Title:

“Understanding the legal

consequences of Customs and
Traditions of Buya and Duwoy”

NEKO DON S. LONGAQUIT

KARL D. MINGLANA
 ABSTRACT

The practice of Buya and Duwoy is a relevant part of our culture and history. This
practice however is currently in a clash with the adoption of modern way of life and laws.
The current trend in the IPs as revealed by this research is the abandonment of the
practice of Buya and Duwoy and the adoption of the modern way of life that is in line with
the mainstream and our national laws as the communities of IPs evolve to adapt with the
modern realities of life.

This research was conducted to determine the legal aspect of the practice of Buya
and Duwoy of the IPs.The researchers goal is to give a bird’s eye view of the legal issues
of this tradition and practice. Just recently, Congress enacted RA 11596 which effectively
puts an end to the practice of Buya and Duwoy when children are involved. This shows
the policy of the state to discourage arranged marriages especially when the parties to
the marriage are children. As some sectors of the Indigenous Peoples still practice Buya
and Duwoy, this research aims to determine why these sectors continue the practice and
what their motivations are.

The essence of this study is to ascertain the consequences of the practice of Buya
and Duwoy as well as the rights and the obligations of the persons involved in such
practice.
 TABLE OF CONTENTS

A. Introduction/Rationale

B. Significance and scope of the Study

C. Issues

D. Laws vis a vis the culture of IPs on Buya and Duwoy

E. Discussion

F. Recommendation

G. References
 INTRODUCTION/RATIONALE

This research is conducted as a requirement for the subject of Legal Research I in

Father Saturnino Urios University College of Law. This study aims to discuss the legal
consequences of the practice of Buya or Duwoy (arranged marriages) practiced by
Indigenous Peoples of Mindanao.

Last December 10, 2021, the then President Rodrigo Roa Duterte signed into law
Republic Act 11596 or the Act Prohibiting the Practice of Child Marriage and Imposing
Penalties for Violations Thereof. The said law is heralded as a victory for the health, safety
and human rights of children and aims to prevent and end the practice of child marriages.
This new law is set to a collision course with the practice of Buya or arranged marriages
as practiced by the indigenous peoples which generally involve marriages between
minors. This study will explore the effects of the said law as it seeks to destroy a centuries
if not millennia old tradition of Filipinos which may have contributed to the survival of
indigenous peoples up to the present.

In a Documentary made by the famous journalist Atom Aurallo titled “Here Comes
The Child Bride” an I Witness Documentary, showed that the practice of child marriage
is still prevalent among the indigenous peoples in Mindanao. In the said documentary,
children in the age of 12, 13 or 14 years of age are arranged into marriages as part of
tradition. Although the said documentary highlighted the practice of Buya and its
economic and social consequences, it failed to explore the legal aspect of arranged
marriages. This study aims to fill that gap.

But first, we ask, what is the practice of Buya and Duwoy? According to the Bae
Lucy, a well-known and respected tribal leader in Caraga well versed with the traditions
of Indigenous Peoples in Northern Mindanao, that the practice of Buya and Duwoy by
Indigenous Peoples are based on practical purposes mainly economic, security, religious
and even in the improvement of the lineage of the family. Parents arrange the marriage
of their children to improve intra-family relations with other families resulting in stronger
family ties.
 Parents also arrange the marriage of their children to well off families to secure the
future of their children. Further, physical characteristics and attitude of the child are also
considered in choosing the partners of their children. The rudimentary reasons for the
practice of such can stemmed from the need to address economic concerns and for their
survival.

Duwoy on the other hand, according to Bae Lucy, is practiced with the consent of
the wife. In Duwoy, the wife seeks an unmarried woman and asks the latter’s permission
to be a part of the family as the second wife of the husband. The purpose of Duwoy like
Buya is practicality, its main purpose is in order to produce more children in order to
acquire more hands in tilling the land to provide for the family. Another purpose is in order
for the family to acquire additional help in the division of family responsibilities.

Due to the adoption of modern practices, according to Bae Lucy, families belonging
to Indigenous peoples are slowly phasing out the practice of Buya and Duwoy however,
such practices are still prevalent in the hinterlands.

The practice and tradition of Buya as shown in the documentary “Run Away Child
Brides” by GMA Public Affairs, ironically seeks as its primary goal, the protection of
children in the concept of Indigenous Peoples. Parents belonging to the IPs arrange the
marriage of their children in order to insure a better future and in order to survive the
harsh reality of life in the hinterlands. Now we have a clash of concepts of protection and
promotion of the interest of children by the state and that of the Indigenous Peoples.

Duwoy, as previously described may have inconsistencies with our laws. The
Family Code expressly prohibits bigamous and polygamous marriages. Under Article 334
of the Revised Penal Code or RPC, Concubinage refers to the cohabitation of a married
man with a mistress in the same or conjugal dwelling or an involvement of a married man
with a woman who is not his wife in any other place. What is the effect if the wife herself
seeks the woman that will be added as the second wife of the husband? What are the
legal consequences of this kind of family arrangement? This is what this study seeks to
explore.
 This study will also tackle and discuss Republic Act 7610 or the AN ACT
PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION
AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION which made as it a
state policy to provide special protection to children from all firms of abuse, neglect,
cruelty exploitation and discrimination and other conditions, prejudicial their development.

Since our laws are inclusive, it warrants that these practices must be scrutinized
to safeguard the well-being specially of the indigenous peoples and to further understand
the complex dynamics of our society used to be shaped by the so-called practical
initiatives by tribesmen which is now shaped by laws of the land.
 SIGNIFICANCE OF THE STUDY

Like any other legal research, this research aims to achieve legal clarity as to the
consequences of the practice of Buya and Duwoy. The significance of this study lies with
the benefits it will provide to the following persons to wit:

1. Indigenous Peoples Practicing Buya and Duwoy. This is the primary sector that
will benefit from this study as these persons are the ones that practice Buya and
Duwoy. This study will help the Indigenous Peoples know the legal consequences
of the practice in both civil and criminal aspects.

The primary benefit the Indigenous Peoples will get from this study is the
avoidance of litigation and criminal liability. It is an open knowledge that IPs,
majority of them, are not well versed with the laws of the Philippines governing
marriages. Thus, this research will attempt to determine the legal consequences
of Buya and Duwoy.

This study will also help the IPs determine the validity of the arranged marriages
vis-a-vis the law of the Philippines on marriage.

2. Law learner studying family relations and criminal laws related to marriage.
This study will also help law learners who are studying the requirements of the
valid marriage as this study will explore the practice of Buya and Duwoy vis a vis
the Family code. This research will determine the validity of marriage in relation to
the Family Code and the requisites to a valid marriage will be explored in
connection with the practice of arranged marriages by the Indigenous Peoples of
Mindanao.

This study will also explore special laws protecting women and children as the
practice of Buya or arranged marriages generally involves minors. The study will
determine the liability of persons practicing Buya and Duwoy.
3. Researchers studying the practice of Buya and Duwoy. This study will also
help further research on the subject matter for academic purposes to further
understand the values, customs and traditions of the Indigenous Peoples and in
protecting these customs and traditions without compromising established state
laws.
 ISSUES

The researchers will work hard in determining the following issues:

1. Whether or not the marriages as a result of the tradition of Buya and Duwoy are
valid.
2. Whether or not those persons facilitating the practice of Buya and Duwoy are
criminally liable under our present criminal laws.

LAWS VIS-A-VIS THE CULTURE OF IPS ON BUYA AND DUWOY

The following are the laws relevant to the study of the practice of Buya and Duwoy by the
Indigenous peoples in Mindanao.

1. The Family Code

2. The Revised Penal Code

3. Special Penal laws.

4. IPRA Law
 DISCUSSION
A. Validity of Arranged Marriages “Buya” of Indigenous People.
The practice of Buya, according to Bae Lucy, a well known Indigenous Peoples
leader in Mindanao, is the practice of arranging generally by the parents of the marriage
of their children mostly in the teen age. In one of the interviews the researchers made
with the IPs married through the practice of Buya, one of the respondents answered that
she was forced to agree to enter into the marriage because the family of the boy who was
arranged to marry her threatened her with death if she refused the arranged marriage.
One respondent on the other hand who refused to agree with the arranged marriage was
forced to flee and was hunted by the family of the boy that was seeking to arrange the
marriage and was blinded in the left eye after having been shot by a family member of
the boy and that incident resulted into a “Rido” or clan war between her family and the
family of the boy seeking to arrange the marriage.

In arranged marriages, such as Buya, the children are arranged to be married at a

very young age. One of the respondents the researchers interviewed answered that she
was arranged to be married at the age of 16. In a documentary by I-witness titled “Here
Comes the Child Bride” children of Indigenous Peoples are married at the age of 14, 15
and 16 all are evidently minors at the time the marriage is entered into. In all these
situations, children are forced to leave their childhood behind and are forced to become
mothers, wives and to the reality of building a family at a very young age.

Under Executive Order No. 209 otherwise known as the Family Code of the
Philippines, Marriage is defined as a special contract of permanent union between man
and woman entered into in accordance with law for the establishment of conjugal and
family life. Under the constitution, Marriage is considered an inviolable institution as a
foundation of the family and is protected by the state. Thus, Marriage is not an ordinary
contract and its nature, consequences and incidents are governed by law and not subject
to stipulation subject only to a limited exception.

The following are the requisites of a valid marriage which are classified into two
which are the essential requisites and formal requisites. Essential requisites are the legal
capacity and consent while formal requisites are the authority of the solemnizing officer,
a valid marriage license and a marriage ceremony.

In the case of Loria vs Felix, G.R. No.G.R. No. L-9005 the Supreme Court said
that the essential requisites for marriage are the legal capacity of the contracting parties
and their consent", the latter being manifested by the declaration of "the parties" "in the
presence of the person solemnizing the marriage and of two witnesses of legal age that
they take each other as husband and wife". Absence of any of the essential and formal
requisites makes the marriage void and any irregularity with the formal requisites does
not affect the validity of the marriage but the party responsible for the irregularity shall be
civilly, criminally and administratively liable.

What then are the effects of the absence, defect or irregularity in the essential and
formal requisites of marriage vis-a-vis the practice of Buya? The researchers deemed it
necessary to discuss one by one in order to have a clear presentation of the facts found.

First is the Absence, defect or irregularity of legal capacity. The absence of

legal capacity in the contracting of marriage makes the marriage void. Legal capacity,
when it comes to marriage, basically has three aspects. These are the first, the minimum
age requirement of at least 18 years of age; second is the absence of any relational
impediments and the third that there is no subsistence of a prior marriage. Further the
law requires that the parties to a marriage must be a man and a woman.

In the practice of Buya by the Indigenous Peoples, marriages are generally

arranged when the parties are still minors, this means that in arranged marriages where
the parties are underaged are void even if the same is with consent of the parents. RA
11596 expressly declares that child marriage are void ab initio.

Second is the absence, defect or irregularity of consent freely given by the

parties. Consent in marriage is simply the personal declaration made by the parties
during the marriage ceremony that they are taking each other as husband and wife. There
must be a distinction between the instances where no consent was given by the parties;
consent is given by the parties but without the required parental consent and when the
consent is vitiated by fraud, force, intimidation or influence.
 When no consent was given by the parties, there is in fact no marriage. Hence, if
a party in an arranged marriage never made a personal declaration that he or she takes
the other party as her or his husband or wife despite the presence of a marriage
ceremony, it is as if there is no marriage that occurred because of the lack of consent by
the parties. Marriage after all is a special contract.

It is different when there is consent given by the parties but without parental
consent when the same is required. In this case, the marriage is voidable or valid until
annulled. This situation generally does not occur in arranged marriages or Buya since it
is the parents themselves who arrange the marriage on behalf of their children.

If consent is given but it was vitiated by fraud, force, intimidation or influence, the
marriage becomes voidable due to the defect in giving the consent. This situation
generally occurs in Buya or arranged marriages. One of the respondents asked by the
researchers said that some children in the IP communities are shocked to find out that
they are already married to a person they do not know. One respondent said that her
consent to enter into a marriage was never respected and she entered into marriage out
of fear from being hunted by the family of the other party and influence from her parents.
What then is the remedy of the other party whose consent was procured by means of
force, intimidation or undue influence? The aggrieved party may file an action for
annulment of the marriage within five years from the discovery or disappearance of the
ground (Fraud, intimidation, force or influence) and in this case, only the victim may file
the action.

The next requirement of a valid marriage is the authority of the solemnizing officer.
As a rule, absence of the authority of the solemnizing officer makes the marriage void
except the marriage is valid if either or both the parties to the marriage believed in good
faith that the solemnizing officer had the legal authority to solemnize the marriage. Under
Article 7 of the Family Code, marriage may be solemnized by the following persons to wit:

Art. 7. Marriage may be solemnized by:

(1) Any incumbent member of the judiciary within the court's jurisdiction;
 (2) Any priest, rabbi, imam, or minister of any church or religious sect duly
authorized by his church or religious sect and registered with the civil registrar
general, acting within the limits of the written authority granted by his church or
religious sect and provided that at least one of the contracting parties belongs to
the solemnizing officer's church or religious sect;

(3) Any ship captain or airplane chief only in the case mentioned in Article 31;

(4) Any military commander of a unit to which a chaplain is assigned, in the

absence of the latter, during a military operation, likewise only in the cases
mentioned in Article 32;

(5) Any consul-general, consul or vice-consul in the case provided in Article 10.
(56a)

Generally, those who officiate marriages in Buya are not authorized by law to
solemnize the marriage. In one of the answers of the respondents interviewed by the
researchers, the respondent said that her marriage was solemnized by the village elders.
Traditionally, the Datu or the Baylan has the authority to solemnize marriages under the
tradition and practices of Indigenous Peoples. These tribal elders, Datus and Baylans
may however be authorized to solemnize a marriage under the Family Code. Article 33
of the Family Code states that Marriages among Muslims or among members of the ethnic
cultural communities may be performed validly without the necessity of marriage license,
provided they are solemnized in accordance with their customs, rites or practices. Further,
RA 8371 or the Indigenous peoples Rights Act of 1997, Section 2 of the IPRA law made
it a state policy to recognize, respect and protect the rights of Indigenous Peoples to
preserve and develop their cultures, traditions and institutions and consider these rights
in the formulation of national laws and policies. Hence, the arranged marriages
solemnized by tribal elders who are authorized under the law to solemnize marriages are
valid marriages. Arranged marriages solemnized by tribal elders who failed to secure the
necessary registration from the Philippine Statistics Authority are void except when either
or both parties believe in good faith that the solemnizing officer is authorized under the
law.
 Marriage license, is another formal requisite of a valid marriage. Under Article 9 of
the Family Code, A marriage license shall be issued by the local civil registrar of the city
or municipality where either contracting party habitually resides, except in marriages
where no license is required in accordance with Chapter 2 of this Title. Chapter 2 of the
Family Code enumerates the exemptions to the requirement of a valid marriage license
article 33 of which provides:

Art. 33. Marriages among Muslims or among members of the ethnic cultural
communities may be performed validly without the necessity of marriage license,
provided they are solemnized in accordance with their customs, rites or practices.

Article 33 of the Family Code exempted from marriage license requirements

marriages among ethnic cultural communities. This includes arranged marriages such as
Buya. Thus, even if the arranged marriages by the Indigenous Peoples have no marriage
license, such marriage is still valid.

Lastly, the Marriage Ceremony requirement for a valid marriage under the Family
Code provides that the marriage ceremony which takes place with the appearance of the
contracting parties before the solemnizing officer and their personal declaration that they
take each other as husband and wife in the presence of not less than two witnesses of
legal age. Article 6 of the Family Code provides that no prescribed form or religious rite
for the solemnization of the marriage is required. It shall be necessary, however, for the
contracting parties to appear personally before the solemnizing officer and declare in the
presence of not less than two witnesses of legal age that they take each other as husband
and wife.

This declaration shall be contained in the marriage certificate which shall be signed
by the contracting parties and their witnesses and attested by the solemnizing officer. If
the arranged marriage ceremony by the IPs comply with the requirements under the law
for a valid marriage ceremony, then such is sufficient to make the marriage valid.
 In conclusion, the arranged marriage (Buya) which complies with the requirements
of law, meaning that the parties are of the right age, has given their consent freely and
the solemnizing officer has the authority to solemnize the marriage, the Buya or arranged
marriage is valid. Absent the requirements under the law, the Buya or arranged marriage
is void.
B. Validity of the Practice of Duwoy vis a vis the Philippine law.

Duwoy as previously discussed is an arrangement where a man will live with two
or more wives. The purpose of Duwoy is practicality. In Duwoy, the wife seeks an
unmarried woman and asks the latter’s permission to be a part of the family as the second
wife of the husband. The purpose of Duwoy is practical, its main purpose is in order to
produce more children in order to acquire more hands in tilling the land to provide for the
family. Another purpose is in order for the family to acquire additional help in the division
of family responsibilities.

Under the Family Code, Marriage is defined as a special contract of permanent

union between a man and a woman entered into in accordance with law for the
establishment of conjugal and family life. Marriage, therefore, is governed by law in all its
nature, consequences and incidence and the parties cannot stipulate on their own in the
aspects of the marriage relations.

Article 35 of the Family Code expressly declares a Bigamous and Polygamous

marriage as void. The crime of Bigamy is committed once a person contracts a second
marriage without first securing a judicial decree of nullity of his first marriage, even if the
latter is considered by law void ab initio. In the case of Capili vs People G.R. No. 183805,
the Supreme Court enumerated the elements of the crime of bigamy, which are:

(1) the offender has been legally married; (2) the marriage has not been legally
dissolved or, in case his or her spouse is absent, the absent spouse could not yet be
presumed dead according to the Civil Code; (3) that he contracts a second or subsequent
marriage; and (4) that the second or subsequent marriage has all the essential requisites
for validity.

Duwoy would therefore constitute Bigamy when the elements of Bigamy is present
and such marriage is void from the very beginning. Further, in the case of Fujiki vs NSO
G.R. No. 196049, the Supreme Court said that under Article 35(4) of the Family Code,
bigamous marriages are void from the beginning. Thus, the parties in a bigamous
marriage are neither the husband nor the wife under the law.
 Polygamous marriage on the other hand is a situation where a man is married to
two or more women at the same time. Duwoy would therefore be considered as a form of
a polygamous marriage and by express declaration of the Family Code, such marriage is
void. At present, only Muslims governed by Sharia law are allowed to have a polygamous
marriage in the Philippines.

In conclusion, the practice of Duwoy is not recognized under the law and could
either be bigamous or polygamous which, according to the Family Code, is Void.
 C. Possible Criminal Liability of Persons Practicing Buya and Duwoy.

I.RA 7610 or "Special Protection of Children Against Abuse, Exploitation and

Discrimination Act."

Section 2 of RA 7610 made it a state policy to provide special protection to children

from all forms of abuse, neglect, cruelty exploitation and discrimination and other
conditions, prejudicial their development. “Children'' refers to persons below eighteen (18)
years of age or those over but are unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition. Section 10(a) provides that any person who shall
commit any other acts of child abuse, cruelty or exploitation or to be responsible for other
conditions prejudicial to the child's development including those covered by Article 59 of
Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code,
as amended, shall suffer the penalty of prision mayor in its minimum period. Majority of
the parties arranged to be wed under the tradition of Buya are minors.

In an article published by the Office of the High Commissioner for Human Rights
under the United Nations. Child and forced marriage is considered a human rights
violation and a harmful practice that disproportionately affects women and girls globally,
preventing them from living their lives free from all forms of violence. Child marriages
threaten the lives and futures of girls and women around the world, robbing them of their
agency to make decisions about their lives, disrupting their education, making them more
vulnerable to violence, discrimination and abuse, and preventing their full participation in
economic, political and social spheres. Child marriage is also often accompanied by early
and frequent pregnancy and childbirth, resulting in higher than average maternal
morbidity and mortality rates. CFM may lead to women and girls attempting to flee their
communities or commit suicide to avoid or escape the marriage.

Indeed, in forced and arranged marriages when a child is involved may be

punishable under RA 7610 as this practice may constitute an abuse, exploitation and
discrimination of a child when a child is subjected to threats, intimidation or force to
compel the child to enter into a marriage.
II . R.A. NO. 11596, AN ACT PROHIBITING THE PRACTICE OF CHILD MARRIAGE

RA 11596 signed into law last December 2021, made it a state policy to abolish
all traditional and cultural practices and structures that perpetuate discrimination, abuse
and exploitation of children such as the practice of child marriage. The law defined Child
marriage as any marriage entered into where one or both parties are children as defined
in the paragraph above, and solemnized in civil or church proceedings, or in any
recognized traditional, cultural or customary manner. It shall include an informal union or
cohabitation outside of wedlock between an adult and a child, or between children

Section 4(a) of RA 11596 made punishable the facilitation of Child Marriage which
is committed when any person who causes, fixes, facilitates, or arranges a child marriage.
This effectively makes the practice of Buya by the Indigenous Peoples of Mindanao when
the parties to the arranged marriage are children a crime.

Sectio 4(b) of RA 11596 makes the act of solemnization of child marriage when
any person who performs or officiates a child marriage to suffer the penalty of prision
mayor in its maximum period and a fine of not less than Fifty thousand pesos
(P50,000.00): Provided, however, That if the perpetrator is a public officer, he or she shall
be dismissed from the service and may be perpetually disqualified from holding office, at
the discretion of the courts. The words “any person” means that any person, whether
authorized by law or not, who solemnizes a child marriage punishable. This will make the
tribal elders, Datu’s, Baylans who solemnizes a child marriage in accordance with the
practice of Buya be criminally liable.

RA 11596 would directly affect the practice of Buya by the IPs and perhaps, would
put an end to this practice of arranged marriages. Section 11 of the same law orders that
within one (1) year from its effectivity, the National Commision on Muslim Filipinos and
National Commision on Indigenous People to extensively undertake measures and
programs in their respective jurisdictions to assure full compliance with the law. During
the transition period of one (1) year, the applications of Section 4(a) and (b), and Section
5 of this Act to Muslim Filipinos and indigenous cultural communities/indigenous peoples
shall be suspended.
III. Bigamy under the Revised Penal Code.

In the case of Capili vs People G.R. No. 183805, July 3, 2013 The court
discussed Bigamy as a crime punished under article 349 of the Revised Penal Code
which defines and penalizes the crime of bigamy as follows:

Art. 349. Bigamy. – The penalty of prision mayor shall be imposed upon any person who
shall contract a second or subsequent marriage before the former marriage has been
legally dissolved, or before the absent spouse has been declared presumptively dead by
means of a judgment rendered in the proper proceedings.

The elements of the crime of bigamy, therefore, are: (1) the offender has been legally
married; (2) the marriage has not been legally dissolved or, in case his or her spouse is
absent, the absent spouse could not yet be presumed dead according to the Civil Code;
(3) that he contracts a second or subsequent marriage; and (4) that the second or
subsequent marriage has all the essential requisites for validity.

As previously discussed, in the practice and tradition of Duwoy, the wife seeks an
unmarried woman and asks the latter’s permission to be a part of the family as the second
wife of the husband. Thus, the practice of Duwoy becomes Bigamous if the elements of
Bigamy are present.

In the arrangement of Duwoy, it is the husband who gets a second wife with the
consent of the wife. When the husband is legally married with the first wife and the
marriage has not been legally dissolved then the first and second element of Bigamy are
present. If the husband contracts a second marriage during the subsistence of the first
marriage, then the third element of Bigamy is present.

Lastly, if the second marriage has all the essential requisites of validity except the
subsistence of the first marriage, then the fourth element would be present. If all the
elements of Bigamy are present, the husband may be prosecuted for the crime of Bigamy.
IV. Concubinage under the Revised Penal Code.

In the case of Ocampo vs People, G.R. No. G.R. No. L-47756, The Supreme
Court explained that under the provisions of article 334 of the Revised Penal Code,
concubinage may be committed in either of the following ways:(1) by keeping a mistress
in the conjugal dwelling; (2) by having sexual intercourse, under scandalous
circumstances, with a woman who is not his wife; and (3) by cohabiting with such woman
in any other place. In the case of People vs Santos et al., C.A., 45 O.G, 2116 the court
stated that in the crime of concubinage, The offender is a married man who commits the
acts enumerated under article 334 of the RPC.

In the first kind of committing concubinage, the married man keeps a mistress in
the conjugal dwelling. It is necessary that the married man takes the other woman into
the conjugal dwelling as a concubine and the conjugal dwelling is meant the home of the
husband and wife.In the practice of Duwoy, the husband with the consent of the wife takes
another woman into the conjugal home as the second wife. Thus, The husband may be
held liable for the crime of concubinage by keeping the second wife as a mistress in the
conjugal home.

It should be remembered however that under Article 344 of the RPC, the law says
that the crime of Concubinage shall not be prosecuted except upon a complaint filed by
the offended spouse. Otherwise stated, the crime of Concubinage shall only be
prosecuted upon a complaint signed by the offended spouse and in the practice of Duwoy
where it is the wife herself who finds another woman and seek her consent to be the
second wife of the husband, it would be unlikely that the wife would file a complaint since
the purpose of getting a second wife is in order for the family to have more children and
acquire extra hands in handling the affairs of the family.
 RECOMMENDATIONS

In conclusion, the practice of Buya and Duwoy may have served the Indigenous
Peoples in the past. The need to secure the future of the children and the need to have a
second wife to bear more children may have helped the Indigenous Peoples survive and
thrive in a time when the stability of the family is necessary for survival but such practical
solutions belong to a different era. Ancient times require ancient solutions and modern
times require modern solutions. Buya and Duwoy are great solutions to an ancient
problem but time and perspectives have changed. At present, individual freedom, human
rights and protection of the children are the mainstream and thus Buya is seen as
impractical and sometimes immoral.

Families of Indigenous Peoples in the past, in order to survive, required more

hands to farm the land and protect the family where the IPs inhabit a wide tract of lands
and thus the practice of Duwoy is a practical solution to solve a manpower problem. At
present, society has evolved to rely on the state for protection and modern technology
requires less and less manpower where arable land is scarce with the ever growing
population and dwindling natural resources. The practice of Duwoy would thus be
impractical in modern times.

The researchers thus recommend that the practice of Duwoy and Buya be
abandoned by the IPs. The respondents interviewed by the researchers when asked if
they would practice Buya with their children answered in the negative. These are the
same people who were married through Buya. According to them, they felt disrespected
and discriminated against. In an interview of a Datu in a documentary, “Here comes the
child bride” by I witness, the Datu said that a lot of problems really do arise when
children are married at an early age. Children are exposed to the harsh reality of
maintaining a family and raising children of their own.

The government agencies such as the NCIP and NCMP must work hard in order
to explain to the IP’s and Muslim tribes of Mindanao the benefits of respecting the rights
of their children in choosing their lifetime partners.
 REFERENCES

1. Face to face interview with Bae Lucy

2. Questionnaires handed to members of Indigenous Peoples whose marriages are
arranged by their parents
3. The Revised Penal Code
4. The Family Code
5. Republic Act 7610
6. Republic Act 8371 IPRA law
7. Republic Act 11596
8. “Here Comes The Child Bride” an I Witness Documentary,
9. “Run Away Child Brides” by GMA Public Affairs,
10. Loria vs Felix, G.R. No.G.R. No. L-9005
11. Capili vs People G.R. No. 183805,
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