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TRADITIONAL-TRIBAL AND BARANGAY JUSTICE


SYSTEMS AMONG THE INDIGENOUS PEOPLES

A Dissertation
presented to the
Faculty of the Graduate School of
Health Science, Management and Pedagogy
Southwestern University
Cebu City

In Partial Fulfillment
of the Requirements for the Degree
DOCTOR OF PUBLIC ADMINISTRATION

by
JOSEPHINE T. ESTOPIL
March 2014

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ABSTRACT
Title

: TRADITIONAL-TRIBAL AND BARANGAY


JUSTICE SYSTEMS AMONG THE INDIGENOUS
PEOPLES

Author

: Josephine T. Estopil

Degree

: Doctor of Public Administration

School

: Southwestern University, Cebu City, Philippines

Sponsor

: Institucon Teresiana de Educacon Y Cultura, Inc. (ITEC)

Adviser

: Dr. Alexander Mancao

Date

January 29, 2014

Objectives and Scope


This descriptive-case compared the traditional-tribal and the barangay justice systems of the selected
Higaonon communities in Impasugong, Bukidnon. It described the barangays and tribal communities,
traditional-tribal and barangay justice systems; and determined the other issues and problems in the
administration of the two justice systems.
This study was conducted in the Municipality of Impasugong, Bukidnon and participated in by fiftyfive (55) key informants who were residents of the different barangays. Thirteen (13) Barangay Chairmen,
eleven (11) AGHIMICU Tribal Datus, fifteen(15) representatives from Tribal Baes, Insaans and Community
Facilitators. The focus group discussions (FGDs) for eight (8) persons per group were conducted in two
settings for Barangay Justice System. A total of sixteen (16) persons attended the FGDs who were
representing the Lupong Tagapamayapa members, church leaders and Non-Government Organizations
(NGOs).
Findings
The Municipality of Impasugong has 13 barangays. Out of thirteen (13) barangays, only one (1) has
been classified as urban, three (3) as urbanizing and the nine (9) as rural. The municipality has a total land area
of 107,167.00 hectares with 82.68 percent classified as timberlands and 17.32 percent alienable and disposable
lands. Based on the Revenues and Receipts for the year 2012, the actual collections of the municipality was
Php130,650,912.89. Out of that report, the Internal Revenue Allotment (IRA) was Php129,411,243.00. Thus, the
municipality is heavily dependent on the IRA and that include the barangays in their operations. The major
source of income of the residents is farming. The rests are engaged in business and trade, while others are
locally employed in government agencies and private companies .
The Agtulawon Mintapod Higaonon Cumadon (AGHIMICU) Ancestral Domain belongs to the
Municipalities of Malitbog and Impasugong, in the Province of Bukidnon. Geographically, Mintapod belongs to
the Municipality Malitbog, but politically, both Adtulawon and Mintapod belong to the Municipality of Impasugong.
The Certificate of Ancestral Domain Title (CADT) No. 054 was awarded to AGHIMICU covering the more or less
14,300 hectares on May 15. 2008 by the government. The total population of AGHIMICU villages as of 2006 is
3,019. Agtulawon-Mintapod territory is composed of 55% Higaonons, 5% mestizos (one of the parents is a
Lumad) and 40% Dumagats (Non-Lumad or settlers). The Higaonons have minimal income from their communal
farms while some of them are selling abaca hemp and Hinabol (hand-woven cloth) as cash sources of income.
There are some Higaonons occasionally work for the lowlanders like farm laborers, househelpers, rattan cutters,
drivers etc.
The FGDs and Key Informant Interview reveal that both Barangay Justice System and Traditional-tribal
Justice System are guided by their respective laws but differ primarily on the nature and application of laws in
administering justice.
It also revealed that the two systems have the same purpose but differ in the concept of amicable
settlement.

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Both have mediators with moral authority but differ in carrying out their roles and functions in justice
administration and governance.
These two Justice Systems also settle amicably some criminal and civil cases but differ in the
mediation practices and penalties.
Moreover, both the Barangay Justice System and Traditional-tribal Justice System have corresponding
penalties and punishments for violations or crimes committed but differ on the prosecution of cases; and
When resolution of conflicts becomes difficult especially involving the Lumads (Indigenous Peoples)
and Dumagats(Non-Lumads or Settlers) both justice systems are available as an alternative dispute resolution.
Thus, the interfacing of the two justice systems are practiced exhaustively by the mediators without even
realizing it.
Conclusion
The reluctance of the Indigenous Peoples to use the Barangay Justice System is culturally rooted.
The speedy dispensation of justice is more accessible in the informal justice system -Traditional-tribal Justice
System than the formal justice system. However, Tribal communities within an organized barangays have
utilized and accepted the Katarungang Pambarangay as an alternative system of settling disputes. There is a
significant difference between the Traditional-Tribal Justice System (TJS) and Barangay Justice System (BJS)
in terms of their organizational structure, mediation procedures and imposition of penalties. Despite its
differences, the BJS &TJS did more to help in decongesting a huge backlog of cases in formal justice system
by lines of communication, participation and influence in case dispensation.
Recommendations
1. PARA-LEGAL TRAININGS AND MANAGEMENT LITERACY. To build the capacities of recognized
mediators and potential leaders in both traditional-tribal and barangay justice systems to enhance their
existing local knowledge.
2. QUANTITATIVE STUDY. To deepen this study by conducting a quantitative research.
3. RECOGNITION OF A HYBRID CONFLICT-RESOLUTION MECHANISM. To support the interfacing of the
Barangay and Traditional-tribal justice systems among the indigenous cultural communities.

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LIST OF TABLES
Table
1
2
3

Page
11
14
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Profile of the Barangays


Tribal Community Profile
Distribution of Responses of the Group 1-A (Tribal Datus) on the
History, Purpose, Composition, Roles and Functions of Members,
Types of Cases Handled, Means of Solving Problems
and Administration of Justice
Distribution of Responses of the Group 1-B (Tribal Baes and other members)
on the History, Purpose, Composition, Roles and Functions of Members,
Types of Cases Handled, Means of Solving Problems
and Administration of Tribal Justice

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Summary of Responses of the Tribal Datus and Tribal Baes and other
members on the History,Purpose, Composition, Roles and Functions of
Members, Types of Cases Handled, Means of Solving Problems
and Administration of Justice

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Distribution of Responses of the Group 2-A(Barangay Chairmen)) on the History,


Purpose, Composition, Roles and Functions of Members,
Types of Cases Handled, Means of Solving Problems
and Administration of Barangay Justice

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Focused-Group Discussion Responses of the Group 2-B1 (Lupon Members,


Church & Purok leaders, NGO Rep. of Lompatag Plains)

Focused Group Discussion Responses of the Group 2-B2 (Lupon Members,


Church & Purok leaders, NGO Rep. of selected Urban,
Urbanizing and Rural Barangays)

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Summary of Responses (FGDs and Key Informant Interviews) of the Barangay


Chairmen and Lupon Members, Church & Purok Leaders, and NGO
Representatives on the History, Purpose, Composition, Roles and Functions of
Members, Types of Cases Handled, Means of Solving Problems and
Administration of Justice

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Summary of Responses of the Group 1 on the Other


Issues and Problems encountered in the Administration
of the Traditional-tribal Justice System among the
selected Higaonon Communities

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Summary of Responses of the Group 2 on the Other Issues and Problems


encountered in the Administration of the Barangay Justice System of the
selected Higaonon Communities

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Comparative Analysis of the Traditional-tribal and Barangay Justice


Systems based on the Responses of the Two Groups of Respondents

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TABLE OF CONTENTS

Page
ABSTRACT
2
LIST OF TABLES
4
TABLE OF CONTENTS
5
Chapter I
THE PROBLEM AND ITS SCOPE
INTRODUCTION
Rationale of the Study
6
Review of Related Literature
6
THE PROBLEM
Statement of the Problem
8
Significance of the Study
9
RESEARCH METHODOLOGY
Research Design
9
Research Environment
9
Research Respondents
9
Research Instrument
9
Sampling Procedure
10
Research Procedures
10
Data Gathering
10
Data Analysis
10
DEFINITION OF TERMS
10
Chapter II
PRESENTATION OF FINDINGS, ANALYSIS AND INTERPRETATION OF DATA
Profile of the Barangays
11
Profile of the Tribal Communities
14
The Traditional-tribal Justice System
16
The Barangay Justice System
25
Other Issues and Problems in the administration of the Traditional-tribal
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and Barangay Justice Systems
Comparative Analysis of the Traditional-tribal and Barangay Justice Systems
38
Chapter III
SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS
Summary of Findings
40
Conclusion
41
Recommendations
42
REFERENCES
42
CURRICULUM VITAE
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CHAPTER I
THE PROBLEM AND ITS SCOPE
INTRODUCTION
Rationale of the Study
The Philippine Constitution under the framework of national unity and development mandates state
recognition, protection, promotion, and fulfilment of the rights of Indigenous Peoples (IPs). Further, Republic
Act 8371, also known as the Indigenous Peoples Rights Act of 1997, has become the foundation of current
national policy on IPs. The massive entry of migrants since 1970s into the Higaonons ancestral domain in
Agtulawon-Mintapod, Impasugong, Bukidnon has awakened them the necessity to strengthen their tenurial
instrument over their ancestral land.
According to Gaspar (2013), the Lumads (a collective name for the 18 ethno-linguistic groups of
Mindanao) are the poorest and most exploited by those who hold political, economic, social and cultural power
and capital, especially those in control of mining and logging firms as well as agri-business plantations, but
also small-time businessmen and politicians as well as the various armed groups. He added that the richness
of the Lumad cultures and belief system are now under attack because of the influences of Western-dominated
globalization as well as by tourism. These issues and problems have influences in Lumad cultures, including its
administration of justice. In this research, conflict-resolution is seen from the perspective of using both the
Tribal Justice System and the Barangay Justice System among the Indigenous Cultural Communities and the
culturally-mixed communities. The interfacing of two justice systems is a strategy to identify the best practices
of indigenous and mainstream systems in solving conflicts. This is an approach that attempts to blend the
strengths and minimize the weaknesses of the two justice systems practices in tribal communities within an
organized barangays.
Several years ago, the Philippine local judicial system was criticized as inefficient due to the
discriminate filing of cases in court even for minor reasons that could otherwise be settled outside. These
contributed to the congestions of court dockets and to the eventual deterioration of quality of justice dispensed
by the court. In response to the flaws in the local judicial system, a Presidential Decree No. 1508 was
promulgated on June 19, 1978 by former President Ferdinand Marcos. It established a body in every
barangay known as Lupong Tagapamayapa (Barangay Court) mandated to settle disputes at the barangay
level.
This study looked into the impact of Presidential Decree 1508 or Katarungang Pambarangay Law since
its promulgation in 1978 on the political structure and dispute processing organization of the barangays; and
how barangay justice was accepted and utilized in the resolution of conflicts among the Higaonons of
Impasugong, Bukidnon.
Review of Related Literature
This part presents the review of literature taken from local and
foreign experiences and Studies
that provide insights and direction to this research.
According to sociologist Richard Quinney, "crime is a social phenomenon" and is based on
how individuals conceive crime and how populations perceive it. From Merriam-Webster
dictionary,
crime is defined as the intentional commission of an act usually deemed socially harmful or dangerous
and specifically defined, prohibited, and punishable under criminal law.
According to Immanuel Kant, the only legitimate form of punishment the court can prescribe must be
based on retribution. Judicial punishment in cases must be imposed to the offender on the ground that he
committed a crime. Punishment is justice and must be enforced by the government because of the law. If the
guilty is not punished, justice is not done and the idea of the law is undermined if justice is not done.
Based on the U.S. Legal (2012) conflict resolution is also known as dispute resolution or alternative
dispute resolution. Other methods adopted for conflict resolution includes negotiation, mediation, and
diplomacy. Peace is also fostered by understanding the emotions of conflict (cited by Ilagan, Mindanao
Resilient Communities Project 2011).

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According to the Commonwealth of Australias Strategic Framework for Access to Justice (2009) to
improve the quality of dispute resolution, justice must be maintained in individuals daily activities, and dispute
resolution mechanisms situated within a community and economic context.
A study in Northern Kenya found out that cattle rustling, and to some extent, land clashes are the main
manifestation of conflicts (Practical Action EA, 2003). It concluded that customary indigenous governance
mechanisms can provide a solid framework for building a communitys conflict resilience through strengthened
traditional conflict resolution mechanisms, enhancing local peoples potential and rediscovering elders wisdom,
knowledge and other resources.
In the 1970s in the United States, there has been a growing enthusiasm and popular interest in
Alternative Dispute Resolution systems such as mediation, conciliation, negotiation and arbitration. This was
due to deficiencies and delays in the court-centered approach, among many other reasons. Litigants became
weary of facing each other and the judge in court, people were looking for a less expensive venue for justice,
or simply were in search of forms that were less formalistic than the conventional courts (Bell & Kahane, 2004).
Scheinin (2003) said that it is not surprising that indigenous communities nowadays in developing
countries seldom use the courts. In general, they do not trust the system, the advocates, or both. It will be too
complicated and tiresome for them. They will not have the resources for it.
The World Conference on Human Rights in 1993 explicitly highlighted the international communitys
commitment to promoting the economic, social and cultural well-being of indigenous peoples. With increased
frequent interactions with individuals from different cultural backgrounds, there is a greater opportunity for
cultural differences to create conflict (Kaushal & Kwantes, 2006). At the formal level, there have been various
approaches done in Colombia to the challenge of reaching a peaceful resolution of conflicts with the armed
groups (Duran, 2004).
The Philippine justice system may be divided into two types: the formal and the informal. The formal
justice system includes the courts, the police, corrections or prisons. The informal side of the justice system
involves the council of elders, indigenous justice dispensation practices, and local other arbitration
mechanisms (Primer, 17thDiliman Governance forum, 2008). Kaufman (1991) noted that discontent on the part
of various groups is the dynamic force that motivates quest for new forms. All human activity takes place within
a culture and interacts with culture. For an adequate formation of culture, the involvement of the whole man is
required, whereby he exercises his creativity, intelligence and knowledge of the world and of people
(Centisimus Annus,n. 51).
President Benigno Simeon Aquino III signed Executive Order No. 11 on November 10, 2010, returning
the Indigenous Peoples body back under his office to ensure concerted efforts in formulation and
implementing policies, programs and projects geared towards the protection and promotion of the rights and
welfare of Indigenous Cultural Communities/Indigenous Peoples.
The National Commission on Indigenous Peoples, by virtue of Republic Act No. 8371 or the Indigenous
Peoples Rights Act (IPRA), was created as an independent agency under Office of the President as the
primary government agency that will formulate and implement policies, plans and programs to promote and
protect the rights and well-being of IP communities and recognize their ancestral domain as well as their rights.
According to Sario (2012) Provincial Officer of the National Commission on Indigenous Peoples (NCIP),
Bukidnon is becoming the first province in the country to comply with mandatory representation of the
Indigenous Peoples (IP) in all levels of local government, a requirement provided by the Indigenous Peoples
Rights Act (IPRA).
In the study of Save the Children (2004) a further research is recommended that will examine the most
appropriate models of restorative justice, specifically the practice of indigenous communities that may
constitute restorative justice. It involves bringing together the offender and the victim in mediation in community
setting, using respected community members as mediators. All these sum up what many communities have
found to be a better way of settling disputes and keeping the peace restorative justice( Manlupig et. al.,2010)
According to Lao(1996), the NARRA (National Resettlement and Rehabilitation Administration) program
of the government in the 50s has encouraged migration of Filipinos from the largely Christianized provinces of
the Philippines to Bukidnon not only for economic growth but also to serve as agents of integration of the
Bukidnon natives.The participation in government affairs by some qualified Lumads as a result of integration
program is a significant sign that they are already set within the range of modern government where laws are
based upon the legal system accepted and practiced by Filipinos in a more advanced communities of the
country.

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According to the some Datus of Impasugong, Bukidnon, for many years conflict among the indigenous
communities can be easily resolved because of the application of their customary laws. Every common
undertaking comes through ethnic ritual like for instance, the dispensing of justice. Robert Lowie in 1947
pointed out that unwritten laws of customary usage are obeyed far more willingly than our written code or
rather obeyed spontaneously.(cited by Burton and Canoy, Concept of Justice, March 2011).
According to Brazal (2004) the influx of Christian migrants in the Mindanao archipelago, especially in
the second half of the 20th century, has led to social instability in the region leading to the emergence of
politicized ethnic identities Bangsamoro, Lumads (Indigenous Peoples) and Christians with religion as the
primary cultural marker.
Doro (2005) on her case studies on Rido, the data collected showed that among the indigenous
communities the concept of honor and pride were noted to play an important role in the escalation or the
resolution of conflict. Among the Meranaos the maratabat or bantugan (honor) extends to the family and the
lineage, so resolution may take more time than among the Lumads.
Burton, Matuan et. al. (2005) both the Lumads and the Meranaos consider adherence to customary law
as being more effective than the use of non-traditional means Katarungang Pambarangay-the governments
Barangay Justice System . In addition, the governments system will also be invoked whenever deemed to be
more effective. It further explained that the Lumads tend to resort to the Katarungang Pambarangay when the
conflict involves a Lumad and a migrant settler. Use of traditional and non- traditional means in conflict
resolution can be seen as adaptive strategies to prevent the escalation of conflict and the restoration of
harmonious relationships among the communities and kin groups. Hybridity is in the context of situation where
two conflict resolution mechanisms are used in the same community (Clark and Stephens, 2011 ).
Presidential Decree No. 1508 promulgated in 1978 established a system of amicably settling disputes
at the Barangay level. Barangay settlement as a pre requisite to bringing suit in the regular courts of justice is
the most salient features of the Katarungang Pambarangay Law.
According to Alejo (cited in Tan, Inquirer Mindanao, June 16,2002,p.18) much is lost in a society if a
group of people with its own system of ethics, justice and peculiar way of nurturing the environment is not
listened to. This extensive review of the forgoing related literature on conflict-resolution and justice
administration will serve as means for building a culture of peace, justice and a positive appreciation for each
others culture.
THE PROBLEM
Statement of the Problem
This study determined and compared the Traditional-tribal and the Barangay Justice Systems of the
selected Higaonon communities in Impasugong, Bukidnon. Specifically, the study answered the following
questions:
1. What is the profile of the barangay /community in terms of the following:
1.1. classification;
1.2. land area;
1.3. population;
1.4. annual income; and
1.5. means of livelihood?
2. How can the Traditional- tribal justice system of the Higaonons be described in terms of:
2.1 history;
2.2 purpose;
2.3 composition;
2.4 roles and functions of the members;
2.5 types of cases handled;
2.6 means of solving problems; and
2.7 administration of justice?
3. How can the barangay justice system of the Higaonons be described in terms of:
3.1 history;
3.2 purpose;
3.3 composition;
3.4 roles and functions of the members ;

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3.5 types of cases handled;
3.6 means of solving problems; and
3.7 administration of justice?
4. What are the issues and problems encountered in the administration of the traditional-tribal and the
barangay justice systems of the selected Higaonon communities?
5. What hypotheses can be formulated based on the comparative analysis?
Significance of the Study
The result of this study will be beneficial to the following:
The Local Government Units(LGUs)especially the Barangay leaders, the findings of the study can
serve as basis for handling conflicts among the indigenous people and the settlers or lowlanders;
The Indigenous Peoples, for the findings will enable them to foster a deeper appreciation of their
culture by preserving their Tribal Justice System and recognize the Barangay Justice System as means
towards peace and development;
The National Commission on Indigenous Peoples(NCIP) and other government and private
agencies involved in the development of Indigenous Peoples, the findings of this study will serve as inputs
in their assessment, planning, formulation and evaluation of their development agenda;
The Philippine legislators, the findings can serve as important reference in drafting bills which has
cultural impact not only for the recognition of traditional conflict resolution but also of the customary laws and
indigenous system of governance;
Policy-makers, Indigenous peoples customary laws, conflict prevention and peace-building practices
are to be respected and, where possible, incorporated into governments conflict-resolution processes and
peace-building initiatives;
The Researcher, the journeying with the Indigenous Peoples will increase her cultural intelligence and
conflict resolution ability; and
The Future Researchers, the collected data would be helpful for the expanded research to be done
comparatively with other Indigenous Peoples of the Philippines.
METHODOLOGY
Research Design
The study used the descriptive- case study method employing qualitative approach specifically
observation and immersion technique in the gathering of data.
Research Environment
Impasugong is strategically located in the Northeastern part of the Province of Bukidnon. The town
proper is approximately 75 kilometers from Cagayan de Oro City, a good one and one half-hour drive and it is
half an hour away from Malaybalay City, the capital of the province. Impasugong is politically subdivided into
thirteen (13) barangays namely: Poblacion, Capitan Bayong, Impalutao, Kalabugao, Bulonay, Bontongon,
Guihean, Sayawan, Hagpa, Kibenton, La Fortuna, Dumalaguing and Cawayan. Impasugong is a first class
municipality. The urbanization status of the municipality is classified as partly urban. Impasugong, the
Bukidnons 136-year old town has been declared as the tribal capital of the province in 2012.( CBMS 2004).
The research sites for theTribal Justice System was Agtulawon-Mintapod territory. Politically,
Agtulawon and Mintapod belong to the Municipality of Impasugong, Bukidnon. But geographically, Mintapod
belongs to the Municipality of Malitbog, Bukidnon. These tribal communities are part of Lompatag Plains-the
sacred grounds of Northern Higaonons. The Agtulawon-Mintapod territory has the following gaups or villages:
Mintapod, Bontongon, Lubenta, Kabagtukan, Mahagwa/Tingay-tingay, Lamingan, Hagpa, Pulahon, Lunson,
Amusig, Naabat, Paculab and Kiudto. At present, the Council of Elders is also the Peoples Organization (POs)
named Agtulawon Higaonon Mintapod Cumadon (AGHIMICU) headed by thirteen(13) datus, that represent the
different Higaonon gaups covering fourteen thousand three hundred(14,300) hectares.
Research Subjects/Respondents
The main aim of the study was to compare the traditional-tribal and the barangay justice systems of the
selected Higaonon communities in Impasugong, Bukidnon. The identified indigenous communities occupy the
highland part of Lompatag Plains. At present, the Higaonons can be classified into three categories: a) Those
on the semi-primitive communal stage - still residing in the forest; b) Those who have been assimilated into the
ranks of the Non-Higaonon majority-residing in the edge of the forest; and c) Those in between Categories a
and b, and who are undergoing the choice of being assimilated to either Category a and or b.
Research Instruments

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An interview guide was used to gather information and data. The topics included in the instrument
were the tribal justice system, conflict resolution policies and procedures, administration of justice, customary
laws and barangay justice system based on the Local Government Code of 1991. The in-depth interview and
focus group discussion using the semi-structured interview guide were the major tools in gathering the data
necessary of the study. Interviews were partially structured by a written guide to stay focused on the issue at
hand. The interview guide was prepared in English and translated in Binukid- the native language of the
Lumads of Bukidnon to facilitate communication. The researcher did the Literature Survey and Content
Analysis of Secondary Data that were culled from similar studies or related researches.
Sampling Procedure
The study used purposive sampling. The total number of Key Informants was fifty five (55) who were
directly involved in the justice administration and had experiences in tribal and barangay systems. The Key
Informants were divided into two groups according to their role in the community. Group 1 was composed of
AGHIMICU Council of Elders and members (11 Tribal Datus, 15 Baes or members); Group 2 was composed of
Key Informants from the thirteen barangays (13 Barangay Chairmen, 16 coming from Lupon Tagapamayapa,
Local Church,NGOs).
All of the respondents were residents of the Impasugong, Bukidnon coming from different gaups and
barangays. Of the fifty five (55) respondents, forty five (45) were males and ten (10) were females.
Research Procedures
Data Gathering
The Impasugong Municipal Development Council approved the study thru Resolution No.08, Series of
2013. The Tribal Datus also approved the research and ritualized the acceptance of the researcher, through a
Singampo or formal procedure done in the Tulugan or Tribal Hall by the Council of Elders with the Higaonon
Communities around.
To supplement the information taken from the identified Key Informants, Focus Group Discussions
(FGD) were conducted to selected participants from Agtulawon- Mintapod territory, Barangay Chairmen and
selected Lupong Tagapamayapa members and other local leaders who experienced settling disputes within
the barangay. The researcher made use of the tape and video recorders in gathering data from the key
informants. Four of the six members of the research team are Higaonon Professionals- served as interviewers,
facilitators and transcribers and the other two members (including the researcher) acted as documentors.
Data Analysis
The researcher used content analysis and thematic analysis in the treatment of data. The data from
audio recording were transcribed. The data collection and analysis took place simultaneously. The researcher
noticed that even background reading formed part of the analysis process especially those data that explained
the emerging theme.
For the comparative analysis, the researcher compared and contrasted collected data to see what
similarities and differences emerged. Descriptive statistics such as frequency counts was used. The data
gathered from the two respondent groups were tabulated to obtain the frequency distribution of the responses.
The data from the semi-structured interview guide were collated to get the frequency counts; gained accurate
interpretation and generalization; and made recommendations. The researcher used data triangulation to
ensure accuracy and consistency with secondary sources.
DEFINITION OF TERMS
The following terms are defined according to their usage in the study:
Ancestral domain-refers to the territory of the Indigenous People;
AGHIMICU- refers to name of the Tribal Council of Agtulawon Higaonon Mintapod Cumadon headed by
thirteen Datus;
Barangay Justice System- refers to the government system of settlement of disputes at the barangay level;
Certificate of Ancestral Domain Title - refers to a title formally recognizing the rights of possession and
ownership of ICCs/IPs over their ancestral domains identified and delineated in accordance with this law;
Conflict refers to a disagreement through which the parties involved perceive a threat to their needs,
interests or concerns;
Conflict-resolution- means a process of resolving dispute or disagreement. It mainly aims at reconciling
opposing arguments in a manner that promotes and protects the human rights of all parties concerned;
Customary Laws - refer to a body of written and/or unwritten rules, usages, customs and practices
traditionally and continually recognized, accepted and observed by respective ICCs/IPs;

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Dumagats-refer to the lowlanders residing in the tribal barangays;
Gaup-refers to the Higaonon villages in Agtulawon Higaonon Mintapod Cumadon;
Indigenous Cultural Communities/Indigenous Peoples - refer to a group of people who have continuously
lived as organized community on a defined territory, possessed customs, tradition and other distinctive cultural
traits and became historically differentiated from the majority of Filipinos;
Indigenous Justice System- refers to the indigenous system of settlement of disputes;
Local Government Code of 1991- refers the governing laws that establishes the system and powers of
provincial, municipal and barangay governments in the Philippines, known collectively as Local Government
Units or LGUs;
RHO- refers to the duly appointed or officially designated as Regional Hearing Officer by the head of NCIP
authorized to hear and decide cases filed; and
National Commission on Indigenous Peoples (NCIP) - refers to the office created under this Act, which
shall be under the Office of the President, and which shall be the primary government agency responsible for
the formulation and implementation of policies, plans and programs to recognize, protect and promote the
rights of ICCs/IPs.
CHAPTER II
PRESENTATION, ANALYSIS AND INTERPRETATION OF DATA
This chapter presents, analyses, and interprets the data obtained from available documents, focused
group discussions and personal interviews. It also presents the findings following the order of the specific
problems stated in Chapter One.
1.0

Profile of the barangay /community in terms of classification, land area, population, annual
income and means of livelihood.
Table 1 presents the profile of the thirteen barangays in terms of classification, land area, population,
annual income and means of livelihood.
A) Barangays
1. POBLACION
The Barangay Poblacion was formally created thru the Provincial Board resolution of the Province of
Bukidnon in 1916 the same year when Impasugong became a municipality. This barangay has been classified
as an urban barangay. It is located at the center of the municipality.
The barangay has a total of 3,241.53 hectares. Barangay Poblacion has a total population of 10,061 as of
2011, number of household is 2,176 and five (5) as the average household size. The bulk of populations are
living in Barangay Poblacion. Majority of the tribe living in Poblacion are Higaonons, and the rests are other
ethnic groups coming from the different parts of the country. The major sources of funds of Barangay
Poblacion were coming from the Internal Revenue Allotment (IRA) and other income from Community, Real
Property and Business Taxes . In terms of livelihood, majority of the residents are engaged in farming,
business, employed in the government agencies and some are laborers from the different companies operating
in Impasugong ( CBMS 2004).
2. CAPITAN BAYONG
The Barangay Capitan Bayong was formally created thru the Provincial Board resolution No.1180 of the
Province of Bukidnon in February 23,1970. This barangay has been classified as an urbanizing barangay. The
barangay has a total of 2,131.02 hectares. Barangay Capitan Bayong has a total population of 2,560, number
of household is five hundred thirty(530)and five( 5) as the average household size. In 2004, the total population
was only 1,758. Majority of the people living in Capitan Bayong are Higaonons (54%) and Dumagats (46%)
coming from the different parts of the country. The major sources of funds of Barangay Capitan Bayong were
from the Internal Revenue Allotment (IRA) and other income from Community, Real Property and Business
Taxes. The major means of livelihood of the residents is farming. The rests are engaged in business and trade,
employed in the government agencies and laborers from the different companies in Impasug-ong (CBMS
2004).
Table 1
Profile of the Barangays
Barangay

Classification

1.Poblacion
2. Capitan Bayong

Urban
Urbanizing

Land
Area
3,241.53
2,131.02

Population
2011
10,061
2,560

Annual Income
2012
4,090,666.64
1,624,637.08

Means of Livelihood
Farming, Busines, Contract Labor, Govt Employment
Farming, Busines And Trade, Contract Labor, Govt
Employment, Skilled Work(Carpentry,Weaving Etc.

12
3. Impalutao

Urbanizing

7,166.62

5,484

2,443,666.65

4. Kalabugao
5. Bontongon

Urbanizing
Rural

19,293.20
9,871.89

5,412
876

2,485,282.16
874,103.00

6. Bulonay

Rural

1,216.74

1,515

1,057,783.63

7. Cawayan
8. Dumalaguing

Rural
Rural

1,282.94
1,932.72

1,918
2,756

1,219,420.77
1,314,856.94

9. Guihean

Rural

4,671.82

1,880

1,143,692.03

10. Hagpa

Rural

1,626.37

2,658

1,391,446.02

11. Kibenton

Rural

4,195.39

4,072

1,743,285.62

12. La Fortuna

Rural

3,530.48

3,835

1,848,135.01

13. Sayawan

Rural

4,023.91

1,272

987,887.36

Farming, Business And Trade, Govt Employment


And Self-Employment
Farming, Contract Labor, Teaching, Driving
Farming,Business and Trade,Contract Labor,
Weaving, Pamuso, Pangabol
Farming,Weaving,Pamuso,Carpentry,Business,
Contract Labor, Massage, Driving,Hairdressing
Contract Labor,Pamuso.govt. employment, business
Farming, Contract Labor,Teaching,
Driving,Dressmaking, Massage,
Business,Pamuso,Carpentry,Weaving
Farming,Contract Labor, Driving,
Business,Carpentry,Dressmaking,
Weaving, Massage, Nagpamuso
Farming,Business,Contract Labor, Private
Employment, Driving,
Other Trades
Farming,Business,Private And Public
Employment,Carpentry,Dressmaking, Weaving,
Massage, Nagpamuso
Farming,Contract Labor,Employment,
Other
Trades
Farming, Contract labor, Carpentry, Weaving, Govt.
sponsored livelihood projects

Sources: LGU-Impasug-ong CBMS 2011, Barangay Affairs Office & Office of the Municipal Accountant
Annual Reports 2012

3. IMPALUTAO
The Barangay Impalutao was formally created thru the Provincial Board resolution of the Province of
Bukidnon in 1916. This barangay has been classified as an urbanizing barangay.
The barangay has a total of 7,166.6170 hectares. Barangay Impalutao has a total population of 5,484, number
of household is 1,145and five (5 ) as the average household size. In 1975, the total population of Barangay
Impalutao was 1,227only. Majority (59%) of the residents of Impalutao are Dumagats ,and other tribes coming
from the different parts of the country. The forty one percent(41%) are Higaonons. The major sources of funds
of Barangay Impalutao were coming from the Internal Revenue Allotment and other income coming from
Community, Real Property and Business Taxes and income from the shares of national wealth. The major
means of livelihood of the residents is farming. The rests are engaged in business and trade, employed and
self-employed and a few drivers.
4. KALABUGAO
The Barangay Kalabugao was formally created thru the Provincial Board resolution of the Province of
Bukidnon in January 28,1960. This barangay has been classified as an urbanizing barangay. The barangay
has a total of 19,293.1800 hectares. Barangay Kalabugao has a total population of 5,412, number of
household is 1,099 and five( 5) as the average household size. Majority of the population are Higaonons
(85.6%), followed by the Dumagats (14.4%) coming from the different parts of the country. The major sources
of funds of Barangay Kalabugao were coming from the Internal Revenue Allotment (IRA) and other income
coming from Community, Real Property and Business Taxes and taxes on sand, gravel and other quarrying
activities and construction. The major means of livelihood of the residents is farming (90%). About ten
percent(10%) are laborers, teachers, drivers, etc.
5. BONTONGON
The Barangay Bontongon was formally created thru the Provincial Board resolution of the Province of
Bukidnon in January 28,1960. This barangay has been classified as a rural barangay. The barangay has a
total of 9,871.8920 hectares .Barangay Bontongon has a total population of 876, number of household is 162
and five 5 as the average household size. Majority of the people living in Bontongon are Higaonons (99%) and
one percent(1%) are Boholanos and the other tribes coming from the other parts of the country. The major
sources of funds of Barangay Bontongon were coming from the Internal Revenue Allotment (IRA) and other
income coming from Community, Real Property and Business Taxes. The major means of livelihood of the
residents is farming (70%). The business and trade is (1%), laborers (5%), and around 24% are engaged in
different livelihood activities like weaving,pamuso, mangabol etc.
6. BULONAY
The Barangay Bulonay was formally created thru the Provincial Board resolution No.1180of the
Province of Bukidnon in February 23, 1970. This barangay has been classified as arural barangay. The

13
barangay has a total land area of 12,167.3887 hectares. Barangay Bulonay has a total population of 1,515,
number of household is 276 and five( 5) as the average household size. Majority of the residents of Bulonay
are Higaonons (89%) and the other (11% ) are coming from the different tribes of the Philippines The major
sources of funds of Barangay Bulonay were coming from the Internal Revenue Allotment (IRA) and other
income coming from Community, Real Property and Business Taxes. Farming is the primary means of
livelihood of the residents. Other means of living are weaving, pamuso, carpentry,business ,labor. Others are
engaged in different livelihood activities like dressmaking, contract labor,massage, driving, hairdressing etc.
7. CAWAYAN
Barangay Cawayan was formally created thru the Provincial Board resolution No.1180 of the Province
of Bukidnon on February 23,1970. This barangay has been classified as a rural barangay.The barangay has a
total of 1,282.9395 hectares. Barangay Cawayan has a total population of 1,918, number of household is 412
and five 5 as the average household size. In 1975, the total population of Barangay Cawayan was only 356.
Majority (62.6%) of Barangay Cawayan residents are Dumagats while the Higaonons are only (37.4%). The
major sources of funds of Barangay Cawayan were coming from the Internal Revenue Allotment (IRA) and
other income coming from Community, Real Property and Business Taxes. In terms of livelihood, majority of
the residents are laborers and others are employed in the government agencies and from the different
companies in Impasugong.
8. DUMALAGUING
The Barangay was formally created thru the Provincial Board resolution of the Province of Bukidnon in
1916. This barangay has been classified as a rural barangay. The barangay has a total of 19,327.18 hectares.
Barangay Dumalaguing has a total population of 2,756, number of household is 546 and five (5) as the
average household size. Majority of the residents are Higaonons. The major sources of funds of Barangay
Dumalaguing were coming from the Internal Revenue Allotment (IRA) and other income coming from
Community, Real Property and Business Taxes. In terms of livelihood, majority of the residents are farmers
(93%),laborers (4.8%), teachers and drivers(0.4%)and (1.8% ) are in the different means of livelihood like
dressmaking ,massage, business, pamuso, carpentry, weaving etc..
9.GUIHEAN
Barangay Guihean was formally created thru the Provincial Board resolution of the Province of
Bukidnon in 1916. It has been classified as a rural barangay. The barangay has a total of 4,671.81850
hectares. Barangay Guihean has a total population of 1,880, number of household is 356 and five 5 as the
average household size. About 88.76% are Higaonons and the rest are coming from the different ethnic
groups of the country. The major sources of funds of Barangay Guihean were coming from the Internal
Revenue Allotment(IRA) and other income coming from Community, Real Property and Business Taxes and
income from the share of the national wealth.In terms of livelihood, majority of the residents are farmers (85%)
and laborers (15% ) employed in the different companies in the area. Aside from farming, some are drivers,
businessman, carpenters, dressmaking, weavers, massage, nagpamuso etc.
10.HAGPA
The Barangay Hagpa was formally created thru the Provincial Board resolution No.1180 of the Province
of Bukidnon in February 23,1970. This barangay has been classified as a rural barangay.The barangay has a
total of 16,263.65 hectares. Around 14,314 hectares are awarded to AGHIMICU (Agtulawon Higaonon
Mintapod Cumadon) under Datu Amay Mantangkilan as the Head Claimant on May 13,2009 in Sitio
Kiudto,Hagpa,Impasugong,Bukidnon. Barangay Hagpa has a total population of 2,658, number of household is
537 and five (5) as the average household size. The major sources of funds of Barangay Kibenton were
coming from the Internal Revenue Allotment (IRA) and other income coming from Community, Real Property
and Business Taxes. Majority(56%) are Higaonons, Cebuanos(36.5%) and the rests (7.5%) are Boholanos,
Tagalog, Siquijornons and few from other parts of the country. In terms of livelihood, majority of the residents
are farmers (85%),businessmen (3%)and laborers (5%) employees(1%) and the six(6%) are drivers and other
kinds of trades.
11.KIBENTON
Barangay Kibenton was formally created thru the Provincial Board resolution No.89 of the Province of
Bukidnon on January 28,1960. This barangay has been classified as a rural barangay.The barangay has a
total of 4,195.389 hectares. Barangay Kibenton has a total population of 4,072, number of household is 857
and five 5 as the average household size. Majority (82%) are Higaonons while the rests (18%) are other ethnic

14
groups from the different parts of the Philippines. The major sources of funds of Barangay Kibenton were
coming from the Internal Revenue Allotment (IRA) and other income coming from Community, Real Property
and Business Taxes. In terms of livelihood, around fifty percent(50%) of the residents are
farmers ,businessmen are twelve percent (12%), employees is twelve percent(12%) and twenty one percent
(21%) employed in the different companies in the area. The five percent(5%) are engaged in different means
of livelihood.
12. LA FORTUNA
Barangay La Fortuna was formally created thru the Provincial Board resolution No.1180 of the
Province of Bukidnon on February 23,1970. This barangay has been classified as a rural barangay. The
barangay has a total of 3,530.4830 hectares. Barangay La Fortuna has a total population of 3,835, number of
household is 801and five 5 as the average household size. The Higaonons (59%) has the biggest number in
term of tribal affiliation while the rests are ethnic groups coming from other parts of the country. The major
sources of funds of Barangay La Fortuna came from the Internal Revenue Allotment (IRA) and other income
coming from Community, Real Property and Business Taxes and taxes on sand, gravel and other quarrying
activities and construction. In terms of livelihood, majority of the residents are farmers and others are laborers
employees and drivers ,and few is engaged in other trades.
13. SAYAWAN
The Barangay Sayawan was formally created thru the Provincial Board resolution No. 89 of the
Province of Bukidnon January 28, 1960. It has been classified as a rural barangay.The barangay has a total of
4,023.9125 hectares. Barangay Sayawan has a total population of 1,272, number of household is 265 and
five( 5) as the average household size. Majority of the population in Barangay Sayawan are Higaonons and the
rest are the Dumagats coming from the different parts of the country. The major sources of funds of Barangay
Sayawan were coming from the Internal Revenue Allotment (IRA) and other income coming from Community,
Real Property and Business Taxes. In terms of livelihood, majority of the residents are farmers, others are
laborers, carpenters, weavers and some are engaged in different government sponsored livelihood projects
Table 2
Tribal Community Profile
Name of the Tribe
Classification

Land Area

Higaonon
Ancestral Domain classified as timberland
-Agtulawon Mintapod Higaonon Cumadon (AGHIMICU) belongs to the municipalities of Malitbog
and Impasugong, Province of Bukidnon.
14,313 hectares ( Certificate of Ancestral Domain Title No.54) awarded to AGHIMICU on
May,15,2008 by the Philippine government

Population
Annual Income
Means of Livelihood

3,019 as of 2006
No Data
Subsistence farming, Panghabol(Weaving), Panguway(Rattan cutter, Panginadlaw(Hired labor),
Pangaso(Hunting), Hunlus, Selling abaca hemp,Farm laborers of lowlanders, househelpers

Source: AGHIMICU CADT Claimbook 2006

B) Tribal Communities
Table 2 presents the profile of the Tribal Communities in terms of classification, land area, population,
annual income and means of livelihood.
The Agtulawon Mintapod Higaonon Cumadon (AGHIMICU) Ancestral Domain belongs to the
Municipalities of Malitbog and Impasug-ong in the Province of Bukidnon ,though the large portion of which
belong to Barangay Hagpa of the latter Municipality. Thus, geographically, Mintapod belongs to the
Municipality Malitbog, although politically, both Adtulawon and Mintapod belong to the Municipality of Impasugong mainly because of the accessibility of this area to the latter municipality. (letter C5,claimbook-Historical
Account,p.3). It has always been the Municipality of Impasugong which exercises administrative supervision
over the area and the residents thereof who paid allegiance to the said municipal government received support
for basic services.The entire ancestral domain is classified as timberland according to the existing records of

15
the Bureau of lands and the Department of Environment and Natural Resources. After a long and very tedious
process, the Higaonons have gone through, they were able to obtain a Certificate of Ancestral Domain Claim
(CADC) No. RX-112 on October 21,1997, under the guidelines set forth in Administrative Order (DAO) No.2,
series of 1993 of DENR. It contains an aggregate area of Nine Thousand(9,000) hectares, more or
less ,encompassing the Agtulawon-Mintapod area in the Municipality of Impasug-ong,Bukidnon.
In 2006, the instant ancestral domain claim was increased from 9,000 hectares under CADC No. RX112 to 14,000 three hundred hectares more or less by reason of the inclusion of several Higaonon
communities in the area such as Naabat, Mahagwa,Paculab,Lamingan, Hagpa Proper and Lunson in line with
the principle of self- delineation enshrined in IPRA. These communities submitted their Resolution for Inclusion
not only to NCIP but also to the Council of Elders of the instant Ancestral Domain Claim who readily accepted
them for being their relatives also. The Certificate of Ancestral Domain Title(CADT) No. 054 was awarded to
AGHIMICU covering the more or less 14,300 hectares on May 15. 2008 by the government.
The census of June 18, 2006 was the updated population data based on the results of the genealogical
survey and perimeter survey conducted by the assisting NGOs; and some National Commission on
Indigenous People (NCIP) staff. This was the basis for the issuance of Certificate of Ancestral Domain Title
(CADT). The Higaonons of Agtulawon-Mintapod gaups have minimal income from their communal farms.
Nowadays, the communities are involved in the National Greening Programof the government. The
communities of Agtulawon-Mintapod have been receiving allowances for their services.
For the Higaonons, the land is crucial to the survival of the communities. They are dependent on the
land, forest and streams for their subsistence. Based on the data gathered, majority are engaged in farming for
subsistence, while some of them are selling abaca hemp and (Hinabol) as cash sources of income. There are
some Higaonons occasionally work for the lowlanders like farm laborers, house-helpers, rattan cutters, drivers
etc.
Table 3
Distribution of Responses of the Group 1-A (Tribal Datus) on the History, Purpose, Composition, Roles
and Functions of Members, Types of Cases Handled, Means of Solving Problems and Administration of
Justice (N=11)
RESPONSES
-Customary Laws were given to their ancestors guided by the spirits
-Customary Laws are orally transmitted
-Reference to Bungkatol ha Bulawan(Golden Rule) Ang buot pasabot niini mao ang
bulawanon nga pamatasan
-Reference to Nangkatasa ha lana(cup of oil)Ang buot ipasabot niini sama sa kahumot
sa lana ang pagtinagdanay
-Perform Singampo or prayer ritual
-In Dumalongdong, datuship was instituted and laws were made
-Reference to Talukob(reminders to the people) and Adunay Bigula parable sa
panag-igsoonay

CATEGORIES
2.1 History

2.2

Purpose

2.3 Composition

2.4 Roles and Functions of Members

FREQ
11
11
11
11

-Maintenance of social order


-Settlement of Conflicts

11
11
11
11
11

-Tribal Datu/s
-Tribal Bae/s
-Alimaongs
-Babaylanon
-Tribal council

11
9
4
2
1

-Settles conflicts among his people


-Acts immediately when there are problems in the community
-Offers his belongings for gahum
-Facilitates the restoration of strained relationships
-Mediates conflict outside his territories when his sakop is involved
-Initiates mediation proceedings and makes decision
-Orients and monitors his sakop
-Coordinates and negotiates with other Datus regarding gahum

11
11

Datu

11
11
11
6

16
-Offers suggestions during husay
-Explains the Customary Laws
-Solemnize weddings
-Ensures the unity and welfare of his people
Bae

2.5 Types of Cases Handled

2.6 Means of Solving Problems

-Gives advice to the Datu


-Helps to relax the audience during husay
-Listens only during Husay
-Assists the Datu & prepares the things /materials to be used as gahum
Alimaongs
-Secures the people and place during husay
Tribal Council
- Mediates major cases
Family Cases
-Adultery/Concubinage/polygamy
-Separation of Couples/divorce
-Rape
-Elopement
Other Cases
-Theft
-Murder
-Petty quarrels
-Boundary dispute ex. hunting area
-Mauling, physical injuries
Process
-Mediation of the Datu/s
-Coordinate with other Datus
-Call & listen to both parties
-Know the cause of conflict
-Give advices to disputants
-Singampo-prayer for both parties for the intercession of Magbabaya
-Tampuda-is a contract of ending the conflict
- Dumalongdong- sacred gathering of Datus & other local officials to discuss
problems occurring in locality ex. Peace and Order, Land Conflict
- Tumbasa daw bigula
parables are used during
mediation
-Asking forgiveness pangamuyo

6
3
3
3
2
2
9
4
1
1
2
1
7
7
6
5
9
9
7
6
2
11
11
11
11
11
11
11
11
11

11
2.7 Administration of Justice

- Sala or Salaon penalty for the violations or crime


-Anip ha Lido-serious conflicts and Lumbo bulawan-minor conflicts. Offenders
will be asked to give a gahum ex.bahandi,pig,chicken,lampay etc.
-Offenders will be driven away from the community for life
-Cutting of fingers before for (theft)
-Sentence to death before for serious crimes

11

2
2
3

The Traditional- tribal justice system of the Higaonons;


Table 3 presents the interview results of the first group of respondents (Group 1-A) of the study
conducted among the eleven Tribal Datus from the different gaups or villages of AGHIMICU ancestral domain.
History
The Higaonons of Agtulawon- Mintapod territory, as records reveal are peace-loving and religious
people. History for them is sacred. The first question dealt with the history of the Higaonon tribal justice system.
Based on the personal interviews, all eleven respondents believed that their Customary Laws were created
and handed to their ancestors through the guidance of the spirits. Their Customary Laws are likewise
transmitted orally to the next generation of Higaonons. In general, they refer to Bungkatol ha Bulawan or
Golden Rule and Nangkatadyaw/ nagkatasa ha Lana or Cup of Oil for their conduct, resolving conflicts and
giving direction in their daily life. Tumbasa daw Bigula is used in mediating conflicts especially involving
relatives. These findings are noteworthy and useful to enable lowlanders understand the Higaonon culture

17
especially on their strict rule in narrating stories to anyone without asking permission from their ancestors
through religious rituals.
Of the eleven tribal datus interviewed, one Tribal Datu narrated in details the story of their sacred
symbol known as giling-a small stick about one meter long with small inscriptions, and the contents were the
laws of good values. Nobody was allowed to look at it and was intended only for the person who will know their
Customary Laws. This giling was given to Amba Palasambags (the late Supreme datu of Northern Bukidnon)
great grandfather by the Supreme Being or Magbabaya. When asked about their strong oral tradition, all
eleven respondents said about singampo- a gathering highlighted by religious or ritualistic activity held at the
Pulangi and Tapel river junction that could trace the history of Higaonons in Northern Bukidnon. The said
Singampo was summoned by high Datu Baklawan who aimed to pacify and resolved serious disputes which
were causing bloodshed between Bukidnon individuals, bands and whole valleys. In addition, that Historical
Tapel Conference was also set for the datus of the land to revise much of the customary law of the Bukidnon
people and Tampuda ha Balagon- a ritual of ending the tribal and inter-tribal conflict are always observed.
The Higaonons recognizes the authority of their datus. (cited in a book , BUKIDNON politics and Religion by
Vincent Cullen et.al, 1973.)
The dumalongdong as a means of solving problems in their communities, all eleven datus said that
aside from the major issues undertaken, the visiting datus and the sponsoring datus exchanged ideas of their
own experiences and expertise during the gathering.The datu are expected in their authority to mediate
conflicts. When an act is considered inapt to the standard behavior, punishment will be imposed by the datu to
the offender especially for not listening to counsels of their elders. These findings were consistent with the
researchers observation of AGHIMICU realities and the findings of studies from other local settings.
Purpose
The second question pertains the purpose of the tribal justice system. Eleven respondents pointed out
that the most important and highly valued in administration of justice among the Higaonons was through their
Tribal Justice System. This justice system aimed to maintain the social order and settlements of conflicts in the
community. All eleven respondents said that like any other tribes in the Philippines, good relationships among
the Higaonons is crucial in their gaups or communities. Any differences between them are settled amicably
through the use of their cultural tradition in settling disputes..
Composition
The third question discusses the composition of the tribal justice system. When asked who heads their
justice system, all eleven respondents said the Tribal Datu leads every case settlement especially the serious
offenses. Nine respondents mentioned the important role of the Tribal Baes. Out of eleven respondents, only
four persons said about the role of Alimaongs (Tribal Warriors) during conflict-resolution. All of the Tribal
datus except two from among them did not mention about the Babaylanons role during hearings. With
regards to the role of Babaylanons, the datus are also Babaylanons themselves. Out of eleven datus, only one
mentioned the presence of the Tribal Council during conflict-resolution. Given these data, it would seem that all
cases except cases considered major ones are handled by the datu. Major cases like murder, separation of
couples, adultery/concubinage, land conflict are the ones mediated by the Tribal council.
Roles and Functions of the Members
The fourth question deals with the roles and functions of the members of the tribal justice system.
When asked about the roles and functions of a tribal datu, all eleven respondents were aware of their specific
responsibilities. The eleven respondents enumerated their important roles and functions like the settlement of
conflicts, acts immediately when there are problems in their community, negotiates especially in the demands
of the aggrieved families and even offers their belongings for gahum or payment to aggrieved party, facilitates
the restoration of strained relationship among members and mediates conflicts outside their territories when
their sakop or followers are involved in the case. Six of the respondents said that the datu are tasked to
initiate mediation proceedings. Five out of the eleven datus said that the datu regularly orients and monitors his
followers or sakop,only three Tribal datus said they explain the Customary Laws and offers suggestions
during conflict-resolution. Only two respondents mentioned about their role in solemnizing wedding, leading the
rituals like panukod and guarantees the unity and welfare of their people.
These findings revealed that due to the desire and obligations of the datus to settle conflicts, the datus
are obliged to procure a gahum if the offender has nothing to offer. Thus, majority of the tribal datus in
indigenous communities are observed as materially poor. Generally, for the Higaonons, integrity and sincerity

18
are the most important characteristics of a datu. Eleven datus said that datuship is granted only to those men
who had gained respect from other datus, he should know the parameters and qualities of being a chosen
Tribal datu.
Based on the respondents responses when asked about the criteria of choosing a Tribal Bae, Nine
respondents said that Higaonons usually choose the wife of a datu to be Bae. The Tribal Bae has a very
important role during the mediation proceedings. Nine out of eleven datus said that Tribal Baes give advices to
the datus in making decisions. Four respondents observed that during an intense situation duringhusay, the
Bae initiates something to calm down everyone like telling stories, singing or chanting and even cracking
jokes. Out of eleven datus, only one said that the Tribal Bae assists the datu on the preparation of things or
materials for the Singampo or prayer ritual and for the Gahum to be given during the settlement of conflict.
When asked about the roles and functions of Alimaongs two respondents said that the presence of
alimaongs is very important especially in securing the safety of the people and the place during husay or
settlement of conflicts. They added that the traditional alimaongs or warriors were from the community;
respected the datus and succeeded in maintaining peace and order in their particular gaups or villages. They
acted upon the orders of the datus and they cannot just do what they please.
With regards to the roles and functions of the Tribal Council, eleven datus said they were selected by
the community because of their capability to mediate conflicts among their followers and cases involving fellow
datus. They were well recognized and respected by the community. In addition, one out of the thirteen
respondents said the Tribal Council were called only to assist the datu in the settlement of major cases.
Types of Cases Handled
The fifth question referred to the types of cases handled or attended by the Datu informants. Nine out
of the eleven Tribal datus said that they mediated criminal cases like theft and murder; followed by petty
quarrels such as false accusation or oral defamation and misbehavior during community celebration due to
liquor intoxication. Six respondents also mentioned that they settled cases like boundary disputes.
Aside from criminal cases, only two out of the eleven datus had settled minor physical injuries due to
mauling incidents as a result of drinking spree. On family cases, a total of seven respondents revealed that that
they mediated separation of couples or divorce due to concubinage, adultery and polygamy cases in their
gaups or villages and only five respondents had mediated elopement cases.
Means of Solving Problems
The sixth question discusses the means of solving problems in the community. All eleven Tribal datus
said that the process includes mediation of the Tribal datu,Singampo, Tampuda, Dumalongdong and
Tumbasa daw Bigula.The traditional process of settlement would include the knowledge of the cause of
conflict, thus the datu will do his own investigation. He would look for facts and witnesses to support the
allegations and attest in order to arrive at the truth. When asked about the mediation process, all eleven
respondents said that settlement proceedings should be orderly in order not cause another problem. Propriety
should be observed; when someone is speaking, nobody will speak; pointing of fingers, shouting and saying
harsh words should be avoided. For the eleven respondents, the reason for this settlement guidelines is to
solve the issues and problems at hand and not to fight. There is law in conducting mediation which is followed
by the datu. This is known as batasan-hu Lido which applies to murder and adultery.
All eleven respondents said that there are rules in the settlement of conflicts and would depend always
on the nature of conflict, intensity or gravity of the crime and the style of mediators. Justice is dispensed
through peaceful means. Customarily, there is a ritual called tampuda or a ceremonial cutting of a rattan to
end a conflict within and outside the tribal community. In doing a Tampuda, Amba Manlucena Cumatang, a
ritualist and the right hand of Datu Mangtangkilan Cumatang of Mintapod gaup elaborated during the in-depth
interview that there are two kinds of tampuda which is the rattan cutting and the panlitub (burying of ritual
materials).
When asked about Dumalongdong ,all eleven respondents said that Dumalongdong is conducted in
solving problems occurring in locality such as land conflict among clans and peace and order.
Administration of Justice
The seventh question discusses the administration of justice in the tribal justice system. All eleven(11)
datu respondents mentioned that there are penalties or sala to be imposed by the datus to the offenders. The
offender will be asked to pay for the crime committed. For instance, things like priced possessions, farm
animals, money will be used as gahum or payment to the person who committed the crime. All eleven datu

19
informants on this study said that only a datu can decide on the penalty or depending on the gravity of the case.
For the Higaonons, the imposition of a heavy fine or gahum is a prevention for person who plans to commit a
crime. There are also cases where the two parties would exchange their gahum as a remembrance of their
reconciliation. It is noted the gahum is not just a payment to crime cure ones ill feelings. Of the eleven (11)
datus, only two Datus said that if the offenders are found guilty of the crime, they will be sent away and can no
longer go back to their community.
This is interesting to note that the Higaonons wanted the administration of justice through their Tribal
Justice System than the Mainstream courts because their elders will facilitate the settlement. In addition to
murder, theft, physical injuries and land disputes, violence against women like rape and battering were also
mediated by the datu informants. For instance,in rape cases, six (6) out of the eleven (11) datus said that the
fine for this case will be marriage. The accused will be asked to marry the woman.If the man refuses to marry,
the man will be fined. He will provide chicken, plate, kamuyot, pig or hammock.The punishment for this crime
against chastity beforewas death.
All eleven (11) tribal datus said they mediated elopement cases and negotiated with the family and
relatives. They added,the penalty for this misconduct is to marry the woman if both are singles. If the woman is
married, the man has to return all the expenses of the husband during the wedding. The Tribal datus will look
for another woman to marry if the accused is single. When both of the offenders are married, the datu will
separate the couple and the aggrieved parties can demand for a gahum. In cases where the accused is a
married man, he can take the woman to be his second wife. Duway is allowed for the Higaonons before as
long as the man can afford to support another family equally. Although seven (7) informants only said that
adultery or concubinage cases are also rampant among the Lumads, there were three datus who said that
death penalty can be enforced by the datus for such cases. One datu even said that offenders was punished
by ipasalay ang tinae sa duha (intestines of the offenders will be placed around their necks). There was a
story narrated to the researcher that there was a man who had an affair with a married woman. He was found
guilty and sentenced to death by the tribal datus. He was even asked to dig his own burial pit.
Table 4
Distribution of Responses of the Group 1-B (Tribal Baes and other members) on the History, Purpose,
Composition, Roles And Functions Of Members, Types of Cases Handled, Means of Solving Problems
and Administration of Tribal Justice (N=15)
CATEGORIES
2.1 History

2.2 Purpose

2.3 Composition

RESPONSES
-All cases will be settled by the tribal elders
-Singampo and Tampuda ha Balagon as a ritual during
settlement of conflict like murder,
-Reference to Bungkatol ha Bulawan ,nakatadyaw ha halana
and Bigula of the Higaonons belief
-Punishment will be imposed if the offender refused to listen
to the advises of tribal elders
-Serious crime like murder, death is the punishment
-No cases will be filed in the govt. courts because of the
order of the tribal datus and alimaong
-Offenders will provide Gahum or bahandi
-Tribal war- the biggest problem before
-Agreement of both parties existing in settling disputes
-Amba palasambag,the supreme datu led the bigula as
part of their belief
-To remind the people of the cultural tradition in settling
-To restore the good relationship of the people in the
community
disputes like respect of life and property
-To maintain peace and order
-To settle conflicts
-Datu
-Bae/wife of a Datu
-Witnesses

Family members

Neighbors

Kagawad

FREQ.
15
6
3
2
2
2
2
2
1
1
15
13
13
15
15
10
10

20

2.4 Roles and Functions of


Members

2.5 Types of Cases Handled

2.6 Means of Solving Problems

2.7 Administration of Justice

Brgy Captain
-Alimaong
-Insaan/Assistants of the Datu
Datu-Settles conflicts
-Facilitates,guides,moderates/
pang-abugado/Tigplastar
-Negotiates especially in the demands of the aggrieved
families
-He makes his people understand and Tigpabalik sa
relasyon-reconciliation
-do the ritual,panukod, Pagbutang ug gahum aspikpik
and gives advices
Bae
-Gives advices to the datu
-naglaghay ,nagusay ug lido
paghukmay
-Assist the datu in preparing things for the ritual like
mama, bronze,candle
Alimaong
-Acts as guard during settlement
Insaan/assistant of the datu
-Helps the datu during settlement
Witnesses (Family members, neighbors
Kagawad, Brgy Captain)
-serve as witnesses of the settlement especially in big
cases
-Theft and
-Murder
-Adultery/Concubinge
-talaban/elopement
-Petty quarrels like tsismis/libak, or false
accusation
-Physical injuries
-land conflict between relatives
-Rape
-Undaay
Process
-Datu will then give advices to the newly reconciled
members of the tribe
-Datu or datus will call both parties and settle the conflict
in the presence of their families and relatives
-Settlement starts with a Singampo or prayer
-Gahum or peace offering will be prepared by the
offenders and complainants
-Performs Tampuda depending on the case
- The settlement has been recorded
-Salaon-the offender will be asked to pay for the crime
committed
Ex. Things like priced possessions, farm
animals, money
-The offenders will be sentenced to death if found guilty
o
Ex.Adultery/concubinage- ipasalay ang tinae(the persons intestine will be placed around the
neck of the offender)
-The offender will be sent away by the tribal elders and
can no longer go back to the community

9
2

15
7
7
3
1

9
6
3
2

15

11
11
9
8
6
6
4
2
2
15
14
13
9
7
1
15

15

13

Table 4 presents the interview results of the first group( Group 1-B) of respondents of the study
conducted among the fifteen respondents from the community composed of Tribal Baes(4) Baes assistants( 4),
Ritualists(2),and Community Facilitators(5).

21
History
All fifteen respondents believed that cases will be settled by their Tribal Elders. Out of fifteen
respondents, only six noted that Singampo and Tampuda ha Balagon are rituals during the settlement of
conflicts like in the case of murder. Not all the fifteen respondents could explained the Bungkatol ha
Bulawan, Nakatadyaw ha lana and bigula but there were three mentioned that it was part of their beliefs
and traditions. One respondent even noted that they believed Amba Palasambag, the late supreme datu of
Northern Bukidnon led thebigula. Only two out of the fifteen respondents were aware that punishment will be
imposed to offenders who will refuse to listen to the advises of their elders; and serious crime like murder,
death is the punishment. Out of the fifteen respondents, only two mentioned about the fines for lighter
wrongdoings. They added that the Tribal war was then the biggest problem of the Higaonon communities and
no cases will be filed in government courts because of the order of the Tribal datus and alimaong. While the
fifteen respondents were aware of the tribal settlement of conflicts, only one knew that there was also an
existing written agreement of both parties in conflict after mediation process. One respondent that she was
asked to record the proceedings and make a written agreement to be signed by two disputing parties.
Purpose
All fifteen respondents said that the purpose of the Tribal Justice System is a settlement of conflicts and
to remind the Higaonons of their cultural tradition in settling disputes and the respect for life and property.
Thirteen respondents stated that the purposes of tribal justice system are for the maintenance of peace and
order and restoration of the good relationship among the people in the community.
Composition
When asked about the composition of tribal Justice System, all the fifteen respondents mentioned the
Datu, ten persons pointed out the Tribal Bae or wife of a datu,four said about the witnesses composed of
family members, neighbors ,Kagawads and Barangay Captain while the nine respondents mentionedthe
Alimaongs. Only two out of fifteen respondents said about the Insaans or assistants of the datu formed part
of the Tribal Justice System
Roles and Functions of Members
All fifteen respondents noted the role of the datu in settling disputes. Out of the fifteen, seven
respondents said that the Datu facilitates,guides,moderates, pangabugado( lawyering),
tigplastar or negotiates in case settlement and negotiates especially in the demands of the aggrieved
families. Three respondents also noted that the datu enlightens his members and tigpabalik sa relasyon or
reconciliation.
All fifteen respondents identified the family members, neighbors, kagawad, barangay captain served as
witnesses of conflict-resolution especially in big cases. The Tribal baes are important persons duringhusay .
Nine out of fifteen respondents said that tribal Baes gives advices to the Tribal datu ;only six respondents
noted the role of the bae asPaghukmay, naglaghay, nagusay ug lido and only three said about that the
preparation of things for the ritual like mamaon, bronze, candle and coins. Nine respondents mentioned the
role of alimaongs during husay- act as guards during settlement of big disputes. There were only two
respondents who mentioned about the role of insaan or assistant of the datu during settlement of conflicts.
Types of Cases Handled/witnessed
Eleven respondents mentioned murder and theft, nine mentioned adultery or concubinage, eight
mentioned talaban or elopement , six mentioned physical injuries and petty quarrels like tsismis or libak and
false accusations, four mentioned land conflict, two mentioned undaayor separation of couples and another
two(2) mentioned rape cases.
Means of Solving Problems
All fifteen respondents cited that the datu gave advices to the newly reconciled members of the tribe to
end the process of settlement. Four respondents said that the Tribal Datu will call both parties in conflict and
settle the case in the presence of their families and relatives. Thirteen respondents noted that the settlement of
conflicts start with a singampo or prayer.
Nine respondents said that during the settlement process the offenders and complainants will bring a
gahum or valuable things for peace offering. Although not all mentioned about Tampuda as a process of
settling disputes depending on the case, there were three who witnessed the said event. Only one from the
respondents said that settlement has also been recorded to end the proceedings.
Administration of Justice

22
All the fifteen respondents revealed that the offender will be asked to pay for the violations or crime
committed. The term is Salaon or penalize and the offender prepares the gahum or priced possessions like
farm animals and sometimes money for the offended party. All the fifteen respondents cited a case where the
offender was sentenced to death when found guilty of the crime committed. Thirteen respondents also
mentioned about the cases of an offenders who were driven away and can no longer go back to the community
as punishment for their violations handed to them by the tribal elders.
Table 5
Group 1
Summary of Responses of the Tribal Datus and Tribal Baes and other members on the History,
Purpose, Composition, Roles and Functions of Members, Types of Cases Handled, Means of Solving
Problems and Administration of Justice (N=26))

Categories
1.History

2. Purpose

3. Composition

4. Roles and Functions

Tribal Datus
-Customary Laws were given to their ancestors guided
by the spirits
- Customary Laws are orally transmitted
- Reference to Bungkatol ha BulawanAng buot
pasabot niini mao ang bulawanon nga pamatasan(It
means a rule for golden behaviour/conduct)
- Reference to Nangkatasa ha lanaAng buot ipasabot
niini sama sa kahumot sa lana ang pagtinagdanay(A
cup of oil, the relationship is like the aroma of an oil)
- Reference to Talukob(reminders to the people) and
Adunay Bigula parable sa panag-igsoonay(a parable
of brotherhood)
- In Dumalongdong, datuship was instituted and laws
was made. A story passed to our ancestors, when the
world was created,there were no laws.There were
conflicts among the people.The people were awaken
and gathered together. The sacred gathering was
called dumaongdong and the institution of datuship
was established. The peace and harmony prevailed.If
there will be conflicts,a dumalongdong will be done.

- Maintenance of social order


-Settlement of Conflicts

-Tribal Datu/s
-Tribal Council
-Tribal Baes
-Alimaongs
-Babaylanon

Role: Tribal Datu


-mediator, decision-maker, negotiator
Functions :
-Explains the Customary Laws
-Solemnize weddings

Tribal Baes and other members


-Kaniadto sa unang panahon,gapanghimatay sila,Naay
bigula sa mga higaonon ug Amba pasalambag
nagpasiugda sa ilang tinuhuan( Amba palasambag,the
supreme datu led the bigula as part of their belief when
the people were killing each other)
- Reference to Bungkatol ha Bulawan ,nakatadyaw ha
halana and Bigula of the Higaonons belief.
-amin kaso daan,tigtabida,sa batasan hu utaw kailing hu
manok,pagtabida ta tapol,centro hu lumad,hininang sa
kasabutan or sakto hu pamatasan hu higaonon,paililaha,palanggaanay(There was a case before like the
chickens that go together in eating,like the Higaonons help
each other giving and loving)
-There were cases that will divide the group,no government
before,because of the good deeds of the elders, no conflict.)
Before there were different kinds of cases but will not be
reported to the government because of the order of the datus
and alimaongs. all cases will be settled by the elders not like
today there are prison cells)
-Singampo and Tampuda ha Balagon as a ritual during
settlement of conflict like murder,
-Punishment will be imposed if the offender refused to listen
to the advises of tribal elders
-Serious crime like murder, death is the punishment
-Agreement of both parties existing in settling disputes
-No cases will be filed in the govt. courts because of the
order of the tribal datus and alimaong
-All cases will be settled by the tribal elders
-Offenders will provide Gahum or bahandi
-Tribal war- the biggest problem before
-To restore the good relationship of the people in the
community
-To remind the people of the cultural tradition in settling
disputes like respect of life and property
-To maintain peace and order, settle conflicts
-Datu
-Bae/wife of a Datu
-Alimaong
-Insaan/Assistants of the Datu
-Witnesses
Family members like Neighbors,
Kagawad,Brgy Captain

Role: Tribal Datu


-ritualist, adviser, facilitator, mediator,
negotiator
Functions :
-Settles conflicts

23

5.Types of Cases Handled

6. Means of Solving
Problems

-Orients and monitors his sakop


-Ensures the unity and welfare of his people
-Acts immediately when there are problems in the
community
-Makes decision
Facilitates the restoration of strained
relationships
Mediates conflict outside his territories when
his sakopis involved
Settles conflicts among his people
Initiates mediation proceedings
Coordinates and negotiates with other Datus
regarding gahum
Offers suggestions during husay
Offers his belongings for gahum
Role: Tribal Bae
Functions:
-Gives advice to the Datu
Tagasamba ang mga
Bae
- Helps to relax the audience during husay, Listens
only during Husay ( Paminaw lang ang mga bae)
-Assists the Datu & prepares the things /materials to be
used as gahum Pangabaya hu Datu-right hand/sangka
Role : Alimaongs
Functions:
Secures the people and place during husay
Tagabantay(guard)
Role : Tribal Council
Functions
- Mediates cases
-Dako na kaso tabangan sa
mga Datu
Role: Babaylanon
Function:
-Palagsugba,panangol,
tigdanag-ol(perform rituals)
Family Cases
-Adultery/Concubinage
-Separation of Couples/divorce
- Elopement
-Polygamy
-Rape
Other Cases: Theft,Murder,False Accusation/ Oral
defamation,Dishonesty,Boundary dispute ex. hunting
area,Barang,Mauling, Petty quarrels,Misbehavior
during celebration
Process
Mediation of the Datu/s
-Coordinate with other Datus
-Call & listen to both parties
-Know the cause of conflict
-Give advice
Singampo
-prayer for both parties for the intercession of
Magbabaya
Tampuda
-is a contract of ending the
conflict
Dumalongdong
-problems occurring in locality ex. Peace and Order,
Land Conflict
Tumbasa daw bigula
-parables used during

-do the ritual,panukod


-Pagbutang ug gahum aspikpik
-Gives advices
-Facilitates,guides,moderates/pang-abugado/Tigplastar
-Negotiates especially in the demands of the aggrieved
families
-He makes his people understand
-Tigpabalik sa relasyon-reconciliation
Role: Tribal Bae
-Datus assistant, adviser of the datu
Functions:
-Assist the datu in preparing things for the ritual like mama,
bronze, candle
-Gives advices to the datu
Role: Alimaong
Functions:
-Acts as guard during settlement
Insaan/assistant of the datu
-Helps the datu during settlement
Role: Witnesses
Family members, neighbors
Kagawad, Brgy Captain
Function:
-serve as witnesses of the settlement especially in big cases

Family Cases
talaban/elopement
Rape
Adultery/Concubinage
Physical injuries
Undaay-Separation of couples
Other Cases:land conflict between relatives ,Petty quarrels
like tsismis/libak, or false accusation ,Theft,Murder

Process
-Datu or datus will call both parties and settle the conflict in
the presence of their families and relatives
-Settlement starts with a Singampo or prayer
-Gahum or peace offering will be prepared by the offenders
and complainants
-Performs Tampuda depending on the case
-Datu will then give advices to the newly reconciled members
of the tribe
The settlement has been recorded

24
mediation
7. Administration of Justice

Sala or salaon
-Anip ha Lido-serious conflicts
-Lumbo bulawan-minor conflicts
-Offenders will be asked to
give a gahum
ex.bahandi,pig,chicken,
lampay etc.
-Asking Forgiveness
(pangamuyo)
Offenders will be driven away from the
community for life
Cutting of fingers(theft),sentence to death

Other Comments
Understanding of conflict
and

Reasons of Conflict

-dili pareha ang prinsipyo


Naay butang nga dili sila magparehas ug pananaw(different principle and views)
-Pinaagi sa butang -kulang pagsinabtanay (Conflict
because of possession and misunderstanding)
- Kung ikaw nakasala,,Pasakit sa ubanDili
pakigsinabot(when you have offense, hurt someone
and misunderstanding)

Salaon
-The offender will be asked to pay for the crime
committed
Ex. Things like priced possessions, farm animals, money
- The offender will be sent away by the tribal elders and can
no longer go back to the community
- The offenders will be sentenced to death if found guilty
Ex. Adultery/concubinage
-the persons intestine will be placed around the neck of the
offender

- Natural sa tao, dili pagkasinabot (normal for human beings


to have misunderstanding)
Dili parehas sa kinaiya,Lahi-lahi ang interest, magkalhi ang
kultura(different behavior,interests and culture)
- garbo, walay pailub ug walay respeto(pride,no respect,)
-Tungod sa Relihiyon/overpower,Libak,pagbutangbutang(religion,overpower,false accusation)

Table 5 presents the Summary of Responses Group 1 composed of the Tribal Datus and Tribal Baes
and other members on the History, Purpose, Composition,Roles and Functions of Members, Types of Cases
Handled, Means of Solving Problems and Administration of Justice(N=26)
Based on the responses of Group 1, both the Tribal datus and Tribal Baes and members mentioned
about the Customary Laws being handed to their ancestors by Magbabaya. They refer to Bungkatol ha
bulawan and Nangkatasa ha lana as guide for their living. The dumalongdong, singampo and tampuda ha
bulagon were Higaonon traditions in solving problems within and outside their communities. Both the
respondents of Group 1 noted that the purpose of their Tribal Justice System is for the maintenance of social
order and settlement of conflicts.
In terms of the Composition in their justice system, the datu, baes, alimaongs and tribal councils were
the persons behind the settlement of conflicts. The Tribal Datu has many roles in the community like adviser,
mediator, negotiator and decision-maker. His functions
include the facilitation of restoration of broken
relationship of his sakop, mediates conflicts, coordinates with other datus to solve community issues and
problems, and the obligation to provide a gahum for the aggrieved families during husay. The Tribal Baes
supports the Datu during the settlement of conflicts while the Alimaongs act as guards in actual case
settlement to safeguard the life of the audience. In big cases, the Tribal Council are called to help the Datu for
instance in dumalongdong and tampuda ha balagon gathering. Both the respondents of the Group 1
revealed the different cases handled by the mediators. There were family cases like undaay, talaban, adultery
etc. Other cases include theft, murder, petty quarrels and boundary disputes. All these cases according to the
respondents were settled in their justice system. The process of solving problems were mediation, negotiation
and arbitration of the Datu or Tribal Council using their indigenous system like the Tampuda and
dumalongdong. Any settlement of conflict will start with a singampo. In terms of administration of justice, both
respondents in Group 1 noted the imposition of Sala for any violations of their Customary Laws.
Table 6
Distribution of Responses of the Group 2-A(Barangay Chairmen)) on the History, Purpose,
Composition, Roles And Functions of Members, Types of Cases Handled, Means of Solving Problems
and Administration of Barangay Justice (N=13)
CATEGORIES
3.1
History

RESPONSES
-Based on Local Govt Code of 1991
Bug-at na problema-murder
Mo dig up ko sa Local code, naa ko adviser sa bug -at na kaso. Barangay
officials , taga munisipyo province, pulis,huwis( For serious problem like
murder,I will base on Local government Code,I have advisers like

FREQ.
13

25

3.2

Purpose

3.3 Composition

3.4 Roles and Functions of


Members

3.5 Types of Cases Handled

3.6 Means of Solving


Problems

3.7 Administration of Justice

Barangay officials,from Municipality,province,police,judge) for serious


offenses
-Katarungang Pambarangay Law as basis for implementation
-Amicable settlement of conflicts in the barangay
-Maintaining the peace and order of the barangay
-Encouragement for community development
-Barangay Captain
-Lupon members
-Secretary
-Tanod
-Tribal Rep
-Barangay Chairman as mediator, administrator
-Lupon members settles conflicts
-Secretary acts as documentor during hearing
-Tanods as guards during hearing
-IP Representative
-Land conflict(e.g. Boundary disputes)
-Oral defamation
Petty quarrels among neighbors
-Domestic violence(spousal abuse) and Child abuse
-Theft
-Murder
-Possession of illegal drug(marijuana)
-Collection of debts
-The complainant reports the incident to the barangay office for
blotter/recording
-The secretary prepares the summon as instructed by the
Barangay Chairman
-The Barangay Chairman invites the concerned parties to the
barangay Hall for queries
-The concerned parties will decide for the Conciliation members if
not settled by the Barangay Chairman
-The Barangay Chairman
gives advices to the complainant and respondents
-After the amicable settlement, the offender will pay the damages if
needed
-Written agreement of both parties
-Practice of both justice administration Pambarangay)

5
13
4
1
13
12
6
6
2
13
13
13
13
3
10
7
6
5
2
2
13
13
13

13
13
3
13
5

The Barangay Justice System of the Higaonons


Table 6 presents the interview results of the second group of respondents (Group 2-A) of the study
conducted among the thirteen respondents who were Barangay Chairmen.
History
Regarding the history of Barangay Justice System in the Philippines, the promulgation on June 11,1978
of Presidential Decree No. 1508, otherwise known as Katarungang Pambarangay Law, by Former President
Ferdinand Marcos has institutionalized the Barangay Justice System or Katarungang Pambarangay. It
established a system of amicable settlement of disputes at the barangay level. In order to strengthen the local
government and decentralize the power of the national government, the Local Government Units (LGUs) are
mandated to resolve the conflicts of their constituents at the barangay level amicably without judicial recourse
under the Local Government Code of 1991.
When asked about their knowledge of the existing laws, all thirteen respondents said about the Local
government code of 1991 as the basis for justice dispensation in the Barangay level. This is a strategy of
settling disputes and justice administration among family and people in the barangay. However, only five out
of thirteen Barangay Chairmen interviewed said that the Katarungang Pambarangay Law is also the basis for
making the justice system more responsive to the needs of their constituents.
The place of settlement of disputes will be determined based on the guidelines. In the actual practice of
settlement of conflicts, only one out of the thirteen (13) respondents said that they have an alternative venue
for settlement of cases filed in the barangay. They call this innovation as karomata system-it is like the justice
on wheels program of the Department of Justice.

26
The implementation and administration of the Barangay Justice System or Katarungang Pambarangay
will be supervised by the City or Municipal Mayor. The Secretary of Justice shall promulgate the rules and
regulations necessary in the implementation of the provisions of the Barangay Justice System. The city or
municipality shall provide the funds for the effective implementation of the Katarungang Pambarangay.Based
on the interviews of the thirteen barangay chairmen, there was no budget received from the Local Government
Unit for Katarungang Pambarangay. The filing fee for cases is only Php50.00. As practiced, there are
barangays who have no honorarium for Lupong Tagapamayapa.
Purpose
All thirteen (13) respondents stated that the purpose is for amicable settlement of conflicts in the
barangays. One Barangay Captain said: Dinhi sa barangay mahusay gyud ang conflict,husayon gyud ang
conflict sa isigkatawo aron dili na makaabot da korte,mao na siya ang amicable settlement( In the
barangay,conflict will be settled,a need to settle conflictamong the people so that it will not reach the court).
However, only four (4) out of thirteen (13) Barangay Chairmen mentioned that Katarungang Pambarangay is
for the maintenance of peace and order in the barangay. Of all Thirteen barangay chairmen, only one noted
that Katarungan pambarangay served as encouragement for community development. Thus, it can be
understood that barangay justice is an important element in the path for peace.
The salient features of this Katarungang Pambarangay Law are to make the barangay settlement a prerequisite to bringing suit in the regular courts of justice and parties may not be represented by a lawyer or
anyone else. This makes the proceedings simple and inexpensive or access for justice is available to all.
Based on the MILG reports for 2010-2013, out of the thirty one (31) cases filed in two urbanizing
barangays(Capitan Bayong and Kalabugao), thirty (30) cases were mediated and only one(1) was referred to
the municipal court. Given this data of settled cases, the Katarungang Pambarangay had helped in de-clogging
municipal courts of cases congestion. Another example, among the nine (9) rural barangays, La Fortuna had
one hundred ninety seven (197) cases filed for 2010-2013. Out of the one hundered ninety seven (197) cases,
one hundred eleven (111) were mediated, and five (5) were conciliated. Action taken for other cases were as
follows: eighteen(18) were dismissed, eleven(11) were referred, six(6) were certified,one(1) was pending and
forty five(45) were on-going.
The amicable settlement of disputes where parties are encouraged to make mutual agreement to
obtain peaceful resolution makes their community peaceful. Like any other barangays in the Philippines, the
thirteen barangays of Impasug-ong, Bukidnon observe the principle of peaceful settlement of conflicts.
Composition
All thirteen respondents said that the Barangay Captain is the Chairman of Katarungang
Pambarangay. Twelve respondentsmentioned the Lupon members, and six out of thirteen respondents
mentioned the barangaysecretary and the Barangay Tanod as members. Only two respondents mentioned the
Tribal Representative in the Katarungang Pambarangay composition.
When asked about the selection of members of Lupong Tagapamayapa ,all the thirteen(13)
respondents referred to the Katarungang Pambarangay guidelines such as the Lupong Tagapamayapa is
organized by the Barangay Chairman and automatically,the Chairman of the Lupong Tagapamayapa-a body
which the members of the Pangkat ng Tagapagsundo shall be chosen.The members of the Lupon and the
Pangkat shall be deemed public officers and persons in authority within the meaning of the Revised Penal
Code. There will be ten(10) to twenty(20) members appointed by the Barangay Chairman who will hold office
for three years. Based on the actual practice in Lupon organization, the researcher observed that not all
barangay followed the prescribed ten to twenty members. One Barangay Chairman said that some members of
his Katarungang Pambarangay are not functional because they report only to the barangay court when there
are cases to be heard and most of the time, it is the Barangay Captain who settles the case and he plans to
lower the number of lupon members.
Roles and Functions of the Members
When asked about the roles and functions of Lupong Tagapamayapa. All eleven respondents said
that they acted based on what is stipulated on the Katarungang Pambarangay Law. Thirteen respondents said
that the Barangay Chairman acts as mediator and administrator; Lupon members settles conflict when the
Barangay Chairman could not settle the case; Secretary as documentor during hearing of filed cases and the
Barangay Tanods as guards during case settlement. The Tanods are assigned to conduct security procedures
to ensure the safety of people inside the barangay court.Only three out of the thirteen respondents mentioned

27
about the role of an Indigenous People representative. In some instances, the Mandatory IP(Indigenous
People) representative of the barangay is being asked only if the Lumads are involved in the case.
The Implementing rules and regulations of Republic Act No.7160 elaborated the different functions of
the members of Katarungang Pambarangay. The following functions are:
The Barangay Captain shall exercise powers and perform duties relating to the constitution of the Lupon;
the constitution of the Pangkat ng Tagapagsundo; and mediation and arbitration of cases. Upon receipt of
written complaint and taking note of verbal complaint, he shall issue summons to the respondent and give
complainant notice to appear before him not later than the second working day from the date of summons for
mediation of their conflict of interests. If the Barangay Chairman fails in his effort within fifteen days from the
first meeting of the parties before him, he sets a date for the constitution of the Pangkat ng Tagapagsundo.
The Lupon Secretary shall have record-keeping functions and functions with respect to selection of
the members of the Pangkat in the absence of the Barangay Chairman; mediation proceedings before the
Barangay Chairman; transmittal to the proper city or municipal court of the final report on every mediation
proceedings; and amicable settlement or arbitration award; the furnishing to the parties copies of their
settlement or award and issuance of the certifications required for bringing or barring suits.
The Lupong Tagapamayapa is a body which the members of the Pangkat Ng Tagapagsundo shall be
chosen. The Lupon shall exercise the following functions: a) administrative supervision over the conciliation
panels b) meet regularly once a month to provide a forum of exchange of ideas among its members and the
public on the matters relevant to the amicable settlement of disputes; c) withdrawal of appointment of Lupon
members. All disputes not successfully settled by the Barangay Chairman shall be settled by the Pangkat Ng
Tagapagsundo through conciliation or arbitration. The Pangkat Ng Tagapagsundo is a conciliation panel
composed of three members chosen by the parties from the list of Lupon members to mediate their differences.
The Chairman of the Pangkat shall have the powers and duties to preside over all hearings conducted by the
Pangkat and administer oaths in connection with any matter relating to all disputes brought for settlement;
issue summons for the personal appearance of parties and witnesses before the Pangkat; in case of refusal or
willful failure to comply with such summons, apply with the city or municipal court for punishment of unruly
party or witness as for indirect contempt of court, attest to the authenticity and due execution of the settlement
reached by the parties before the Pangkat; when the parties agree to have the Pangkat arbitrate their dispute,
preside over the arbitration hearings; and attest the certification issued by the Pangkat Secretary required for
filing an action or proceeding in court or any government office for adjudication.
Types of Cases Handled
From the Katarungang Pambarangay forms 17,18 and 21, the nature of cases that can be filed in
Katrungang Pambarangay are the criminal and civil cases. The action to be taken are mediation, conciliation,
arbitration and referral to proper courts or agencies. Ten (10) out of thirteen(13) respondents identified land
conflict like for instance boundary disputes was the top case. Seven (7)respondents mentioned petty quarrels
like oral defamation or chismis, six (6) respondents mentioned domestic violence(spousal abuse)and child
abuse, five (5)respondents mentioned theft, two(2) out of thirteen respondents mentioned possession of illegal
drugs(marijuana),two(2) mentioned about collection of debts and another two(2) mentioned about murder.
Although heinous crimes like murder is not under the competence of the Barangay Chairman, two (2) barangay
chairmen mediated murder cases when both families agreed to settle the case in the barangay.
It is interesting to note that criminal cases can also be solved in the barangay level. Actually, as
observed by the researcher in an actual hearing, the complainants most of the time were not aware that after
paying the damages , only the civil aspect of the crime was solved and not the criminal aspect. It seemed
automatic that paying damages relieved the offender of the crime committed. After the complainant and
respondent signed the agreement , the case is settled and closed.
Based on the Local Government code of 1991, all disputes among individuals residing in the same city
or municipality maybe subject of proceedings for amicable settlement except for some cases. In the barangays
where the Tribal Justice is available, the Katarungang Pambarangay is the second priority for settlement.
Based on the interviews, two out of the thirteen Barangay Chairmen said that most cases involving the lumads
and dumagats were brought to the barangay for settlement.
Means of Solving Problems
All thirteen respondents followed the procedures in the settlement of disputes based on the
Katarungang Pambarangay law. Based on the Local Government Code provisions on Katarungang

28
Pambarangay, all settlements, whether by mediation, conciliation or arbitration, shall be in writing, in a
language or dialect known to the parties. Settlements by mediation or conciliation shall be signed by the parties
and attested by the Barangay Chairman or Pangkat Chairman, as the case maybe, that such settlement was
agreed upon by the parties freely and voluntarily, after a full understanding of its terms and an intelligent
awareness of the legal consequences thereof. The arbitration award shall be signed by the Barangay captain
or all members of the Pangkat, as the case maybe.The Lupon has no power to repeal, modify or reverse any
award made by the Pangkat.
Based on the responses of the Barangay Chairmen, all thirteen (13) respondents said that any
individual who has causes of action against another individual involving any matter within the authority of the
Lupon may complain, orally or in writing to the Barangay Chairman. All the thirteen (13) Barangay Chairmen
noted that the complainant normally reports the incident to the barangay office for blotter or recording purposes.
Upon payment of the appropriate filing fee, the Barangay Secretary prepares the summon as instructed by the
Barangay Chairman. The Barangay Chairman shall summon the respondent within the next working day, with
notice to the complainant for them and their witnesses to appear before him for a mediation of their conflicting
interest. If cases are not settled by the Barangay Chairman, this is endorsed to the Pangkat for conciliation.
Although it is clearly stipulated in the Guidelines of Katarungang Pambarangay, there were strategies
being done like the Karomata System shared by one Barangay Chairman. All thirteen (13) Barangay
Chairmen said that would depend on the nature of cases and the mediation skills of the Barangay Chairman.
Based on the observations of the Research Team, it showed that there is a wide variety of practices and
interpretation of the Katarungang Pambarangay Law. Practices of the Barangay Justice System differ from one
barangay to another. The Katarungang Pambarangay proceedings are ignored when useless, and local
variations are invented. For instance, the La FortunaKaromata system where the mediators will go to the
sitios,where the disputants are residing and for the speedy settlement of disputes.
Administration of Justice
Based in the Katarungang Pambarangay Law, in cases of amicable settlement, the offender will pay the
damages if needed and written agreement of both parties attested by the mediators will be done. As a process
of barangay settlement, the parties must appear in person without the assistance of the counsel or
representative, with the exception of minors and incompetents who may be assisted by their next of kin who
are not lawyers. Refusal or willful failure of any party or witness to appear in compliance with summons or
notice to appear maybe punished by the city municipal court as indirect contempt of court upon application filed
therewith by the Lupon Chairman, the Pangkat Chairman or by any parties. Based on the consolidated reports
of LGU-Impasug-ong 2010-2013, out of 524 cases filed in thirteen barangay courts, 383 were mediated by the
Barangay Chairmen, 19 cases were conciliated by Pangkat ng Tagapagsundo, and only 13 cases were
referred to the municipal courts. Given this data, it would seem that the Katarungang Pambarangay, with 524
cases and 383 settled cases has promoted speedy administration of justice and relieved the courts of docket
congestion. However, with only 11 barangays of the total providing information, it is apparent that there is a
need for improvement in the record-keeping of the Katarungang Pambarangay cases.
Table 7
Focused-Group Discussion Responses of the Group 2-B1 composed of Lupon Members, Church &
Purok leaders, NGO Representatives of Lompatag Plains (N=8)
CATEGORIES
1. History

2.

Purpose

3.

Composition

RESPONSES
-Local Government Code of 1991
-Katarungang Pambarangay Law
-IPRA Law
Base sa paghusay gabase ko sa IPRA law. Naay gyud settlement mahitabo. Naay ritual kung
sa tribal. Sugod sa husay Plato ,oil ,bronze, mamaon, kandila etc . kung simple lang.dili gamitan
sa kubing (I based my mediation from IPRA law and settlement will happen,tere is a ritual for
tribal.Start the settlement there will be,plates,oil,bronze,betel nut,candle etc.)
-Maintain peace and order among the residents(lumads and dumagats)
-All cases in the barangay level is for amicable settlement
-Barangay officials
-Lupon members
-Municipal officials
-Provincial officials
-Police, judge

29
4.

Roles and Functions of Members

5.

Types of Cases Handled/attended

6.

Means of Solving Problems

7.

Administration of Justice

Other Comments

- Dili pwede balibaran kung naa nagkinahanglan sa imong serbisyo sa paghusay (You ca
not refuse the service for settlement of conflicts)
-Murder case solved thru TJS
Murder case, gilitok sa complainant na sa tribu mi magpahusay kay diri mi namuyo sa
tribu(Murder case: the family wanted the settlement in tribal because they live in the tribe.)
- Family problems
-Students violations in school
-Boundary dispute
-Domestic violence
-Petty quarrel among neighbors
-Refer to Barangay Captain
-Since elected as Barangay Kagawad there are some cases I settled that did not reach
the barangay. I always listen to both parties, I told them there are no mistakes on both
groups in conflict. I gave no judgment. After advising them about the cost of their conflict
when it will reach the court.
I have in this service for almost twenty years. I found it effective and nice before the
hearing there will be a prayer. Naay recorder.
-,Dumagats (BJS) and Lumads(TJS) unite in solving community problems)
-Getting the root cause
-Dumagats follow the tribal ritual in the area
-Living harmoniously with lumads-co-existence
-What if ang gahusay naa kaso? di pwede mohusay. Ang barangay official,tribal
leader kung sila mismo ang maapektuhan sa problema, mo designate ug maghusay
na makatabang sa ila pagsolbad sa problema.bisan kinsa ang pwede pilion nga
mosolbad if walay mapili pwede adto sa taas
-Written agreement and If possible with penalty
naay kasabutan gyud ug kung kinahanglan naay binayranan,walay protection ang mga
bana
Suggest na unta naay representate na magpanday ug balaod ,Uyon sa damgo na
naay representante sa korte pagpanday sa balaod( Representative in the court to
make laws and agree for dreaming that there will be representaives)
-Honor sa court ang husay sa tribal justice, morag ang prisohan para sa pobre(that
court will recognize the Tribal settlement)
- Tribu ug Dumagat maghiusaUnity and fellowship will continue.
-Educate the lumads of the Higaonon culture
-Maayo kung naa ug kung wala maayo man-ingon sa tigulang kaniadto,di bali na ang
walay honorarium basta nga malinawon ang lugar-makatulog name maayo,menos
ang tulog basta naay problema.(Honorarium if possible, if none still ok as long as one
can sleep soundly)
-Tribal ug Barangay officials magtinabangay if naa kaso sa barangay
(Tribal ant Barangay officials will help each other if there will be cases in the
barangay)
Ako gipaabot sa barangay ug ako na realize nga dili diay maayo mag pahusay kung
dili maayo ang atong gibati( I reported it to the barangay and it was not good if the
feelings are not good at that time)

Table 7 presents the Focus Group Discussion responses of the Group 2-A composed of selected
Lupong Tagapamayapa members, Church and Purok Leaders, NGO representatives of Lompatag Plains
When asked regarding the history of the Barangay Justice System, the Local Government Code of
1991 and Katarungang Pambarangay Law were mentioned. Implicit in their responses is the role of IPRA law
in settling disputes in the barangay justice system. The researcher observed that since the respondents were
living in the barangays where AGHIMICU is located, the settlement would refer to IPRA Law especially when
lumads are involved.
All FGD participants agreed that all cases in the barangay level is for amicable settlement. It is to
maintain the peace and order among the Lumads and Dumagats. In terms of composition of the Barangay
Justice System, the barangay, municipal and provincial officials, lupon members,police and judge were
mentioned. In terms of roles and functions of the mediators mentioned,not all participants could discussed the

30
specific roles and functions of the members of Lupong Tagapamayapa but five(5) from the participants said
that:
dili pwede balibaran kung naa nagkinahanglan sa imong serbisyo sa paghusay.(We cannot refuse if
somebody approach you to settle conflict.)
Cases like boundary disputes, domestic violence, family problems, school violations and petty quarrels
were noted. According to the one of the participants, there were also murder cases reported in the barangay
but withdrawn and settled especially when the complainants would agree to settle in the Tribal Justice System
instead of Barangay Justice System.
Table 8
Focused Group Discussion Responses of the Group 2-B2 composed of Lupon Members, Church &
Purok leaders, NGO Representatives of selected Urban, Urbanizing and Rural Barangays) (N=8)
CATEGORIES
1. History
2. Purpose
3. Composition

4. Roles and Functions of


Members
5. Types of Cases
Handled

6. Means of Solving
Problems

7. Administration of

RESPONSES
-Katarungang Pambarangay Law
-Solve conflicts in the community
-Patch up differences
-Barangay Captain
-Datu
-Lawyers as consultants
-Barangay Captain, Lupon members and Datu are mediators
-Land conflict
-Unjust vexation
-Damage to property
-Disagreement on contract
-Physical injuries
-Separation of couples
-Secta case-this is a difficult case to solve case
-The Lupon asked for an advice from the Fiscal in Malaybalay so they were
told to really apply the KP for this case
-Mediation of the Datu and Barangay Captain
As experienced by most of the participants, basta magpa areglo, KP and
BJS can be applied
-I observed in my purok, we go directly to the Barangay for settlement
-The Datu at the same time the Barangay Captain mediated the settlement
of conflict
-Katarungang Pambarangay normally use in settling conflict in the
barangay
-Reported to the barangay and the Punong Barangay mediated by using
Tribal and Kp in settling the case
-In the Tribal settlement, if the respondent will ask for mangamuyo,
hinulsol, manulok- this is the basis for settlement
-It was solved by paying the damage plus a chicken for ritual
-There was a case of elopement(Taban). To appease the family, both sides
agree to put their resources together(amota para mahuman). Food and
firewood.
-The Lupon exerted effort to study the case, consulted lawyers and judges
from Malaybalay on how to settle this case
-Barangay Captain used Tribal & KP
If mag pirma ang both parties ug agreement ok na (If the Written

31
Justice

Other comments

agreements of both parties are signed,the case is solved


-The offender asked forgiveness as basis for settlement.
-bisan unsa kadako ang kaso,gahusayon sa Datu(Even how big the case
is, the datus will solve it)
-Paying the damage plus chicken for ritual
- Training of Lupon members
- Sometimes, the summon is not acknowledged)
-ang datu way sapatos kay mao ang motabang sa nakasala nga sakop,prepare
ug pambayad sa sala( The datu sometimes has no shoes because he has to
help his followers when they commit offenses,he will prepare the payment for
the crime)
-In the tribal, way dumot(in the tribal settlement, there is no more ill feelings )
( The tribal justice system will really patch up difference.)

Table 8 presents the Focused Group Discussion of the Group 2-B composed of selected Lupong
Tagapamayapa members, Church and Purok Leaders, NGO represenatives of selected urban, urban and rural
barangays.
The FGD results conducted in the Legislative Hall of Barangay Poblacion narrated how the Lupon
members solved the cases brought to the barangay court. All the eight (8) participants noted the Katarungang
Pambarangay Law as basis for settlement of conflicts in the barangay level. They added that the purpose of
the Barangay Justice System is to patch up differences and solve conflicts in the community. All the eight (8)
participants only noted the presence of the Barangay Captain, Datu and lawyers (as consultants) as members
of the Barangay Justice System. All the eight participants agreed on the roles and functions of the Brangay
Captain, Lupon members, and datu as mediators. No other functions were mentioned during the discussion.
When asked regarding the types of cases handled, they enumerated the following: Land conflict, Unjust
vexation,Damage to property,Disagreement on contract,Physical injuries and Separation of couples. When
asked about the most difficult cases they settled, al the eight (8) participants agreed that cases involving
women were difficult to settle. When asked regarding the administration of justice, all the eight participants
agreed that the written agreement of both parties is very important for settlement of conflict. All eight
respondents noted that in amicable settlement, the offender will pay the damages if needed and a written
agreement will be signed by the conflicting parties. Although not all the eight (8) participants could state other
ways of administering justice in the barangay level, the three(3) participants said about the use of Tribal Justice
System in some cases filed in the barangay court. One participant said that in the Tribal settlement, if the
respondent wouldl ask formangamuyo, hinulsol, manulok or forgiveness, this would become the basis for
settlement . Another participant said thatIt was solved by paying the damage plus a chicken for ritual. For
the Higaonon Datus who were also Barangay Chairmen said that Bisan unsa kadako ang kaso,gahusayon sa
datu sa ilang lumadnong pamaagi.(Even big cases, the Datus would settle problems using their tribal Justice
System). As regards to agreement, another Datu said that: If magpirma ang bothe parties ug agreement ,ok
na(If both parties will sign the compromise agreement,problem is solved.)
From the interviews and in the barangay reports examined by the researcher, it showed the full
maximization of mediation mechanism by the barangay Chairmen. Based on Katarungang Pambarangay law,
the Barangay Justice System is an innovation of the Philippine justice system and provides for the resolution of
disputes at community level through mediation, conciliation or arbitration by an unpaid committee, which is
chaired by the Barangay Captain. According to Alangwawi (cited in Ranario, Dissertation, 2008) the Barangay
Justice System today had always been a version patterned from a system used in early tribal days of the
country. It is a simpler method of laws and rules to settle disputes and promote peace and unity among the
locals of the barangay.

Table 9

32
Group 2
Summary of Responses (FGDs and Key Informant interviews) of the Barangay Chairmen and Lupon
Members, Church & Purok Leaders, and NGO Representatives on the History, Purpose, Composition,
Roles and Functions of Members, Types of Cases Handled, Means of Solving Problems and
Administration of Justice (N=29)
Categories
1.History

2. Purpose

Barangay Chairmen

B Based on Local govt Code of 1991


Bug-at na problema-murder
Mo dig up ko sa Local code, naa ko adviser sa bug- at
na kaso. Barangay officials, taga munisipyo province,
pulis, huwis
( For serious problem like murder,I will base on
Local government Code,I have advisers like
Barangay officials,from
Municipality,province,police,judge) for serious
offenses
-Katarungang Pambarangay Law (P.D. 1708)as basis
for implementation
-Maintain peace and Maintaining the peace and order
of the barangay
-Encouragement for community development
- Amicable settlement of conflicts in the barangay

3.

Composition

4.

Roles and
Functions

5.Types of Cases Handled

- Barangay Captain
- Lupon Secretary
- Lupon members
- Tanod
-Tribal Representative

-Barangay Chairman as mediator, administrator


-Lupon members settles conflicts
-Secretary acts as documentor during hearing
-Tanods as guards during hearing
-IP Representative
Theft
Murder
Oral defamation
Physical injuries
Land conflict(e.g. Boundary disputes)
Petty quarrels among neighbors
Possession of illegal drug(marijuana)
Domestic violence(spousal abuse)
Child abuse
Collection of debts

Lupon members, Church & Purok leaders, and NGO


Representatives
-Code of 1991 Katarungang Pambarangay Law

-Base sa paghusay gabase ko sa IPRA law. Naay gyud


settlement mahitabo. Naay ritual kung sa tribal. Sugod
sa husay Plato ,oil ,bronze, mamaon, kandila etc . kung
simple lang. dili gamitan sa kubing (I based my
mediation from IPRA law and settlement will happen,
there is a ritual for tribal. Start the settlement there will
be,plates,oil,bronze,betel nut,candle etc.)
-

Maintain peace and order among the residents


(lumads and dumagats)
-All cases in the barangay level is for
amicable settlement,solve conflicts in the community
and patch up differences
-Barangay Captain
- Barangay officials
-Lupon members
-Municipal officials
-Provincial officials, Police, Judge
-Tribal Datu
-Lawyers as consultants

-Barangay Captain and Lupon members are mediators


-Dili pwede balibaran kung naa nagkinahanglan sa
imong serbisyo sa paghusay (One cannot refuse
and must be available for service for settlement of
conflicts)
Murder case but solved thru TJS
Murder case, gilitok sa complainant na sa tribu mi
magpahusay kay diri mi namuyo sa tribuCThe
complainant wanted to settle their conflict in the
tribal justice system)
Family problems
Students violations in school
Boundary dispute, Land conflict
Domestic violence
Quarrel among neighbors due to
farm animals
-Unjust vexation
- -Damage to property
-Disagreement on contract
-Physical injuries
- Separation of couples

33
6.

Means of Solving
Problems

Process
- The complainant reports the incident to the
barangay office for blotter/recording
-The secretary prepares the summon as instructed
by the Barangay Chairman
-The Barangay Chairman invites the concerned
parties to the barangay Hall for queries
-The concerned parties will decide for the
Conciliation members if not settled by the Barangay
Chairman
-The Barangay Chairman
gives advices to the complainant and respondents

Process
-Refer to Barangay Captain
-Explain the consequence during mediation
-Dumagats (BJS) and Lumads(TJS) unite in solving
community problems
Since elected as Barangay Kagawad there are some
cases I settled that did not reach the barangay. I always
listen to both parties, I told them there are no mistakes
on both groups in conflict. I gave no judgment. After
advising them about the cost of their conflict when it will
reach the court.
-Through Prayer, listening, respect
I have in this service for almost twenty years. I
found it effective and nice before the hearing there
will be a prayer. Naay recorder.
Ma invite sa pag ampo makabig sila sa pagtuon
sa balaod sa ubos, paminawon ta sila ug
maminaw pud sila ( Through Prayer,they will be
encouraged to study the mainstream laws,we will
listen to them and they will will listen too.)
-If dili mag follow the guidelines, ipahunong ang husay.
Respect is important.walay gihusay na mag inaksyonay,
naa respeto. Mao gihapon mahulog gyud sa pag inuliay.
Solemn settlement ever since ( If they will not follow the
rules,stop the hearing. Respect is important, nobody
who wants settlement will provoke the other. That the
reason for settlement.)
-Sa pag open sa problema, Let the two parties
understand problem: the situation of the place
ex. Kalabugao, pinalangga na lugar/yuta. Ipasulti ang
complainant kung unsa katinuod ang iyang
complaints,sunod ang respondent aron matubag ang
complaints. If tribal leader ang mag facilitate. Pwede
tambongan sa tribal, govt. Una na ibungat ang bug-at
nga penalty/gahom bisan unsa kagamay(In opening the
problem,let the two parties understand the problem. Ex.
Kalabugao is a loved place. Ask the complainant about
his complaints, followed by the respondent inorder that
the complaints will be clarified. If the Tribal leader will
facilitate ,they can invite from tribal and government.
First, you tell them of the heavy penalty or fine even how
small)
-If the case is big, the two barangays will help in solving
the problem especially murder, the different groups will
help
-Counseling
before
magsumbong
Ang
point
nako,awhagon ta ka for decision if wala na imong
kasuko ( Counselling before reporting the offenses. My
point is to ask you when you are no longer angry.
-Nagsabot na idala na sa barangay, gisabutan sa
kapitan, gipabayad ang parents( They agreed to report
the case to the barangay and as an agreement the
parents will be fined.)
- Gihangyo ko na magpahusay sila sa akong garden.
Ingnan nako na magsabot-sabot ra sila kay magbayaw
ra( They asked me to mediate when I was in my
garden,I told them if they can just settle by themselves
because they in-laws)
-The decision will come from the parties concerned. If
dinagko na ang case, kinahanglan safe ang lugar para
dali ka kalusot aron di maigo sa encounter.safety pud sa
facilitator. Ang tanod mo check-up una hearing. Ang
naghusay kasagara maigo sa encounter. If kinahanglan
naa self-defense.

34

7. Administration of
Justice

- After the amicable settlement, the offender will pay


the damages if needed
- Written agreement of both parties
-Practice of both justice administration Pambarangay)

-Getting the root cause


-Dumagats follow the tribal ritual in the area
-Living harmoniously with lumads-co-existence
Nagsunod nami sa linumad na paagi, sa ritual mga
lalaki naga lead sa pag ampo, sa dumagat tua sa
gawas-bisan morag bajag-bajag ra(We are following
the indigenous ways,during ritual the men lead the
prayer.for dumagats, they will stay outside during
prayer)
balaan ang lugar,pagsalig sa pag- As
experienced by most of the participants, basta
magpa areglo, KP and BJS can be applied
-I observed in my purok, we go directly to the
Barangay for settlement
- The Datu at the same time the Barangay Captain
mediated the settlement of conflict
-Katarungang Pambarangay normally use in settling
conflict in the barangay
-Reported to the barangay and the Punong Barangay
mediated by using Tribal and KP in settling the case
-In the Tribal settlement, if the respondent will ask for
mangamuyo, hinulsol, manulok- this is the basis for
settlement
-It was solved by paying the damage plus a chicken for
ritual
-There was a case of elopement(Taban). To appease
the family, both sides agree to put their resources
together (amota para mahuman). Food and firewood.
-The Lupon exerted effort to study the case, consulted
lawyers and judges from Malaybalay on how to settle
this case
-Written agreement and If possible with penalty
naay kasabutan gyud ug kung kinahanglan naay
binayranan,walay protection ang mga bana
-Barangay Captain used Tribal & KP
-Written agreements of both
Parties If mag pirma ang both parties ug
agreement ok na
-The offender asked forgiveness as basis for settlement,
paying the damage plus chicken for ritual,bisan unsa
kadako ang kaso,gahusayon sa Datu

Table 9 presents the Summary of Responses of Group 2 composed of Barangay Chairmen and Lupong
Tagapamayapa members,Church and
Purok Leaders, NGO Representatives on the History,
Purpose,Composition,Roles and Functions of Members,Types of Cases Handled,Means of Solving Problems
and Administration of Justice.(N=29)
Based on the responses of Group 2, both the Barangay Chairmen and Lupong Tagapamayapa
members, Church and Purok Leaders, NGO Representatives noted the Local Government Code of 1991 and
the Katarungang Pambarangay Law as basis for the history of the Barangay Justice System. All respondents
said that the purpose of the creation of Katarungang Pambarangay is the amicable settlement of cases filed in
the barangay. It is also noted that the purpose is for the maintenance of peace and order of the community. As
regards to the Composition of the Barangay Justice System, the government officials, lawyers ,police and
judges were mentioned as mediators during settlement of disputes at the barangay level other than the
members stipulated in the Katarungang Pambarangay Law. The role of the Barangay Captains and Lupon
members noted was being mediators and they function according to the guidelines for the implementation of
Katarungang Pambarangay. In terms of the process of solving problems, mediation by the Barangay Captains
is common in both group of respondents. It is interesting to note that the Tribal Justice system is being utilized
by mediators in the administration of barangay justice. All respondents agreed on the payment of damages as
part of the amicable settlement. There will be a written agreement for the settled cases,and for the unresolved
cases,these cases will be referred to appropriate courts.

35
Table 10
Summary of Responses of the Group 1 on the Other Issues and Problems encountered in the
Administration of the Traditional-tribal Justice System among the selected Higaonon Communities
(N=26)
ISSUES AND PROBLEMS
PROBLEMS

FREQ.

1.

Procurement of Manggad/Gahum

24

2.

Denial of the crime, the offender does not like settlement ,Non appearance of the
offender
- Offender refuse to listen to advices and seeking revenge

12

3.

Mediators Skills in giving judgment

1.

walay gimgimukuda( no forgiveness)

ISSUE
6

Table 10 presents the Summary of Responses of the Group 1 on Other Issues and Problems
Encountered in the Administration of the Traditional-tribal Justice system among the selected Higaonon
Communities(N=26)
a) Traditional-tribal Justice System
In this research, the word problem is defined by the researcher as a difficult situation that needs an
immediate solution while issue is something that arises from the problem and a consequence of one
situation in conflict that most likey create a chain of similar situation when unresolved.
Monetary and material aspect
The procurement of gahum is a problem especially when put in perspective that the Tribal Datu
has the obligation to provide for penalty when the offender cannot afford the demand of the aggrieved party.
The responses from the different gaups revealed that the twenty six (26) participants interviewed did
not share a lot about issues and problems of their justice system. However, twenty four(24) participants
identified the procurement of manggad or gahum as the major problem on the part of the Tribal Datu and
the offenders. The inability of the offender to comply with the demand of the aggrieved party were noted.
Attitudes of people toward the justice system
Another problem mentioned by the twelve participants was the offendersdefiance on the settlement
of conflict because of pride.
Inability of the justice system to provide an effective dispensation of justice
Although majority of the respondents said that Higaonons never protested the judgement handed to
offenders by their elders, ofthe twenty six (26) participants, there were six participants who said about the
Datus mediator skills in giving judgment as a problem to be given solution. For one tribal datu, he
mentioned that: Amin ba gyud ha kulang hu negosyet sa laas, kahitabo ha huda tagbulig,huda timbang agod
hadi ug kahusay (The lack of negotiation skill of the elders, settlement of conflict will not happen. There is a
need to have an assistant that will help in settlement). Although only two participants mentioned about the
imposition of death penalty for offendersas a problem in administering justice in their indigenous justice
system, majority are aware that it happened as a tribal practice before.
Unwillingness to forgive (walay gimgimukuda)
Although majority of the respondents did not say anything as regards to the issues of the Traditionaltribal justice system, there were six(6) participants who said that the unwillingness to forgive(walay
gimgimukuda) was considered an issue during settlement of conflict. For the Higaonons included in the study,
settlement has a very deep meaning. It does not mean only paying the damages but restoring the broken
relationships of families in conflict. Another issue was noted by four respondentswere the offenders refusal to
listen to the advices of elders. One datu informant said that magahat or seeking revenge most likely to
happen when the conflict are not settled immediately.

36
Focusing on the three problems identified by the respondents, the interviews state the moral authority and the
skills of Tribal datus are very important in justice administration. It is important to point out that more than half
of the key informants of the Tribal Justice System did not answer or said nothing when asked about the
problems in settlement of conflicts. Given this data, it would seem that somer espondents were hesitant to
share the problems encountered in settling disputes to the Research Team.The presence of the Research
Team-although majority were young Higaonons posed an intimidation to the respondents of this study
especially when asked sensitive questions regarding their oral traditions.
Table 11
Summary of Responses of Group 2 on the Other Issues and Problems encountered in the
Administration of the Barangay Justice System of the selected Higaonon Communities (N=29)
ISSUES AND PROBLEMS
PROBLEMS

FREQ.

1.

Mediation Skills of Lupong Tagapamayapa members

2.

Record-keeping in the barangay

4
ISSUE

1.

Lack of Funds for Katarungang Pambarangay implementation

Table 11 presents the Summary of Responses ofGroup 2 on Other Issues And Problems encountered
in the Administration of the Barangay Justice System.(N=29)
a)
Barangay Justice System
Insufficient knowledge and training of Lupong Tagapamayapa members
When asked regarding other problems encountered of Barangay Justice system, of the twenty nine(29)
respondents,there were six(6) participants who identified the lack ofmediation skills of Lupon members as a
problem. According to some Barangay Chairmen, less meetings and updating of Lupon members were
conducted regarding the Local Government Code of 1991. Majority of the Barangay Chairmen said that their
Lupong Tagapamayapa members need training skills. When asked about the process of settling barangay
disputes, not all respondents from the Lupong Tagapamayapa could discussed the distinction between
mediation, conciliation and arbitration process but there were at least three respondents who had experienced
being in the conciliation panel.
Poor documentation
Although majority of the respondents did not provide information when asked regarding Barangay
reports, there were four (4) respondents who mentioned Record-keeping in the barangay matters become a
problem of some barangays. From the interviews of the respondents of this study, poor documentation in
some barangays was observed. One Barangay Chairman commented that it depends on the efficiency of the
Secretary for instance, submission of reports to Municipal Interior and Local Government (MILG). Based on
the results of the focused group discussions, the participants highlighted also the poor documentation with
regards to record-keeping in some barangays.
Lack of Funds
Although majority of the respondents did not say anything when asked about the issues of Katarungang
Pambarangay implementation, out of twenty nine (29) respondents, there were eight (8) participants who said
that the Katarungang Pambarangay implementation has a minimal budget from the municipality as an issue.
They added that based on the Local Government Code of 1991, the Local Government Unit will appropriate
funds for Katarungang Pambarangay implementation. Some Lupong Tagapamaya members said that funds for
Lupon operation expenses depend on the Barangay income. As shared during the Focused Group discussion,
majority of the Lupon members from upland barangays said honorarium for their services is not important as
long as their community is peaceful.

37
Table 12
Comparative Analysis of the Traditional-tribal and Barangay Justice Systems based
on the Responses of theTwo Groups of Respondents of the Study
Categories
1.History

2.Purpose

3. Composition

4.Roles and Functions

5.Types of Cases Handled

Traditional-tribal
-Based on Customary Laws and traditions
- Customary Laws are orally transmitted
- Reference to Bungkatol ha Bulawan(Golden Rule)
- Reference to Nangkatasa ha lana(cup of oil)
- Maintenance of social order
-Settlement of Conflicts
-To restore the good relationship of the people in the
community
-Tribal Datu/s
-Tribal Council
-Tribal Baes
-Alimaongs
-Babaylanon
-Tribal Datus are mediators, decision-makers,
negotiators, ritualists, advisers
Functions :
-Explains the Customary Laws
-Solemnize weddings
-Orients and monitors his sakop
-Ensures the unity and welfare of his people by
facilitating the restoration of strained relationships
-Acts immediately when there are problems in the
community
-Settles conflicts among his people
and mediates conflict outside his territories when his
sakop is involved
-Initiates mediation proceedings, offers suggestions
and makes decision regarding the case being heard
-Coordinates and negotiates with other Datus
regarding gahum and
offers his belongings for gahum
-Tribal Baes are assistants to the datu and advisers
of the Datu
Functions:
-Gives advices to the Datu
- Helps to relax the audience during
husay
-Assists the Datu & prepares the things /materials
to be used as gahum
-Alimaong secure the people and place during
husay
-Tribal Council members mediate cases especially
the major cases
-Babaylanon leads the ritual activities during
settlement of conflicts
- Adultery/Concubinage
-Separation of Couples/divorce
-Polygamy
-Rape
-talaban/elopement
Physical injuries
Theft
Murder
False Accusation/ Oral defamation
Dishonesty
Boundary dispute ex. hunting area

Barangay
- Katarungang Pambarangay Law (P.D. 1708) as basis
for implementation
-Based on the Local Government Code of 1991
-Cases in the barangay level is for amicable settlement
-Maintain peace and order among the residents (lumads
and dumagats)
-Solve conflicts in the community and patch up
differences
-Barangay Captain, Barangay officials
-Lupon members
-Municipal and Provincial officials, Police, Judge
-Tribal Datu
-Lawyers as consultants
-Barangay Captain and Lupon members are mediators,
arbiters, administrator
Functions:
-Settles conflicts
-Secretary acts as documentor during hearing
-Tanods as guards during hearing
-IP Representatives mediate cases involving the
Lumads

Theft
Murder
Oral defamation
Physical injuries
Land conflict(e.g. Boundary disputes)
Petty quarrels among neighbors
Possession of illegal drug(marijuana)
Domestic violence(spousal abuse)
Child abuse
Collection of debts
- Unjust vexation/ Damage to property

38

6. Means of Solving
Problems

7. Administration of Justice

Other comments

- Disagreement on contract
Barang-sorcery
- Separation of couples
Petty quarrels
Students violations in school
Misbehavior during celebration
Process
Process
- The complainant reports the incident to the barangay
Datu or datus will call both parties and
office for blotter/recording
settle the conflict in the presence of their
-The secretary prepares the summon as instructed by
families and relatives
the Barangay Chairman
Settlement starts with a Singampo or
-The Barangay Chairman invites the concerned parties
prayer
to the barangay Hall for queries
Gahum or peace offering will be
-The hearing starts with a prayer
prepared by the offenders and
-The concerned parties will decide for the Conciliation
complainants
members if not settled by the Barangay Chairman
Performs Tampuda - a contract of
-The Barangay Chairman
ending the conflict depending on the case
gives advices to the complainant and respondents
Datu will then give advices to the newly
reconciled members of the tribe
- Dumalongdong will be performed when there are
big problems occurring in locality ex. Peace and
Order, Land Conflict
- After the amicable settlement, the offender will pay the
-Salaon- a penalty for the offenders
damages if needed
-The offender will be asked to pay for the crime
committed or violations of the customary law Ex.
- Written agreement of both parties
Things like priced possessions, farm animals,
money
- The offender will be sent away by the tribal elders
and can no longer go back to the community
- The offenders will be sentenced to death if found
guilty
-Dumagats have more recorded cases than the Lumads.
-Immediate settlement of conflicts to avoid
Most lumads preferred the Tribal Justice than the
escalation-Husay dayon para di makatakod
Barangay Justice
In the Tribal, the payment of damages can be
-Less expenses in the barangay than the municipal
negotiated by the datus
courts
-No imprisonment for offenders
-Most cases will be settled by the Tribal datus and
will not be reported to the barangay because of
kinship
- the offender is not forced to pay the damages if the
has nothing to give
-the settlement process is not costly

Comparative Analysis
Table 12 presents the comparative analysis of the Traditional-tribal and Barangay Justice Systems
based on theresults of Key Interviews and Focused Group Discussions.
The Focused Group Discussions and Key Informant Interview results reveal that: On the history of the two
justice systems, both the Traditional-tribal and Barangay Justice Systems are guided by their respective laws
but differ primarily on the nature and implementation of laws, for instance, the Tribal Justice Sytem is based on
the Higaonons Customary Laws and Oral traditons while the Barangay Justice System is based on
Katarungang Pambarangay Law (Presidential Decree 1708) and the Local Government Code of 1991. There
are rules and regulations in for the implementation of the laws inorder to facilitate the compliance and achieve its
objectives particularly in accessing justice.
On the purpose of the two justice systems, both the Traditional-tribal and Barangay Justice Systems
have the same purpose which is the maintenance of social order and settlement of conflicts but differ in the
concept of amicable settlement.The difference in the administration of justice for Tribal Justice System is the
understanding concept of settlement. This means a complete repair of broken relationship among disputants
and the newly settled cases are not to be discussed in the community anymore. A penalty will be imposed to
the person who will resurrect the case. An immediate settlement is a priority in order not to contaminate others
of the unlawful acts.
On the other hand, in the Barangay Justice System, the case is settled when both parties arrive at the
compromise agreement and all damages are paid. In the Barangay Justice System, only the civil aspect of a
crime is settled and not the criminal aspect. For instance, a murder case, after payment of the civil aspect that

39
is damages, it is automatic for the victims not to pursue the criminal case. The aggrieved parties are no
longer interested after the out of court settlement.
On the composition of the two justice systems, both the Traditional-tribal and Barangay Justice
Systems have mediators with moral authority but differ in carrying out their roles and functions in justice
administration and governance. For instance, both the tribal Datu and Barangay Captain act as mediators,
negotiators, arbiters, advisers and administrators, but the terms of office in performing their functions differ.
The Barangay Chairman is elected by his constituents with a fixed term of office according to the Local
Government Code of 1991 while the Tribal datu is annointed by their Tribal elders based on his potentials as
leader.
On the types of cases handled in the two justice systems and its mediation procedures, both the
Traditional-tribal and Barangay Justice Systems settled criminal and civil cases but differ in the mediation
procedures and penalties. For instance, a murder case can be settled in the Traditional-tribal justice system.
After the tribal datus negotiated with the offended families, performed the rituals and provided a manggad,
the case is settled and the broken relationship of warring parties is restored. No more case to be reported to
the municipal court. No imprisonment for any crime in the Tribal Justice System. The Tribal datus will always
do everything to solve all criminal and civil cases using their tribal justice system. On the other hand, murder is
a criminal offense stipulated in the Revised Penal Code of the Philippines and cannot to be settled at the
barangay level unless the parties concerned prefer a compromise agreement to be done in the Barangay.
On the administration of justice in the two justice systems, both the Traditional-tribal and Barangay
Justice Systems
have corresponding penalties and punishments on the violations or crimes committed. All criminal and civil
cases are referred to appropriate courts when not settled at the Katarungang Pambarangay and a crime has a
corresponding penalty for offenders like payment of damages and imprisonment.
In terms of administration of justice, for the Tribal justice System, a sala or penalty will be imposed to
the offenders depending on crime committed. Violations of the customary laws are punishable and the
penalties would depend on the seriousness of the acts or offenses. The tribal Datu is oblidged to provide a
gahum to pay for the offended party when his sakop has nothing to give. If the demand of the aggrieved
party will not be given, most likely a magahat will happen. To avoid the escalation of conflicts, the Tribal datus
will help in the immediate settlement of any conflicts in their communities.
When resolution of conflicts becomes difficult especially involving the Lumads (Indigenous Peoples)
and Dumagats (Non-Lumads or Settlers), both justice systems are available as an alternative dispute
resolution. Thus, the interfacing of the two justice systems are practiced religiously by the mediators without
even realizing it. Despite the differences in the settlement procedures between Barangay Justice System and
Tribal Justice System, the two systems are similar in its purpose of maintaining social order and in the constant
need for skilled mediators with moral authority for conflict -resolution.
Based on the comparative analysis, the following hypotheses were formulated:
1. The reluctance of the Indigenous Peoples to use the Barangay Justice Sytem is culturally rooted. The
speedy dispensation of justice is more accessible in the informal justice system -Traditional-tribal
Justice System than the formal justice system. However, the kind of justice resulting from it may not
always be effective and result in justice;
2. There is a significant difference between the Traditional-tribal Justice System and Barangay Justice
System in terms of their organizational structure, mediation procedures and imposition of penalties.
Despite its differences, the BJS &TJS did more to help in decongesting a huge backlog of cases in
formal justice system by lines of communication, participation and influence in case dispensation; and
3. Tribal communities within an organized barangays have utilized and accepted the Katarungang
Pambarangay as an alternative system of settling disputes. The conflict resolution institutions and the
peace building processes will influence the success and failures in justice administration.

40

CHAPTER III
SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS
This Chapter presents the findings, conclusion and recommendations.
Summary of Findings
Barangays and Tribal communities
Impasugong is politically subdivided into thirteen (13) barangays namely: Poblacion, Capitan Bayong,
Impalutao, Kalabugao, Bulonay, Bontongon, Guihean, Sayawan, Hagpa, Kibenton, La Fortuna, Dumalaguing
and Cawayan. The Municipality of Impasug-ong had identified three (3) other barangays as urbanizing aside
from Poblacion namely, Capitan Bayong, Impalutao and Kalabugao. The municipality has a total land area of
107,167.00 hectares with 82.68 percent classified as timberlands and 17.32 percent alienable and disposable
lands. As of 2011 survey of CBMS (Community Based Management System) of Impasug-ong, the total
population is 44,299 and the majority live in Barangay Poblacion.
Based on the Revenues and Receipts for the year 2012, the actual collections of the municipality was
Php130,650,912.89. Out of that report, the Internal Revenue Allotment (IRA) was Php129,411,243.00. Thus,
the municipality is heavily dependent on IRA and that include the barangays in their operations. The major
means of livelihood of the residents is farming. Tribal communities
The Agtulawon-Mintapod territory has the following gaups or villages: Mintapod, Bontongon, Lubenta,
Kabagtukan, Mahagwa/Tingay-tingay, Lamingan, Hagpa, Pulahon, Lunson, Amusig, Naabat, Paculab and
Kiudto. Geographically, Mintapod belongs to the Municipality Malitbog, although politically, both Adtulawon and
Mintapod belong to the Municipality of Impasugong mainly because of the accessibility of this area to the
municipality.The Certificate of Ancestral Domain Title(CADT) No. 054 was awarded to AGHIMICU covering the
more or less 14,300 hectares on May 15. 2008 by the government. The total population of AGHIMICU gaups
as of 2006 is 3,019.
Based on the data gathered, majority are engaged in farming for subsistence, while some of them are
selling abaca hemp and (Hinabol) as cash sources of income. There are some Higaonons occasionally work
for the lowlanders like farm laborers, househelpers, rattan cutters,drivers etc.
The Traditional- tribal justice system of the Higaonons
The Higaonons of Agtulawon- Mintapod territory believed that their Customary Laws were created and
handed to their ancestors and likewise transmitted orally to the next generation of Higaonons. This Tribal
Justice System aimed to maintain the social order and settlements of conflicts in the community. Like any other
tribes in the Philippines, good relationships among the Higaonons is crucial in their gaups or communities. The
Tribal Council assisted the datu in the administration of justice. Majority of the cases were family disputes like
marriage squabbles, adultery or concubinage, polygamy, divorce, elopement and rape. There were also cases
like theft, murder, false accusation or oral defamation, physical injuries, drinking spree fights, land conflict and
petty quarrels.
The traditional process of settlement would include the knowledge of the cause of conflict, thus the datu
will do his own investigation inorder make fair decisions. The term Salaon or penalize means that the
offender prepares a gahum or priced possessions like farm animals and sometimes money for the offended
party. The offenders will be sentenced to death when found guilty of the crime committed and in some cases,
offenders will be driven away and they can no longer go back to the community as punishment for their
violations or crimes.
The Barangay Justice System
The promulgation on June 11,1978 of Presidential Decree No. 1508,otherwise known as Katarungang
Pambarangay Law, by Former President Ferdinand Marcos has institutionalized the Barangay Justice System
or Katarungang Pambarangay. In order to strengthen the local government and decentralize the power of the
national government, the Local Government Units (LGUs) are mandated to resolve the conflicts of their
constituents at the barangay level amicably without judicial recourse under the Local Government Code of
1991.
The objectives of the Katarungang Pambarangay are as follows: to promote speedy administration
of justice; to perpetuate the time-honored tradition of settling disputes amicably for the maintenance of peace
and harmony; to implement the constitutional mandate to preserve and develop Filipino culture; and relieve the

41
courts of docket congestion and thereby enhance the quality of justice dispensed by them. The salient
features of this Katarungang Pambarangay Law are to make the barangay settlement a pre-requisite to
bringing suit in the regular courts of justice and parties may not be represented by a lawyer or anyone else.
This makes the proceedings simple and inexpensive or access for justice is available to all.
In every barangay, the Lupong Tagapamayapa is organized by the Barangay Chairman. The
members of the Lupon and the Pangkat shall be deemed public officers and persons in authority based on the
Revised Penal Code.
The Barangay Captain exercises powers and performs duties relating to the constitution of the
Lupon; the constitution of the Pangkat ng Tagapagsundo; and mediation and arbitration of cases. The Lupon
Secretary shall have record-keeping functions of the mediation proceedings and transmittal to the proper city
or municipal court of the final report on every mediation proceedings. The Lupong Tagapamayapa is a body
which the members of the Pangkat Ng Tagapagsundo shall be chosen. All disputes not successfully settled by
the Barangay Chairman shall be settled by the Pangkat Ng Tagapagsundo through conciliation or arbitration.
The data gathered from the different barangays included in the study, it revealed that the most
handled cases by the thirteen Punong Barangays are Theft, Murder, Oral defamation (chismis),Physical
injuries, Land conflict(e.g. Boundary disputes),Petty quarrels among neighbours, Possession of illegal
drug(marijuana),Domestic violence(spousal abuse),Child abuse and Collection of debts.
The offender will pay the damages if needed and written agreement of both parties attested by the
mediators will be done. In case of refusal or willful failure to comply with summons, the Lupon Chairman could
apply with the city or municipal court for punishment of unruly party or witness as for indirect contempt of court.
Any settlement reached by both parties before the Lupong Tagapamayapa will be documented and executed.
Other Issues and Problems
a) Traditional-tribal Justice System
The monetary and material aspect, attitudes of people toward the justice system and inability of the justice
system to provide an effective dispensation of justice were the identified problems while the unwillingness to
forgive (walay gimgimukuda) was considered an issue in Traditional-justice system.
b) Barangay Justice System
The insufficient knowledge and training of Lupong Tagapamayapa members and poor Documentation were
highlighted by the participants as problems while the lack of funds for KP implementation was considered an
issue at hand.
Comparative Analysis
On the history of the two justice systems, both the Traditional-tribal and Barangay Justice Systems
are guided by their respective laws but differ primarily on the nature and implementaion of such laws.
On the purpose of the two justice systems, both the Traditional-tribal and Barangay Justice Systems
have the same purpose which is the maintenance of social order and settlement of conflicts but differ in the
concept of amicable settlement. The difference in the administration of justice for Tribal Justice System is the
understanding concept of settlement.
On the composition of the two justice system , both the Traditional-tribal and Barangay Justice
Systems have mediators with moral authority but differ in performing their roles and functions in justice
administration and governance
On the types of cases handled in the two justice systems and its mediation procedures,both the
Traditional-tribal and Barangay Justice Systems settled criminal and civil cases but differ in the mediation
procedures and penalties.
On the administration of justice in the two justice systems, both the Traditional-tribal and Barangay
Justice Systems have corresponding penalties and punishments on the violations or crime committed.
When resolution of conflicts becomes difficult especially involving the Lumads (Indigenous Peoples)
and Dumagats (Non-Lumads or Settlers) both justice systems are available as an alternative dispute resolution.
Thus, the interfacing of the two justice systems are practiced religiously by the mediators without even realizing
it.
Conclusion
The reluctance of the Indigenous Peoples to use the Barangay Justice Sytem is culturally rooted.
The speedy dispensation of justice is more accessible in the informal justice system Traditional-tribal
Justice System than the formal justice system. There is a significant difference between the Traditional-

42
Tribal Justice System (TJS) and
Barangay Justice System (BJS) in terms of their organizational
structure, mediation procedures and imposition of penalties.
Despite its differences, the BJS &TJS did more to help in decongesting a huge backlog of cases in
formal justice system by lines of communication, participation and influence in case dispensation.Tribal
communities within an organized barangays have utilized and accepted theKatarungang
Pambarangay
as an alternative system of settling disputes. The conflict resolution institutions and t
he peace building
processes will influence the success and failures in justice administration.
Recommendations
1. PARA-LEGAL TRAININGS AND MANAGEMENT LITERACY. To build the capacities of recognized
mediators and potential leaders in both traditional-tribal and barangay justice systems to enhance their
existing local knowledge.
2. QUANTITATIVE STUDY. To deepen this study by conducting a quantitative research.
3. RECOGNITION OF A HYBRID CONFLICT-RESOLUTION MECHANISM. To support the interfacing of the
Barangay and Traditional-tribal justice systems among the indigenous cultural communities.

REFERENCES
Books
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