalinga. This is the

ugliest kind of killing. It entails lifetime stigma (uyaw). The penalty should behigher from that of the ordinary killing (patoy).

Sanob - ambushcade

Lomong/Liput- killing in secluded place

Kodot- killing by poisoning

Anud- killing by drowning

Cases:

1. A, B and C went to a barangay in Tinglayan, Kalinga. While inthat barangay, all of them were killed. The crime committed is ba-ug, because

they killed their kabodong. This is the worst kind of killing to a Kalinga. It istaboo (paniyaw/kaniyaw) and it is believed that the life of the killer is shortened

and his clan shall not prosper in life (makuras/maumas).

2. A is the son of a bodongholder. A stabbed B who is from the subtribewith whom his father is the bodongholder. It was held that the crimecommitted is

makmak/ngosngos.

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 ofjustice, or he may go to the bodong. If he chooses the bodong, the following procedures shall

apply:

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1. The offended party must report thepatoy to the bodongholder;

2. The bodongholder of the aggrieved party shall first refer the case to his kabodong or

kasupang(bodongholder of the other subtribe) by sending the bugsung/ busdung di butu with

the accompanying letter narrating the facts of the case;

2.a Upon receipt of