Table of Contents

Foreword
Preamble
Article I: (Bugis) Territory of the Bodong
Article II: Declaration of Policies
Article III: Bodong Holder
Article I: Binodngan
Article : !ights of the Binodngan
Article I: "#ecific $rimes and Their Penalties
Article II: $rimes committed in the %iolation of the Bugis
Article III: $rimes against &omanhood
Article I': $rimes against Pro#erty
Article ': $riminal (egligence
Article 'I: )ther $rimes
Article 'II: $i%il )bligations under the Bodong
Article 'III: Final Pro%isions
Article 'I: *eneral Pro%isions
Article ': Amendments
Article 'I: +ffecti%ity
$odification $ommittee

FOREWORD

+,ce#t for those which ha%e been #reser%ed in stone tablets li-e the $ode of Hamurabi (about . B/$/)0
1ing of Babylon0 the Abrahamic boo-s and other Ante2Delu%ian boo-s of history which were all in cuneiform
writing0 all #rimiti%e laws of man-ind ha%e been handed down to the generations lex non scripta (unwritten laws)/
+%en after the in%ention of the #rinting #ress0 many laws of states were unwritten0 the most notable of which is the
+nglish $onstitution of *reat Britain0 although there are other British laws which ha%e been written/

$loser to us here in the Phili##ines are #rimiti%e laws0 which0 too0 ha%e been written/ Although some were
written li-e the $ode of 1alantiaw0 it is -nown that this law is written in brief0 commandment form/ "tudies
li-ewise show that in the Phili##ines0 the 1alinga Pagta is one of the #rimiti%e laws #reser%ed and #racticed for
1alinga Pagta is the only #rimiti%e constitution which has been #reser%ed since time immemorial0 ali%e and
#racticed by the ethnic 1alinga themsel%es/

For years0 since the 1alinga Bodong (#eace #act) system came into e,istence as a rule of law by ancient
indigenous 1alingas0 the Pagta was the code that go%erned their li%es/ It is not yet -nown whether or not the
#rimiti%e 1alingas had their own form of writing/ But #resent day studies on their culture does not seem to show
any trace of writing form #reser%ed0 e%en in stone tables as in the Abrahamic and Babylonian ear of history

The 1alinga Pagta (or literally translate0 3aw of the Bodong) of the 1alingas has been among human laws in
this world which had remained lex non scripta since time immemorial/ Historians during the "#anish #eriod0
a##arently0 had no encounter with the 1alinga Pagta because in those a%ailable writing on Fili#ino cultural heritage0
no mention has been made on the indigenous laws of the 1alingas/ It was only before the outbrea- of &orld &ar II
that American sociologist had made studies on the 1alingas/ !ot F/ Barton had recorded in his boo- on the 1alingas
the bodong #ractice and had also touched on the Pagta of the Bodong/

Although many writers had attem#ted to write about the 1alinga Bodong institution0 efforts to codify the
bodong laws was only started in 4567 during the administration of *o%ernor !olando T/ Pu8on/ The last #ro%incial
go%ernor of the Pre29artial 3aw era called for a tribal con%ention to tac-le0 among other things0 the standardi8ation
and writing of the 1alinga Pagta/ The #lan was aborted wit:h the sudden re#lacement by President 9arcosw of
*o%ernor Pu8on with *o%ernor Tanding B/ )diem ta-ing o%er the go%ernorshi#/

The #lan was #ursued by *o%ernor Amado T/ Alma8an when he too- o%er the go%ernorshi# from )diem
in 45;4/ Alma8an first con%ened tribal leaders for consultation at the Tabu- (ational High "chool/ 3ater in 45;.0 the
first serious attem#t at writing the 1alinga Pagta was made during the 1alinga Bodonfg $onference at the BIBA1
(ational Agricultural "chool com#ound/ A draft of the Pagta #roduces by the <Pagta $ommittee= headed by Board
9ember $astro B/ 3ammawin was the <wor- #a#er= of the conference during which it was discussed in o#en
debates by #rominent 1alinga tribal leaders (#eace #act holders) and #rofessionals/ A style committee was also
formed to #ut the Pagta in its codified form/ Among the #rofessionals who were in that style committee were $ourt
of First Instance >udge Honorio "al%atiera and former 9unici#al >udge Pablo 9/ *u#a2al0 Board 9ember $astro B/
3ammawin0 former De#uty *o%ernor >ose $haclag0 among others/

Although the <wor-ing draft= of the Pagta was <a##ro%ed in #rinci#le= by the $on%ention0 wor- on the
codification was ham#ered by #rolonged debates on other #ro%isions0 notable of which was the #ro%ision of <instant
retaliation=/ The 1alinga Bodong Federation headed by +,*o%ernor Tanding B/ )diem tried to end all debates on
the issue until the +D"A !e%olution tem#orarily shel%ed the issues and con%entions held for the #ur#ose/

The administration of *o%ernor 3aurence B/ &acnang ga%e the Pagta issue a chance to be brought to the
mainstream of the Pro%incial *o%ernment agenda on cultural #olicies/ Board 9ember >ohn B/ Dongui2is0 a former
college instructor on history0 s#earheaded the mo%e to resuscitate the #ro?ect on the codification of the 1alinga
Pagta/ )n *o%ernor &acnang@s instruction0 Board 9ember Dongui2is headed a $ommittee which #re#ared the
#rogram for the con%ening of a <1alinga Bodong $ongress=/ The congress would gi%e em#hasis to the codification
of the Prototy#e Pagta/

)n December 450 45;;0 the Honorable 3aurence B/ &acnang mandated Board 9embers >ohn B/ Dongui2
is0 Da%id Banson0 *a%ino 9osing0 and +l#idio B/ Tubban0 to call for a #re#aratory conference towards the conduct
of a Bodong $ongress/ Among others0 to #re#are and formali8ed the #lans and #rograms of the forthcoming 45;5
1alinga Bodong $ongress/

)n A#ril 45;50 the first Bodong $ongress called by *o%ernor 3aurence B/ &acnang was held at the BIBA1
(ational Agricultural "chool $onference Hall with 1alinga tribal eldersAleaders and bodong holders in attendance/
In that congress0 the 1alinga Bodong $ouncil was formed/ Alongside with the $ouncil was the organi8ation of the
1alinga Bodong $ongress0 Inc/

The Prototy#e Pagta as an out#ut of the Firsat Bodong $ongress and amended on the "econd Bodong
$ongress was com#iled and #ut into style by Atty/ Basilio A/ &andag as the "ecretary *eneral assisted by Atty/
Arthur */ 1ub2ao as Assistant "ecretary *eneral/

The "econd and Third Bodong $ongress were held in 4554 and 455B0 res#ecti%ely with further modifications
of the Prototy#e Pagta/ It was further amended as a result of the Third 1alinga Bodong $ongress in 455B0 which was
the basis for the $ommittee on $odification on the codified 1alinga Pagta/
In 455:0 a $ommittee was formed to $odify the Pagta with the Hon/ >ohn B/ Dongui2is as the )%er2all
$oordinator0 >udge ictor A/ Dalanao as $hairman of the $ommittee0 with the following members namely0 >udge
>ose#hine B/ *ayagay0 as ice $hairman and "ecretary0 Arthur */ 1ub2ao0 Alfredo A/ Tombali0 Pablo D/ *abit0
Placido T/ Alsiyang0 >r/ and *eronimo Donaal as researchers0 Augustus C/ "aboy as technical staffs/

The codification started in 4556 and was finished and #resented during the Fourth Bodong $ongress held
on "e#tember 4424B0 455; at the BIBA12(A" conference hall/ The said codified Pagta was unanimously a##ro%ed/

It should be e,#lained that new #ro%isions were inserted on the Pagta0 These new #ro%isions were based
on actual decisions of elders in %arious conflict resolutions0 and also on new de%elo#ments to -ee# the Pagta attuned
and res#onsi%e to new situations/

9eantime0 the $odification $ommittee was again tas-ed to annotate the $odified Pagta com#osed of the
1alinga 3awyers and Professional 3eaders/ Their wor- started right after the fourth 1alinga Bodong $ongress and
was finished last December B40 4555/ This is now the fruit of their labor/

It is ho#ed that with this annotation of the Pagta0 the #eo#le will come to a##reciate the merits of the
Bodong/

2 The Pagta $odification $ommittee 2
DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
DDDDDDDDDDDDDDDDDDDD

PREAMBLE

&e the 1alinga #eo#le of the $ordillera0 Phili##ines0 in%o-ing the guidance of almighty 1abunyan0
e,ercising our inalienable rights to #reser%e0 #romote and maintain the bodong system of go%ernance which our
#eo#le ha%e #racticed since time immemorial0 to guarantee and ensure to each and e%ery -alinga the #rotection of
life0 liberty0 #ro#erty0 freedom0 eEuality0 ?ustice0 #eace and the de%elo#ment and sustainability of our #atrimony0 for
our general well being and that of our #osterity do hereby ado#t this #agta of the bodong/

Purpose and effect of the preamble:

The #reamble is strictly not a #art of this pagta. It sets down the origin0 sco#e and
#ur#ose of the pagta0 the mood0 the as#irations of the #eo#le0 hence it is useful as an aid in
ascertaining the meanings of the ambiguous #ro%isions/

The #reamble bears witness to the as#iration of the binodngan to #reser%e0 #romote and
maintain the indigenous system of go%ernance0 guarantees the #rotection of life0 #ro#erty0
freedom0 eEuality and ?ustice and #eace and sustainable de%elo#ment in one harmonious society
under the guidance of Kabunyan/

The inclusion of sustainable de%elo#ment is to address the issue of conser%ation in the
e,#loitation of our rich natural resources <for our own benefit and that of our #osterity////=

A!TI$3+ I: BC*I" (Territory of the Bodong)

"ection 4: The bugis of the bodong is the territorial ?urisdiction of an ili as defined in their
res#ecti%e #agta which include all lands and natural resources owned0 occu#ied and #ossessed
since time immemorial by the members of the sub tribe0 by themsel%es or through their
ancestors0 communally or indi%idually in accordance with their customs and traditions/ It
encom#asses ancestral lands0 #ri%ate #ro#erties0 forests0 #asturelands0 agricultural lands0
residential lands0 hunting grounds0 burial grounds0 bodies of water0 mineral de#osits including
the airs#ace and the subterranean resources

"ection 4 contains the definition of Bugis/ The definition is %ery encom#assing/ It is also -nown as kais or piglis.
This Pagta affirms the e,isting territorial boundaries of each ili as defined by the umili and recogni8ed by other sub
tribes/
It is %ery im#ortant to -now the boundary or e,tent of a territory on which this #agta finds a##lication0
es#ecially so in resolution of conflicts between sub tribes/ The determination of which #eace #act (Bodong) is
affected when a crime has been committed within a certain bugis is %ery necessary in conflict resolution/
As defined0 the bugis has a hori8ontal reach consisting of land and watersF a %ertical reach (u#ward) consisting
of the air s#ace and downward consisting of subteranean resources/
3and is life to binodngan of any subtribe0 so that where another subtribe or any one for that matter usur#s their
#ossession and ownershi# o%er a #ortion or #art of their bugis (territory)0 the binodngan is ready to lay down his life
for it/ Its im#ortance cannot be o%er em#hasi8ed/
All sub tribes ha%e delineated their res#ecti%e territories0 which they term bugis or #iglis0 and this is res#ected
by other sub tribesF otherwise0 there shall be lots of conflict arising out of boundaries/

Bugis has been and is a source of conflict between subtribes

+,am#le:

The #eo#le of Dacalan considered as included in their bugis and as their hunting ground
the mountain ranges called 3ubu2ung/ The #eo#le of Basao tried to lay claims o%er the said land
but the #eo#le of Dacalan would not allow/ Tribal war ensued between the two subtribes
because of that boundary dis#utes/

Banagao0 which is an area between 9angali and 3ubo is another irritant between the two
subtribes/ The #eo#le of 3ubu claimed is as #art of their bugis0 e%en as the #eo#le of 9angali
laid claims on it/

As regards fishing rights0 the #eo#le of Tinglayan and Bangad had a running dis#ute o%er a
#ortion of the $hico !i%er/


"ection .: The domicile and real #ro#erties of a binodngan located outside any bugis shall
be deemed included within the bugis of said binodngan under the #rinci#le of kulligong.

"ection . contains the #rinci#le of -ulligong/
This #ro%ision sim#ly means that the residence and real #ro#erties of a binodngan located outside the bugis of
his own ili is deemed a #art of the territory of the bugis of the owner or the sub tribe/ 3iterally0 it means to GencircleG
the residential house and lands of a binodngan and ma-e it in the eyes of the #agta as an integral #art of the bugis/
This fact must be e,#licitly informed and acce#ted by the other bodong/

The Princi#le of the -ulligong is a-in to the #rinci#le of international law
The conce#t of -ulligong is a-in to the #ro%ision of international law0 which considers as the territory of each
country the #lace where their res#ecti%e embassies are established0 i/e/ the com#und of the C" embassy is owned by
the C" go%ernment/ Any crime committed within the area of the -ulligong is a crime against the bugis of the owner
of the house or realty/

"ection B: &hen the bodong between two sub tribes is se%ered0 all #laces outside the bugis
shall be deemed the Matagoan area/

9atagoan area
The old #agta of the bodong states: Any #lace outside any bugis is called G#u#ulliganG2 -illing field or no2mans
land/ This is so by e,#ressed unwritten #agta for there is no bodong to enforce the bodong in the area/
"ome areas of Tabu-0 i/e/ Dagu#an0 A##as0 9agsaysay0 "an >uan and Bulanao0 to mention a few0 are areas not
#rotected by any bodong/ It is not co%ered by any bugis/
This made it easier for binodngan to ta-e re%enge here in Tabu-2 with im#unity2 thus disturbing the #eace and
order situation of this #rogressi%e town2 as the educational0 economic and #olitical center of 1alinga Pro%ince/
To remedy this sad turn of e%ents0 the leaders and bodong holders declared Tabu- as a G9atagoanG (Hone of
3ife) area during the bodong congress in 45;5 under bodong congress Action (o/ 4.2;5/ The third bodong congress
in 455B em#hasi8ed this and finally this #ro%ission was #laced under "ec/ B0 Art/ I of this #agta/
There are some a##arent misunderstanding of the G9atagoan $once#tG/ "ome construe this #ro%ision to mean
that crimes will not be commited here in Tabu- and other matagoan areas/ Far from it0 this #ro%ision does not a##ly
when the bodong is still subsisting and effecti%eF for the e,isting bodong will a##ly Gaabbaon ta din bodongG
(literally2 each is carrying the bodong (#eace #act) on his bac-)0 where%er a binodngan li%es/
The declaration of Tabu- and other #laces i/e/ schools0 boarding houses and #laces of wor- of binodngan as
matagoan area0 only comes into effect when the e,isting bodong is se%ered/ There is no more bodong to #rotect the
binodngan/ There is fear0 there is imminent danger of re%enge u#on students0 wor-ers and innocent children/ To
#re%ent this from ha##ening0 Tabu- and other areas outside the bugis is now declared as matagoan area/


A!TI$3+ II : D+$3A!ATI)( )F P!I($IP3+" A(D P)3I$I+" )F TH+ B)D)(*

"ection 4: The bodong recogni8es the rule of law
The bodong is a social institution recogni8ed by the $onstitution0 3ocal *o%ernment code and IP!A 3aw/ In
the bodong is the #agta0 which is the go%erning law/ The bodong recogni8es the rule of law0 meaning0 that the
national laws #re%ail o%er the #ro%isions of the #agta/

The Bodong recogni8es the su#remacy of the national $riminal >ustice "ystem/
During the American time u# the late IJKs0 the has always been im#lemented des#ite the bodong/ The offenders
were #lace behind bars while the bodong system too- care of the customary laws/
For instance0 in 45B50 the #eo#le of 3ubo and Tulgao had fought it out face to face at Battit0 Tinglayan (ban- of
the chico ri%er)/ The Police got all these #eo#le in%ol%ed in the fight both from Tulgao and 3ubo and they were
sentenced by the court/ They ser%ed their #rison terms in the (ational #enitentiary/ &hen war bro-e out0 all of them
left for 1alinga and they only #arted ways in Tinglayan li-e brothers/
&hen the Bodong is restored0 the two subtribes ga%e only the #a-anAgusgus and other customary reEuirements
for the restoration of the bodong to the relati%es of the %ictims from both sides/ There were no indemnities #aid for
the deaths and in?uries sustained during the fights because the bodong was already se%ered/

$onflict resolutions under the bodong system is based on the following #rinci#les
4/ It is #urely mediation0 conciliation andAor arbitration as the case maybeF
./ There is no G?udgeG who is tas-ed to decide and resol%e issues submitted to himF (o #olice to enforce it/
B/ GDecisionsG are based on well2meaning suggestions of the leaders and eldersF
7/ GDecisionsG are based on what is reasonable under the circumstancesF
:/ It is #urely a #rocess of concessions from each #arty in%ol%ed so that any decisions arri%ed at is the
decission of the #arties themsel%esF
I/ The GdecisionG is immediately e,ecutoryF
6/ The #rocedure are sim#leF
&hat ha##ens if the #arties to a case who are binodngan cannot settle the case within the #arameters of the bodongL
The #arties are free to go to court

cases:
In one case0 a student from $alagdao0 Tabu-0 1alinga was -illed by his co2student at D+9PH"/ $onciliatIions
were conducted under the aus#ices of the bodong but the offended #arties refused to submit to the ?urisdiction of the
bodong/ It was decided that the case be brought to court The accused #leaded guilty and #laced on #robation/
Because they could not collect the ci%il indemnities awarded by the court0 the offended #arty came again to the
bodong for the award of customary danages/
It was decided that in as much as the case was decided by the court0 they were #recluded from claiming under
the bodong/ Howe%er0 the assailant ga%e #agi-na to the offended bodong holder/

"u##ose a case has been filed in court firstL
&hen a case has been filed in court and the bodong comes in and the case was settled by the bodong0 the case
filed in court is usually dismissed on the ground of insufficiency of e%idence based on the affida%it of desistance/

In our e,am#le abo%e0 when the case has been setled by the bodong but the #rosecution has #resented all their
e%idences in court0 the criminal as#ect may go on and the setlement will be as regards the ci%il as#ect only/ This was
what ha##ened in the Beda Addawe case/ The accused was sentenced by the court but their is a #ending #etition for
new trial/

&hen a case was filed in court0 the offender must still #ay the customary damages

cases:
$ol/ 9anuel Banggawan was -illed in Baguio city by a man from #oswoy/ The wife of the %ictim did not want
the case settled under the bodong/ The case was instead filed in court/
Howe%er in as much as there are remedies under the bodong system0 which are not a%ailable in the court0 the
bodong still came in/ The Banao sub tribe claimed . carabaos as #a#od0 one carabao each to the bodong holders0
gusgus was #aid by the Poswoy sub tribe/ Csu- was #aid to the relati%es of $ol/ Banggawan from the *uinaang sub
tribe/ These customary damages were gi%en in order to maintain #eace and harmonios relationshi# between the two
sub tribes/

"ection .: The bodong #romotes #eace and order0 guarantees the welfare0 safety and
interest of the binodngan and the non2binodngan where a##licable/
&hat is noteworthy is that e%en non2binodngan are guaranteed the #rotection and benefits of the bodong
Gwhere a##licableG/
The bodong is a social institution where the members ha%e rights0 obligations and social concern/ 9uch of the
social benefits and #rotection of the bodong are e,tended to non2binodngan such that they will not go hungry in
binodngan areas0 thus they are #rotected by it/
But when it comes to conflict resolution between a binodngan and a non2binodngan0 the #ro%isions of this
#agta is not a##licable for the reason that the latter is not a member of the bodong/ Howe%er0 they are not e,#ected
to be bound by it0 much less com#elled to com#ly with the #agta0 e,ce#t where they %oluntarily submit themsel%es
to its ?urisdiction/

cases:
A minister of the Iglesia ni $risto was -illed in 3ubuagan by someone who was not allegedly in his right mind/
(o case was filed in court/ Howe%er0 the #arents of the assailant were not at #eace within themsel%es without
ha%ing the case be settled and ?ustice under the bodong system done/ &hat they did was to %oluntarily sit down with
the I($ and the case was settled to the satisfaction of both #arties a##lying the #agta of the bodong/

There are other benefits deri%ed from the bodong/ A case in #oint is the transfer of sic- #eo#le or the cada%er of
the dead to the residence of the sic- or dead #erson/

To illustrate0 in 45;.0 a certain Ama8ona belonging to the "aclit tribe of 9t/ Pro%ince was -illed in an
encounter with the P(PA9ilitary in Taloctoc/ The bodong of Taloctoc caused the cada%er to be brought to 9angali0
the #eo#le of 9angali brought it to 3ubo0 the #eo#le of 3ubo brought it to *a2ang0 the #eo#le of *a2ang brought the
cada%er to Dacalan0 and from Dacalan it was brought to Betwagan0 9t/ Pro%ince0 until the cada%er finally reached
"aclit/
&ithout the bodong0 the transfer of the cada%er to "aclit0 9t/ Pro%ince0 would ha%e been a sheer im#ossibility0
considering that it has to be carried along mountain ranges/

"ection B: The bodong recogni8es the indis#ensable role of the women and the youth in the
attainment of #eace0 security and de%elo#ment To hasten their leadershi# #otentials0 they are
encouraged to become bodong holders and to acti%ely #artici#ate in all bodong acti%ities/

This #ro%ision was included to highlight the recognition by the bodong of the rights and the indis#ensable role
of women and the youth in #eace and nation building/
It used to be that women were relegated to the -itchen and the youth were only to #ro%ide the entertainment
as#ect of the bodong/ The trend now is the em#owerment of women and youth in decision2 ma-ing/ They ought to
be in%ol%ed and be a%ailable in all bodong matters and acti%ities/
Cnder the bodong0 youth and women ha%e eEual rights to be a bodong holder/ There is no disEualification for
them whate%er the mode of acEuisition of the bodong in their fa%or either by inheritance or they were chosen by the
#eo#le/ Howe%er0 where a minor is the chosen bodong holder0 his immediate relati%es assist him in the discharge of
his functions/

"ection 7: The #ro%isions of this #agta shall be enforced to all binodngan regardless of
creed0 status0 ran-0 station in life and filial relationshi#/
)ur forefathers ha%e e,#ressed this #ro%ision a#tly when they said Gmaid#unA maid sunud di bodongG (The
bodong has no brother)/ It means the #agta must be eEually enforced on all binodngan/

$ases:

A teacher from Dao2angan was assigned to teach in Tanudan/ He stayed in the house of the bodong holder/ )ne
of his student in?ured the said teacher/ The #eace2#act holder wants the case to be settled under the bodong but the
offender refused/
&hat the bodong holder did in retribution of the wrong done was to inflict in?ury u#on the #erson of his distant
relati%e0 who is at the same time an aunt of the assailant/ For a%enging such wrong0 the assailant was #ersonally
obligated to #ay Dusa/

Another case is that of 3udan/ He was the bodong holder for 9angali/ A carabao belonging to the #eo#le of
9angali was stolen and it was #ro%en that the sus#ects were from 3ubo/ For their refusal to settle the case0 3udan
was constrained to in?ure the relati%es of the offender/

(ote that the e,am#les abo%e were decided under the )ld #agta where the only mode of com#lying with his
obligation as a bodong holder0 was through the infliction of in?ury to the offender/ This is now discouragedM

"ection : : !e%enge is hereby #rohibited e,ce#t in cases where the bodong was
se%ered as #ro%ided under "ection : Article I of this #agta0 in which case0 the
retaliation of the aggrie%ed #arty shall solely rest on the #erson of the offender/
iolation of this #ro%ision shall constitute G#ot2a-A #atoy G
)ur fol-s0 li-e any #eo#le in the world are #rone to retaliate/ To the >ews0 they say Ga tooth for a tooth0 an eye
for an eyeG It is also -nown as G3e, TalionesG/
But what ma-es the -alingas stand out in this regard is the indiscriminate re%enge that is ha##ening/ 9any
%ictims of subtribal conflicts are innocent/ Their only fault is that they are from the same sub tribes as the
offendedAoffender/
In the #ast0 the #eo#le of each sub tribe are confined within the same bugis/ This is the call of necessity for
common security #ur#oses/ &hen the #eo#le were in conflict with their neighbors0 e%erybody is called u#on to ma-e
a decision0 so much so that if they decide to go to war0 the decision is a community decision/ To re%enge0 therefore
on any member of the sub tribe is ?ustified in that he was #art of the decision ma-ing/ He is #artly res#onsible/ This
argument does not hold water now/ First0 the usual %ictims of tribal wars are innocent students0 wor-ers who ha%e no
#art in the decision2ma-ing0 much less were they consulted/ "econd0 we claim to be $hristians0 but are we belie%ing
and #racticing $hristianityL
To those who still insist on the need for re%enge0 This #agta has e,#licitly allowed that the said re%enge Gshall
be solely on the #erson of the offenderG

&hen re%enge is allowed
!e%enge is allowed as a last resort and after com#lying with "ec/ :0 Art/ I2 The #rocedures for *o#as2 the
intention was to gi%e more cooling2off2time and discourage any would2be2retaliation/
Another hurdle is that the re%enge shall be solely on the #erson of the offender to the e,clusion of his family
members0 relati%es and sub tribe mates/

$onseEuences of %iolation of this #ro%ision
The %iolator of this #ro%ision will be guilty of #ot2a-A#atoy2 It will be treated as intentional -illing/

"ection I: There shall be no immediate se%erance of the bodong/ &hen the
bodong was na#ot2a-an0 the #rocedures outlined in "ec/ :0 Art/ I0 shall be strictly
followed/


This must be read in relation to #rocedures as outlined in "ec/ : Art/ I//

When the blood is spilled, the bodong is severed= seems to be the #re%ailing #ractice until
the #resent time/ This was ne%er the intention of the farmers of the pagta. This is one of the
de%elo#ments which must be #urged from the bodong/ Precisely0 they #ro%ided for the mechanisms
wherein the busdung/bugsung di butu will be sent to the kasupang to gi%e time for the latter to
in%estigate0 hear and settle the case and ultimately to notify his kasupangof the settlement by
sending the pagikna.

This was #laced here to re%ert to the old #ro%ision of the pagta and to highlight the fact that
is not that easy to se%ere a bodong/ 9ost of the bodong were inherited and the #ain of ?ust se%ering
that ligament of brotherhood that lies the #arties is too much to bear/

9oreo%er0 the bodong is there as a bridge for the settlement of the $onflicts and if
the bodong is se%ered0 it is harder to settle the dis#ute/ A new sipat has to be established/

What happens f the bodong s mmedatel! se"ered#
The immediate se%erance of the bodong effecti%ely remo%es the butu 2 the res#onsibility
of the bodong holder to redress the wrong done/ The offended #arty has emasculated him
as a bodong holder/

$ases:

<A= was accidentally hit when a shotgun went off which was in the #ossession of
<B=/ The gun went off when its butt was bum#ed by the re%ol%ing gate/ <A= died on the
s#ot/

The tribesmates of <A= immediately re%enged0 -illing two of the com#anions of <B=/

It was held that the butu no longer a##lies inasmuch as there was immediate
re%enge/ &hat should ha%e been done by the #arty made of <A= was to send the butu first
to gi%e time to the other bodong holder to #ro#erty attend to the case/

In another case0 a man from Bangad and Dananao were both under the influence
of liEuor/ The man from Dananao said something which the man from Bangad resented/
He bo,ed the mouth of the man from Dananao who immediately drew out his bolo from
its scabbard0 but the man from Bangad wrestled with him and sustaining in?uries in the
#rocess/ "eeing what was going on0 another man from Bangad went to hel# his
tribesmate0 but in the #rocess he was wounded/ The man from Dananao ran away but he
was hit with a stone on his head by another man from Bangad/

The #eo#le of Bangad send the busdung di butu to Dananao and the bodong
holder answered by saying <we will sit down and tal-=/

The sending of the butu was misunderstood as the gopas by the #eo#le of Bangad/

The 1B$ met with the #eo#le of Bangad and it was decided that the bodong is
actually not se%ered/ The sending of the busdung di butu is not tantamount to gopas/
&hat constitute the gopas is the #orting/

"ection 6/ The following acts of a binodngan shall not constitute bug-uy:
i) &hen he acted to defend his #erson0 honor0 relati%e and com#anionF
ii) &hen the act of the binodngan was in fulfillment of a duty or lawful #erformance of his right
or officeF
iii) &hen the act of the binodngan was in obedience to a lawful order for some lawful #ur#osesF

Howe%er0 the binodngan may defray the e,#enses of the offended #arties where it is deemed a##ro#riate
under the circumstances/

This #ro%ision deals with mitigating circumstances/

The o#ening sentence of this section announces that there is no bug-uy (%iolation of
the pagta)0 under the circumstance enumerated abo%e/ It sim#ly means that the act of binodngan is
said to be in accordance with the pagta0 so that the said binodngan is not deemed to ha%e %iolated
or transgresses the pagta/

Howe%er0 under e,isting ?uris#rudence of the bodong0 the offender may #ay the
a##ro#riate conseEuential damages de#ending u#on the circumstances of the case/ Here
is a way of a##easing the wrath of the #erson <u#2high= born out of a belief in the ?ustice
of Kabunyan.

Concept of the bug-uy/pot-ak

In its general sense0 bug-uy or pot-ak sim#ly means the %iolation of any #ro%ision of
the pagta/ As a technical term0 pot-ak strictly refers to a %iolation of the pagta concerning crimes
against #erson/ In short0 there is pot-ak if there is patoy/ (Intentional -illing which includes
#hysical in?uries)/

$mport of the Crmnal %ustce &!stem of the bodong

&hen there is bug-uy there are three #arties in%ol%ed/ The offender has obligations to the
offended #artyF he has distinct obligation to the bodong and he is accountable for his acts
to Kabunyan/

To the offended #arty0 he has to #ay the dusa (the main s#ecific indemnity for e%ery crime)F
to the bodong holder0 he has to #ay the butu and the pagikna/ These things he has to #ay lest he be
made to account beforeKabunyan/ It is belie%ed that *od will dis#ense retributi%e ?ustice/

Cnder this section0 there is no bug-uy if the -illing or in?uries were inflicted through any of
the acts enumerated abo%e/ But the offender is still liable for the conseEuential damages/

+,am#le:

A #oliceman who is in the #erformance of his duty may not be liable to
the bodong/ He is not reEuired to #ay the butu. The said act does not affect the bodong0
meaning0 the bodong is still effecti%e and subsisting/

If he was0 howe%er0 found out to be negligent in the #erformance of his ?ob or if he
%iolated human right of the %ictim0 then he is made to #ay for the conseEuences of his
acts/

I/ In defense of his #erson0 honor0 relati%e and com#anion:

I/a) Defense of #erson

+,am#les:

<A= was stabbed while #assing along a street/ <A= drew his -nife and stabbed his
assailant who died instantaneously/ The assailant turned out to be a binodngan' Is <A=
liableL

(E&' )A* is liable for the life of his %ictim/ He howe%er0 is not deemed to ha%e
%iolated the bodong which is still effecti%e/

How much does <A= ha%e to #ayL
It de#ends on the circumstances of each case but not to e,ceed P:J0JJJ/JJ as #er
#ro%isions of this pagta'

4/b) In Defense of Honor

<A= was #assing along the street/ "he was suddenly accosted and with the use of a
gun at her na#e0 she was led to a grassy #lace to be ra#ed/ <A= wrestled with her assailant
and ta-ing the gun0 shot her attac-er who died/

<A= is not e,cused from #aying for the life of her attac-er/ Howe%er0 she is not
liable to #ay the butu and the bodong still subsists/

4/c) In Defense of a !elati%e

<A= heard a gun re#ort from the direction of their house/ He immediately rushed
to their house and found his father <B= who was s#rawled on the floor in a #ool of his
own blood/ Beside him standing was <$= <A=

<A= heard a gun from the direction of their house/ He immediately rushed to their
house and found his father <B= who was s#rawled on the floor in a #ool of his own blood/
Beside him standing was <$=/ <A= hac-ed <$= who died of hac- wounds/ Held: There is
no bug-uy

The term <com#anion= as used here0 refers to anyone wether binodngan or not/

If he did not defend his com#anion0 he is stigmati8ed as less than a man yet
He can still claim for #utut/

II/ In fulfillment of a duty or lawful #erformance of his right or office:

II/a) In fulfillment of a duty/

"ince the 45;J@s0 the P(P0 9ilitary and other law enforcement agencies were afraid to
#erform their ?ob because they were allegedly a##rehensi%e of the sanctions of the
bodong/ This is sheer misconce#tion of the true essence of and intent of the bodong/

The bodong has been in e,istence when the law reigns su#reme during the
"#anish0 American and >a#anese time/ The bodong has ne%er been inter#reted to
contra%ene the national laws/ There wasAis really no conflict/ If not the instrument for the
im#lementation of the national laws/ The fact that during the American and >a#anese
occu#ation0 it was found out that the bodong was used in their #acification dri%e/

A single #oliceman can arrest a criminal then0 with the hel# of the umili through the
bodong and bring him to ?ustice/ But now0 it is not the case at times0 sad to say0 e%en a
battalion or soldiers cannot arrest a binodngan/

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

Indde0 there has been cases of abuse of the bodong system 2 where e%en the #erson doing his ?ob is
sanctioned by the bodong/ $ertainly0 this mal#ractice and abuses must not be tolerated and must be #ut to
a sto#
+,am#les:

<A= is a security *uard hired to guard the (FA0 <B= and com#anions entered the
(FA warehouse/ <A= saw them but he was fired at by B and com#anion0 <A= unslung his
4. gauge shotgun and fired bac-/ <B= died on the s#ot/ It was held that there is no bug2uy/

II/b) 3awful Performance of a !ight or )ffice=

<A= is a tenant of <B=/ <$= a sEuatter threatened to e,#el <A= from his #ossession
thru force/ <A= drew his bolo and in the #rocess in?ured <$=/ There is no bug-uy.

III/ )bedience to a 3awful )rder for some 3awful Pur#oses

(ote that the )rder must be 3awful and for 3awful Pur#oses/

+,am#les:

<A= is an ama8ona/ "he ordered <B= to -ill <$= without any ?ustifiable reasons/ Is
<A= liable/ N+"/ There is also bug-uy because the order was not lawful/

+lements of "elf2defense:

i/ unlawful aggression comes from the %ictim
ii/ reasonable necessity of the means em#loyed
iii/ the #erson defending has not started the fight/

"ection ;/ There shall be no retaliation where in?uries or -illing results from
an accident/ "hould there be any retaliation0 it shall constitute pot-ak/patoy.

This section refers to in?uries or homicide resulting from accidents/ Inasmuch as
the -illing or in?ury arose out of an accident0 with more reason should retaliation be
disallowed/ Howe%er0 it ha##ened that many relati%es of %ictims of accidents ha%e
retaliated in the near #ast and it is #recisely for this reason that this #rohibition was
included/

The case of Bisho# $arlito >/ $en8on and his dri%er comes to mind/ It ha##ened
on August 450 4557/ &hile they were #assing through the Highway in (ambaran0 their
ride sideswe#t a child/

Instead of hel#ing to bring the child to the hos#ital0 a relati%e of the %ictim hac-ed
the dri%er and was going to finish him but the good Bisho# recei%ed the blow in his hand/

The assailant #aid fifty thousand #esos (P:J0JJJ/JJ) to the dri%er of the Bisho#
and butchered one (4) carabao when the Bisho# said 9ass in (ambaran/ Being a man of
*od0 the good Bisho# only as-ed to say 9ass/ He did not as-ed for damages/ He
forga%e his assailant/

(ote that the incident ha##ened in 4557/ Cnder the pagta then in force0 the
#enalty for pot-ak is )ne hundred Thousand #esos (P4JJ0JJJ/JJ)0 if death results
therefrom/

The pro"son of the pagta +as appled to non-binodngan/

In early #art of 9arch 45570 "amson Donggayao sideswe#t the son of PaEuitos
9amecao at 9agsaysay0 Tabu-0 1alinga while he was dri%ing a motor %ehicle/ The son
was dead2on2arri%al (D)A) at the Pro%incial Hos#ital/

"amson Donggayao #ro%ided the clothings (gaga-o/gangon)0 #ro%ided some
cases of gin0 rice and #ig for the bagungun/ This was ob?ected to by the 9amecao@s yet
the things were reluctantly recei%ed/ The case was settled using the pagta of the bodong/
The e,isting damages then was Fifty Thousand Pesos (P:J0JJJ/JJ) for death
resulting from accident

&hen all e,#enses were totaled0 "amson Donggayao #aid a total of "i,ty
Thousand Pesos (PIJ0JJJ/JJ)0 inclusi%e of the other e,#enses during the wa-e/

"ection 5/ The maintenance of #eace and order is e%ery citi8en@s duty/
The bodong holder0 members of the Phili##ine (ational Police and the law
enforcement agencies must su##ort and coordinate with each other when the
e,igency for the #rotection of life0 liberty and #ro#erty and honor arises/

This section mandates that e%ery citi8en must hel# in the maintenance of #eace 2
the word used is e%ery citi8en/ The term therefore ma-es no distinction whether
one is binodngan or not/

The bodong was the only ?ustice system before the "#aniards arri%ed/ The
"#aniards ha%e ne%er sub?ugated 1alinga yet the 1alingas ha%e li%ed with their neighbors
#eacefully because of the bodongsystem/

&ith the coming of the Americans0 the bodong was e,tensi%ely used in the
#acification dri%e of the Americans/ The bodong was still %ery effecti%e and was made an
instrument of the Pa, Americana/

All the #eo#le who committed crimes were submitted by the bodong to the law/
The bodong was and is ne%er an im#ediment towards the full im#lementation of the law/

It was only during the 456J@s when the Phili##ine $onstabulary (now P(P)
started blaming the bodong for e%ery crime committed/ They alleged that
the bodong coddles the criminals/ This attitude still subsists which is %ery
unfortunate/

But we cannot blame these #eo#le being critical of a system they -now little of or
nothing at all/

Instead of blaming the bodong0 efforts should be e,erted to learn more what are
the merits of the bodong in order to a##reciate it/

The bodong com#liments the national $riminal >ustice "ystem/

&e ha%e to admit that the bodong is a #art of the cultural heritage of the 1alingas/
It is the bodong that ser%es as the binding force in the 1alinga community/ It #ro%ides a
mechanism and an a%enue for the resolution of conflicts/ This is %ery e%ident if you loo-
into the court doc-ets of se%eral courts where bodong is strong/ 9$T$ Tinglayan2
Tanudan has a 8ero doc-et as of this time/ 9T$ 3ubuagan has but a few cases/ This is
true with 9$T$ Balbalan2Pasil and 9$T$ Pinu-#u-2!i8al/

&hy is this soL The e,#lanation is that the #eo#le thereat trust more
the bodong ?ustice system and des#ite criticism0 it still wor-s/ This is not to say that it is
#erfect/ It has its flaws and defects li-e any other legal system/

If instead of blaming the bodong system0 it may be to the best interest of #eace if
the #eace officers will coordinate their efforts with the bodong to stum# out criminality/
The law enforcers should touch base with the binodngan commuity and the #eo#le/


A!TI$3+ III
(A(*D)( "I B)D)(*

"ection I/ The binodngan must recogni8e and affirm the authority of
the bodong holder of each ili as chosen by them/

The bodong holders are the %isible symbol of the bodong/ As such0 they deser%e
to be res#ected/ To them is the authority to e,ecute e%ery decision affecting their bodong'

,o+ the bodong holder s selected

)ral historical accounts of the origin of the bodong #oints to the
following circumstances that led to the establishment of the bodong:

4) )ne school of thought states that the bodong came from the
necessity of #rotecting games/

Hunters could not follow their hunting dogs whene%er they went
beyond the %illage territory/ Their games and their dogs are always in
danger0 not to mention their #ersonal safety/ This necessitated the
establishment of the bodong thru the sipat/ "o a hunter gi%es
a sipat to anyone in the %illage becoming thereby a bodong holder.

.) Peo#le ha%e to trade with other %illages/ "o what the traders did
whene%er they went to any %illage was to gi%e their bolos andAor
s#ears and ta-e the bolosAs#ears of one from another %illage/ C#on
arri%al in his ili0 he would announce the establishment of the sipat. He
becomes a bodong holder.

Formal establishment of the bodong by the sipat holder

+ach bodong holder then in%ites his counter#art and formali8es
the bodong through festi%ities/ The surdip/singlip is celebrated followed
by the inu/ It is during this feast that the pagta is formally agreed u#on/

Bodong holders hold the bodong for #ure ser%ice

To be a bodong holder entails a lot of #ersonal sacrifice/ He has
nothing to gain as he is not #aid for his ser%ices/ In fact he uses his
#ersonal money to #rocure animals to be butchered during celebrations/
He recei%es %isitors0 he feeds them and #ro%ide their needs/ He has a lot
of social functions/

&hile it is true that he is the symbolic head of the tribe
on bodong matters and as such is la%ished with honor0 more often to be
a bodong holder carries with it much res#onsibilities/

&hen for any reason the bodong is se%ered0 the new bodong
holder is usually chosen from the clan of the %ictim and the clan of the
offending #arty/

The reason is ob%ious/ He is the last %ictim and it is
assumed that he would not re%enge for to do so would be for
him to commit akak/ngos-ngos/ The irony is that the bitter enemies
are now the best of friends when the bodong is established/

How does a binodngan recogni8es and affirms the authority of
the bodong holderL

a) &hene%er a binodngan goes for trade to other binodngan areas0 such
transaction must be done in the #resence of or through the bodong
holder.

For e%ery consummated business transaction0 the bodong
holder recei%es the su-ur (a to-en gi%en in the form of cash0 a #iglet0
a dog or other things of %alue)/

b) &hene%er a case is settled0 he must be gi%en pagikna.

c) !ecognition ands affirmation of the authority would best be shown if
each binodngan will res#ect the right of other binodngan/

"ection ./ The bodong holder shall discharge the functions and duties which
includes but not limited to:

a) He is the eyes0 ears0 and mouth of the bodongF
b) He shall faithfully enforce and e,ecute the #ro%isions of the
pagta and all decisions in cases brought before itF
c) He shall #rosecute with dis#atch cases brought to his attention until the same shall ha%e
been settled to the satisfaction of both #artiesF
d) He shall not allow the se%erance of the bodong without com#lying with the #ro%isions
of Article I0 "ection : of this pagtaF
e) He must consult the !ili and the elders in ma-ing decisionsF
f) He shall arrest or cause the arrest of the buug-uy (%iolator)/

The listed functions and duties of the bodong holder is not e,clusi%e/ The bodong
holder has other function not included here/

He has social functions/ He has to feed the %isitors0 he has to bring the dead of
his kabodong or the latter@s sub?ect to their #lace of origin/

)E!es- Ears and Mouth*

In the set2u# of the bodong0 the bodong holder of each ili has as his wards the
#eo#le from the o##osite subtribe/

To illustrate:

<A= is the bodong holder from 3aya/ <B= is he bodong holder from Bangad/ <A=
has to loo- after the welfare of the ili of Bangad while <B= will loo- after the welfare of
the ili of 3aya/

In conflict resolution0 the wor-ing of the bodong is %ery much different from the
courts where the truth will de#end on the strength of the e%idence/ "o much so that e%en
if a #erson was -illed but no e%idence or witnesses are a%ailable0 the accused will go scot2
free/

The wor-ings of the bodong do not ha%e the com#licated rules and #rocedures in
court/ The bodong holder as the eyes0 ears and mouth of the bodong0 his relati%e and the
#eo#le in%estigate silently and nothing could be hidden from them/
&e ha%e customary beliefs0 rituals and #ractices which a #erson who -ills another
has to #erform/ This always gi%es him away/ Beside0 as among one subtribe0 there is
really no secret/ It is under this ?urisdiction that hearsay e%idence carries with it the truth/

The bodong holder has eyes that he may loo- after the welfare of his #eo#le0 ears
for him to listen to their #roblems and concerns and mouth to s#ea- out for
the Binodngan in search for what is true/ He is the in%estigator0 #rosecutor and ?udge
rolled into one/

$ases:

A man from Dananao was declared missing/ (obody -nows whether he was
-illed or not/ The bodong holder from Basao was informed that a man from Dananao is
missing/

"ilently0 he must ha%e -nown from his #eo#le and it was not long before the
information came out that the missing man from Dananao was -illed and the sus#ects are
from Basao/

The 1B$A$$( came to the #icture and it was not long before the #lace where he
was buried was #ointed to/ It came out that the man from Dananao was in%ited by a
Basao tribesman for a #icnic at the ri%er/ The grou# too- with them a dog to butcher but
instead of -illing the dog0 it was their com#anion from Dananao that they -illed/ The
reason for the -illing was that they a%enged the death of their -insman who was shot at
$onner0 A#ayao by one from Dananao/ &hen the case was settled0 the -illing by re%enge
was treated as a se#arate offense <pot-ak=/

He shall faithfully enforce and e,ecute the #ro%isions of the pagta and all
decisions in cases brought before it/

The bodong holder has a dual functon:

.' He must see to it that the pag ta is enforcedF
./ If there are %iolations0 he must see to it that the cul#rit must be brought to
?usticeF
B/ He must hear and decide cases brought before him with the hel# of elders and
other leadersF
7/ He must e,ecute the decision to the letter/

In e,treme cases where decisions are not obeyed0 the bodong holder may be
forced to a%enge the wrong done by himself/

He shall #rosecute with dis#atch cases brought to his attention until the same shall ha%e
been settled to the satisfaction of both #arties/

The case under the bodong system is initiated when the busdung/bugsung di
Butu is sent by the com#laining bodong holder/ C#on recei#t of the busdung/bugsung0
negotiation ensues until the case is settled/ After which0 a pagikna is gi%en to the
com#laining bodong holder/

The sending of the busdung/bugsung di butu (wra# of the butu) does not mean the
se%erance of the bodong/ The bodong still subsists and effecti%e while the negotiation is
going on/

He shall not allow the se%erance of the bodong without com#lying with the #ro%isions of
Article i0 "ection : of this pagtaF

This was included to correct the #ractice of bodong holders who ?ust se%ere
the bodong without consulting the uili.

The bodong holder is not allowed to act according to his whims/ He is only the
s#o-esman of the uili from whom he deri%es his #ower/ It is the uili to decide whether
to se%ere the bodong or not/

He must consult the uili and the elders in ma-ing decisions

As was already stated0 elders and %illage leaders and members from neutral
subtribes bring the #arties (the com#lainant and res#ondent) together in one %enue/ If this
is not feasible0 then the elders will consult the #arties se#arately beginning with the
offended #arty and then to the #arty of the offender/

The elders would hear both #arties0 then ma-e suggestions and there are concrete
#ro#osals and then they will go to the other #arty to #resent the #ro#osed settlement/

This is the hardest #art of the shuttle di#lomacy/ 9uch tact and con%incing #ower
has to be em#loyed/ The negotiators ha%e to bear and be contented of being shoc-
absorbers/

Cnder this system0 the bodong holder will ?ust listen and not to s#ea- out and
lea%e the negotiations to the elders0 leaders and other #eo#le/ His suggestions may be
misunderstood as the decisions/ It is only after the #arties ha%e come to an amicable
settlement that he ma-es the formal announcement/

He shall arrest or cause the arrest of the buug-uy (%iolator)

In the #ast0 when a #erson commits pot-ak / patoy0 the bodong holder and his
relati%es must -ill or inflict in?ury to the #er#etrator or to his nearest -in0 tit for tat/

This old #ro%ision contra%enes our national laws as it authori8es -illing/ The
wrong cannot be rectified by the commission of another wrong/ )n to# of that0 it
contra%enes our basic tenets as $hristians/

"o as not to ta-e the law in his own hand0 this #ro%ision was inserted/ In lieu of
-illing to remo%e the butu0 the bodong holder is now em#owered to cause the arrest of the
#er#etrator and submit him to the authorities/

Cnder "ection :0 Article III0 the bodong holder is considered a #erson in
authority/ He is therefore em#owered to arrest the offender/

To illustrate how the bodong could su##lement our criminal ?ustice system0 the
case of Pangol and Bacari (Paracelis) comes to mind/

It ha##ened that a man from Pangol has committed crimes against the #eo#le of
Bacari/ *abriel *assingga is the bodong holder and to com#ly with his obligation as
such0 he made an arrangement with the officers of the law whereby he would in%ite the
criminal in a certain house for a drin-ing s#ree/ At the #re2arranged signal0 the P(P
swoo#ed down on the criminal and arrested him/ The criminal is #resently detained at the
(ational Penitentiary/

"ection B/ The bodong holder and his family shall ha%e the res#ect0
assistance0 coo#eration0 su##ort and loyalty of all bodong members in
all bodong affairs/

"ection 7/ The bodong holder may see- assistance from the go%ernment for
the conciliation and settlement of bodong cases where #ro#er/

It has been said that the bodong holder is only the symbol of the pagta. He
stands for the community in all bodong acti%ities0 the bodong holder shoulders all
e,#enses0 of course the community contributes by gi%ing rice0 gifts (atod) and others/

The bodong holder may see- assistance from the go%ernment sector0 since this
?ob is the #romotion of #eace and order which are go%ernmental function/

Assistance here is used in its broad sense/ It may include financial0 material and
other forms of assistance such as go%ernment %ehicles and facilities/

"ection :/ The bodong holder by %irtue of his functions and res#onsibilities
in the maintenance of #eace and order shall be deemed a #erson in authority/

The #ur#ose of this #ro%ision is to cloth the bodong holder with authority so that
he could be effecti%e in the ad%ocacy for #eace/

"ection I/ The bodong holder in recognition of the im#ortance of his
functions in the discharge of his duties without remuneration should be gi%en the
a##ro#riate ci%il ser%ice eligibility0 and insurance when feasible/

This is to #ro%ide some sort of incenti%e in consideration of the im#ortance
of his functions/


ART$CLE $/
B$0OD01A0


"ection 4/ The following are the binodngan

a/ Bonafide members of the subtribeF
b/ Those born to bonafide members of the subtribeF
c/ (on2tribe members married to members of the subtribesF
d/ (on2tribe members who #ermanently resides in the ili and who elect to
become members and acce#ted as such in a manner #ro%ided for by
the bodong.

Bonafde members of the subtrbe

The #hrase <bonafide members of the subtribe= refers to children born to #arents
of the same subtribe/

+,am#le:

<A= and <B= are from *uinaang0 Pasil0 1alinga/ They married each other and
begot B children $0 D0 O +/

To what bodong $0 D0 O + belongL They belong to and are sub?ects of
the bodong of *uinaang/

0on2trbe members marred to members of the subtrbe

<A= is from "alegseg/ He married <B= who is from *attaran0 $agayan/ They
established residence in "alegseg/

To what bodong does <B= belongL He belongs to the bodong of "alegseg by
e,#ress #ro%ision of this section/

"u##ose0 in our e,am#le0 <B= was in?ured in a scuffle by one from Dao2angan/ Is
the bodong between Dao2angan and "alegseg affectedL

N+"0 the bodong is affected because u#on his marriage to a woman from
"alegseg0 he is co%ered by the bodong of "alegseg by e,#ress #ro%ision of this section/

If <A= and <B= had children0 the said children belong to the bodong of "alegseg/
This is so by e,#ress #ro%ision of "ection B0 Article III/


0on2trbe members +ho permanentl! resdes n the ili and +ho elect to become
members and accepted as such n a manner pro"ded for b! the bodon3'

Elements:

a/ Husband and wife are non-binodnganF
b/ They reside in any binodngan ili"
c/ They elect to be members of the bodong of their residenceF
d/ They must ha%e been acce#ted as members after gi%ing lo-o/

+,am#les:

<A= and <B= are from 9anila who #ermanently reside at (aneng/ They elected to
?oin the bodong of (aneng by #erforming the lo-o in all occasions and were acce#ted ad
included in all the bodong/

&hat bodong do they belongL They belong to the bodong of (aneng/

If one or both of them are in?ured by an Iguilayon0 is the bodong between (aneng
and *uilayon affectedL

N+"/ The bodong holder from (aneng will as- his kasupang from *uilayon to
settle the case with the assailant/

"u##ose in our e,am#le abo%e0 it is <A= who %iolated any of the #ro%ision of
the pagta0 say he committed ra#e of a woman from *uilayonL

Is the bodong of *uilayon and (aneng affectedL N+"/ As one who elected to be
a Binodngan0 he acce#ted to be bound by the bodong and he has the obligation to res#ect
the bodong.

How about the children of <A= and <B= in our e,am#le abo%e0 to
what bodong they belongL

They belong to the bodong of (aneng/ There is no need for the children of <A=
and <B= to elect the bodong they want to ?oin/ This is so because of "ection 40 "ubsection
(b)0 Article III/

"ection ./ $hildren of binodngan who resides in any of the ili of their
#arents shall be members therein0 #ro%ided that in case where they reside in a non-
binodngan area0 they shall follow the bodong of their father/

$hildren of binodngan residing in either the ili of their #arents0 which bodong will
co%er themL The bodong of the #arent of their #lace of residence/

The reason is that double citi8enshi# is not allowed/ Another reason is that they
ha%e li%ed in the #lace (naparatan# and its ?ust right that they belong there/

&here the family li%ed outside the bugis of their #arents0 they are deemed co%ered
by the bodong of the father/



+,am#le:

<A= is from 3ubuagan0 1alinga/ He married a woman named <B= from "umadel0
Tinglayan0 1alinga0 They choose to reside in "umadel0 Tinglayan/ They had a son named
<$=/

&hose bodong does <$= belongL <$= is now co%ered by the bodong of "umadel/

If in our e,am#le0 <$= committed acts of lasci%iousness on the #erson of <D= who
hails from Balbalasang0 to which bodong shall the Balbalasang direct their com#laint and
which bodong is affectedL

The bodong affected is the bodong of "umadel with Balbalasang/ It is
that bodong which will settle the case/

&hat about the bodong of 3ubuagan and Balbalasang/ Is it affectedL

()/ The reason is that the pagta say so and no one is allowed to collect twice for
an offense/ This would be un?ust enrichment/

"u##ose the relati%es of <A= are all ingor and they do not acce#t the settlementL
&hat remedy do they ha%eL

The pagta allows that they could as- the bodong to e,clude them tem#orarily
from the co%erage of the bodong of 3ubuagan and Balbalasang for a short #eriod of time/
This is called lasin.

What s the mplcaton of Lasin?

They are now allowed by the bodong to a%enge the wrong done to <A= but the
re%enge shall be solely to the offender/

They are free to re%enge but if they are -illed or in?ured in the #rocess0 then they
are not allowed to claim under the bodong.

If after the #eriod gi%en has la#sed without any untoward incident0 then they are
brought bac- to the co%erage of the bodong0 they are no longer at liberty to re%enge0
otherwise they will be liable under the bodong.

&hat is meant by the #hrase <reside in a non-binodngan area=

+,am#le:

>uan is from Pangol and 9aria is from 3ubuagan/ They reside in Phile, 9ines0
Padcal0 Tuba0 Benguet/ They had a son called Danny/

&hile Danny and his com#anion were drin-ing in a ideo-e bar in Baguio $ity0 a
misunderstanding arose between Danny@s grou# with another grou# and trouble ensued/

)ne of Danny@s com#anion is good in 1arate and ga%e a blow to one of the
members of the other grou# and the latter fell on the floor/ Danny got a -nife in their
table and stab the #erson on the floor and the %ictim died/ It turn out that the %ictim is
from Tulgao/

&hat bodong is deemed %iolatedL

The bodong of Pangol and Tulgao/ This is so because this section #ro%ides that
the children of Binodngan s#ouse where the #arents li%e in a non-binodngan area shall
follow the bodong of their father/ The father of Danny is from Pangol0 hence
the bodong which has ?urisdiction of the case will be the Pangol2Tulgao bodong.

+,am#le:

9r/ )man is from 3ubo and he married Daruwa from 9abongtot and resided in
9abongtot/ They had children/ &hat bodong do their children belongL

It was decided that they are Imabungtot by residence0 hence they are not ilubo/

"ection B/ &here one of the s#ouses is a binodngan and the other s#ouse is
a non-binodngan0 the children shall be co%ered by the bodong of
the binodngan s#ouse/

+lements that must concur for this #ro%ision to a##ly:

4/ )ne of the s#ouses is a binodngan while the other is ibaliwon
(non-binodngan)F
./ They ha%e childrenF
B/ The s#ouses li%e in a binodngan or non-binodngan area/

&hat bodong do their children belongL They belong to the
bodong of the binodngan s#ouse by e,#ress #ro%ision of the pagta.

+,am#le:

9i-e is from 9abaca0 Balbalan0 1alinga/ He married "usan from
Pam#anga/ They had four (7) children and they are residents of Baguio
$ity/

&hat bodong do their children belongL They belong to
the bodong of 9abaca0 Balbalan/

"u##ose in our e,am#le0 one of the s#ouse@s son 9ichael
befriended and im#regnated a woman from Balatoc0 Pasil0 1alinga0 who
died of abortion u#on the instigation of 9ichael/ &hose bodonghas
?urisdictionL

The bodong of Balatoc and mabaca/ This is so because the
father of 9ichael is the Binodngan s#ouse/


ART$CLE /
R$1,T& OF T,E BINODNGAN


"ection 4/ The binodngan shall ha%e a right to his life0 his #ro#erty and his
honor and shall do e%ery reasonable means to defend it/


This section co%ers the basic right to defend his #erson0 #ro#erty and honor/ (ote
that the #ro%ision uses the term <reasonable means=/ &hat is reasonable de#ends on the
circumstances of each case/ !ead this in connection with Art/ II0 "ec/ :/

!ights #rotected under this section:

4/a/ This is self2defense

The 1alinga belie%e that life is a gift from Kabunyan/ It is something %ery
#recious/ (o one e,ce#t Kabunyan can get life from him/

If said life is threatened0 he will use e%ery means to #rotect it0 to #reser%e it and
e%en if he has to -ill in the #rocess/ Based on this #rinci#le0 the #ractice of re%enge has
find ?ustification/ 3ife ta-en has to be #aid with another life/

4/b/9eaning of <reasonable means to defend it=

Cnder the pagta0 if a binodngan uses his hand to in?ure another binodngan0 the
offender can only use his hand in defense of himself/ If he is bo,ed0 he can only defend
himself by bo,ing the cul#rit/ He is not allowed to use any deadly wea#on
(patado)/

+,am#le:

<A= and <B= are both binodngan. In a heat of anger0 <A= bo,ed <B= on his
face wounding him in the #rocess/ <B= -ic-ed <A= fell to the ground/ Is <A= liableL

N+"/ <A= is liable/ He was the one who started the fight/ The #enalty is ulta.

How about <B=0 is he liableL ()/ He was only defending himself/

"u##ose in our e,am#le abo%e0 instead of -ic-ing <A=0 <B= drew out his fan -nife
and stabbed <A= who was hit on his shoulder/ Is <B= liable under the bodong ins#ite of
the fact that he was only defending himselfL

N+"/ <B= is clearly liable/ Cnder the pagta0 he is not allowed to use -nife
(patado#. The means used to defend himself is not reasonable 2 therefore0 he is liable for
the in?ury inflicted/

"u##ose0 in our e,am#le0 instead of bo,ing <B=0 <A= stabbed <B= with a -nife/
<B= retaliated by drawing his gun and he shot <A=0 wounding the latter in the #rocess/ Is
<B= liableL ()/ The reason is that he was defending himself and the means he used in
defending himself is reasonable/

Cnder bodong ?uris#rudence0 it is <A= who %iolated the pagta (Buug-uy)/ In a
sense0 each will be res#onsible for the in?uries he inflicted but the #enalty for <A= being
the %iolator is higher/ He is liable to #ay the Butu/

./ !ight to his #ro#erty

./a This contains the #rinci#le of defense of #ro#erty/

+%ery 1alinga is entitled to a decent life in accordance with his means/ In the
1alinga social order0 a #erson is entitled to acEuire #ro#erties and is entitled to their
beneficial use0 in a manner he sees it/

There are communal #ro#erties to which he has eEually same right to use/ But
there are #ro#erties that #ro#erly belong to him and no one is allowed to get them from
him without his consent or authority/

&e ha%e %arious conce#ts e,#ressi%e of these %alues:

a) Paniya$ 2 to claim as your own something that #ro#erty belongs to another
is paniya$ (taboo)/ He who does will not ha%e a long life/

b) %gu 2 this refers to one who would accumulate #ro#erties0 by foul means/

+,am#les:

&t is paniya$A-aniyaw to steal a chic-en for it loo-s u# high when it drin-s water
(the act of loo-ing u# while drin-ing water is eEuated to ac-nowledgment of Kabunyan#/

It is paniya$/kaniya$ to steal bananas for your stomach will become bloated and
you will die with it/

&e ha%e a lot of e,am#les whether the stories are myth or not0 one thing is sure 2
be contended with what you ha%e/

If others will stealAget #ro#erties from you0 the pagta says you can defend your
#ro#erties by any means reasonable under the circumstances/ The Euestion which may be
as-ed: what would ha##en to one who defended himself and his #ro#erty through any
means reasonableL Does it constitute Bug-uy'

$ase:

<A= has a grocery store0 and a ba-ery/ +%ery morning at about 7:JJ A/9/0 children
would withdraw pan de sal from said store and ba-ery for them to sell around the
barangay/ )ne morning0 children went to get their usual stoc- of pan de sal/ Howe%er0
ta-ing ad%antage of the #resence of the children0 <B= and <$= entered the store and
announce a hold2u#0 #ointing their guns and grenade to the ba-ery owner/ There was a
little #andemonium/ <A=0 the ba-ery owner too- ad%antage of the situation and shot one
of the hold2u##ers/ The other one ran away but he sustained mortal wounds at about 6:JJ
a/m/ of the same day0 #eo#le found the cada%er of the other hold2u##er :J meters away
from the scene/

Is <A= liable for the life of the two hold2u##ersL

+fforts were made for settlement of the case but the general consensus is that0 the
weight of o#inion would tilt in fa%or of <A= 2 that is0 he should not be liable for the death
of the two %ictims/ The reason is0 he was only #rotecting himself and his #ro#erty/
<A= wanted to %oluntarily hel# defray the e,#enses/ Howe%er0 there was no settlement/

In another case0 the carabao of <A= was stolen/ <A= together with his com#anion
followed the hoof#rints/ +%entually0 they caught u# with the rustlers/ A fair fight ensued/ <
B=0 one of the cattle rustlers was -illed/ Is <A= liable under the bodongL Is
the bodong between the subtribes of <A= and <B= affectedL

N+"/ Cnder the #ro%ision of the pagta and ?uris#rudence of the bodong, <A= is
liable for the -illing0 the indemnity is established using the standards of accidental -illing/
<A= may refuse to #ay actually said indemnity/ Howe%er0 at the bac- of his head0 is the
a##rehension that the offended #arty may a%enge the wrong done/ He therefore o#ted to
#ay something to buy #eace/ This is the usual #ractice/ Howe%er0 the bodong is
not affected/

45 R3ht to hs honor'

<(ita pun/adita ansakoy ta paniya$)/ 3iterally0 this means <it is taboo to
dis#arage the good name of a #erson/=

To ha%e a good name is the dream of a 1alinga/ In the 1alinga society0 good
re#utation is a desired Euality of a pangat, a leader/

!es#ected members of a community in a 1alinga society are:

a) Pangat 2 a self2made man0 not necessarily rich0 a leader/
b) Baknang 2 a #erson who is economically well2off/
c) Kadangyan 2 one who has e%erything in life0 economically/

"ection ./ All binodngan shall ha%e the eEual #rotection of the bodong and
the free and s#eedy dis#osition of their cases/

+Eual #rotection clause2 from the %iew#oint of the pagta0 e%erybody is eEual
whether one is a pangat0 baknang, kapus (#oor)0 a woman0 child0 old and young/ +%en
relati%es found to be guilty must be im#osed the a##ro#riate #enalty/ <The bodong has no
brother=/

There is no one abo%e the pagta/ +%en the bodong holder is sanctioned if he is
found to ha%e %iolated a #ro%ision of the pagta/ The %iolation of the pagta by
the bodong holder or his relati%e is termedakak=/

)Free and speed! dsposton of the case*

)ne of the %irtues or merits of the indigenous system of setting cases is the s#eedy
dis#osition of cases/

&hat is the reason why the bodong holder has to settle the case immediatelyL

Cnder the bodong system0 all cases between the offender and the offended is as
much a community #roblem0 es#ecially if the case in%ol%es patoy/ The bodong holder is
in%ol%ed and if the case is allowed to drag0 there is the #ossibility that the offended #arty
may ta-e the law into his own hand and if that is the case0 the bodong may be se%ered and
the two subtribes may be in%ol%ed/

It is always to the best interest of the two subtribes to settle the case immediately
if only to #re%ent the case de%elo#ing into a tribal conflict0 the community has a sta-e in
the resolution of the case/

&ettlements are open to the publc

All settlements are o#en to the #ublic/ All those in attendance are free to gi%e
suggestions/ They may hel# by citing ?uris#rudence of bodong cases/ In this way0
decisions are always based on reasons and not on whims/

"ection B/ (o binodngan shall be held to answer for an offense without due
#rocess under this pagta.

Due #rocess under the bodong

To safeguard a #erson from being #unished without hearing0 the #agta has
established a %ery sim#le #rocedure/ These #rocedures are %ery much li-e the #rocedures
outlined in Art I0 "ec/ :/

If there is a %iolation0 the busdung di butu or notice is sent to the bodong holder
where the offender belongs/

The in%estigation then begins with both bodong holders setting the case for
settlement where the #arties come together in a confrontation/ The conference goes on
from day to day until it is finished/

Pandaya/Paldaya

&here there are no witnesses but a #erson is sus#ected and there is sufficient
ground to belie%e that he may ha%e committed the act0 the case will be settled/ The
sus#ect #ays the apas for ha%ing been sus#ected0 while the in%estigation goes on as
regards the identity of the #erson who committed the act/

If the cul#rit is found out0 the apas shall be refunded by the cul#rit/ Cnder this
setu#0 the sus#ect hel#s in the further in%estigation of the case/

"ection 7/ A binodngan shall ha%e the right and obligation to testify for or
against another binodngan in e%ery case/

This is a new #ro%ision/ It #ro%ides for the right of a binodngan to testify in fa%or
or against any binodngan/ In li-e manner0 he is obligated to testify/

R3ht to testf!

For as long as he is %ital witness to a crime0 no one is allowed to #re%ent him from
testifying0 on the flimsy ground that the #erson he is testifying against is a binodngan/ In
fact he is obligated to testify/ He must be a material witness/

Reason for the ncluson of ths pro"son

The bodong always see- for the truth/ The system may be sim#le0 but in almost0 if
not all cases0 the truth always comes out and the cul#rit is #unished/ There is really ?ustice
as it is always based on the truth/

The bodong system has a uniEue way of finding the truth/

"ection :/ +%ery binodngan has the right to adduce e%idence in his fa%or0
including the right to demand that a binodngan who witnessed the incident shall
testify in his fa%or/

!ight to adduce in his fa%or and to demand witnesses to testify in his fa%or/

The right gi%en here may #ertain to the offender or the offended/ This is to be
distinguished with the #ro%ision of "ection 7 abo%e/ "ection 7 deals with the right of a
material witness to testify for or against the accused/

It has been obser%ed that binodngan who witnessed the commission of a crime
against or for a binodngan refuses to testify/ The reason is that they might be sanctioned
by the bodong. (ot to testify is wrong/ After all0 any one who tells the truth is free to do
so/ Tell the truth and the truth will set you free

To testify for or against is a right as it is an obligation/ The #enalty for refusal to
testify is one carabao/

In as much as a binodngan has a right and obligation to testify for or against
another binodngan/0 this pagta also gi%e the binodngan a right to adduce e%idence in his
fa%or and to demand that witnesses will testify in his fa%or/

"ection I/ There shall be eEual treatment in the im#osition of fines and
#enalties and no e,cessi%e fines shall be im#osed/

The #ro%ision com#lements the #ro%ision on eEuality of all binodngan before
the eyes of the law/ It s#ea-s of eEual #rotection in the im#osition of fines and #enalties/

There has been allegation of ineEuality among binodngan/ Peo#le often
#e?orati%ely refer to the #eo#le from u##er 1alinga subtribes as <Ka$itan= and lower
1alinga subtribes as <!pa)/

The accusation is that for the same offense0 the #eo#le from u##er 1alinga would
demand a higher amount of indemnities if they are the offended and would try to reduce
the indemnities if they are the offenders/

This #erce#tion0 whether correct or not is the e%il this #ro%ision intends to correct/

The aim is to remo%e any form of distinction in the im#osition of fines and
#enalties/

)0o e6cess"e fnes*

This #ro%ision was inserted with the intention to forestall anyone from demanding
more than what the pagta #ro%ides/ The -ey word here is reasonableness of the demand
andAor the ability of the accused to #ay/

It would be useless to demand for a #enalty %ery much higher than what
the pagta #ro%ides es#ecially so if he accused has no #ro#erty to #ay indemnities/ This is
so for if the accused cannot really #ay0 and if his relati%es ha%e also no money to lend to
the accused0 then the offended might be tem#ted to ta-e the law into his own hands/

To a 1alinga0 what is im#ortant is that the case has been settled/

"ection 6/ +%ery binodngan shall ha%e the o#tion to see- ?ustice under
the bodong or the regular courts of ?ustice/

The first sentence gi%es the offended binodngan the o#tion to go to court or to
a%ail of the ?ustice system of the bodong/ This is highlighted by the double ?eo#ardy
clause/

If the offended chooses the court0 the offender is still reEuired to gi%e0 #ro%ide0
and #erform the customary rituals and #ractices/

"ection ;/ (o binodngan shall be twice #ut in ?eo#ardy for the #unishment
of the same offense/ If a binodngan is #unished by the bodong or the regular courts
of ?ustice0 the con%iction or acEuittal under any shall constitute a bar to another
#rosecution for the same offense/ Howe%er0 the offender may still satisfy the
customary rituals and #ractices of the bodong.

This #ro%ision was included as a new #ro%ision/ This is a concession to the
national criminal ?ustice system to #re%ent one from being #unished under the bodong and
under national laws/

In %iew thereof0 "ection 6 e,#ressly gi%es the offended #arty the o#tion to go to
the bodong or to the court/ He is #recluded from claiming again under the bodong/ In li-e
manner that one cannot go to court after the case shall ha%e been settled in the bodong.

It is elementary #rinci#le that one cannot reco%er twice from the same offense/
This would constitute un?ust enrichment/


ART$CLE /$
&PEC$F$C CR$ME& A0D T,E$R PE0ALT$E&

"ection 4/ Patoy (-illing) 2 Any binodngan who shall -ill or inflict in?ury to
another binodngan shall be guilty of patoy.

There is patoy when a binodngan with intent to -ill/ It includes #hysical in?uries/

But there is distinction when blood is s#illed through the use of a bare hand/

Cnder our #enal code0 there are Eualifying aggra%ating circumstances/ There are
circumstances which ele%ate the -illing to murder/ Cnder the pagta0 there are no such
circumstances/ For as long as a #erson is -illed with intention without any ?ustifiable
cause0 it is patoy. &as blood intentionally s#illedL This is the essence of patoy.

+,am#le:

<A= and <B= were drin-ing in a restaurant at the #ublic mar-et of Bulanao0 Tabu-0
1alinga/ <A= said something which <B= resented/ <B= bo,ed <A= on his face hitting
him in the mouth and <A@s= li#s was in?ured and one tooth has to be remo%ed as a result
thereof/

<B= howe%er is liable for less serious #hysical in?uries and the ma,imum ulta is
for <B= to butcher a #ig/

How about if instead of his bare hands0 he used a #iece of wood or a stoneL

"till there is only #hysical in?ury/ )nly the ulta is increased to one carabao/

+,am#les:

<A= and <B= were drin-ing beer at one of the stalls in the mar-et in Bulanao/ <A=
got a beer grande bottle with its contents and struc- <B= on his head/ <B= sustained
in?uries/

It was held that the crime committed is not patoy but #hysical in?uries/ <B= was
therefore made to #ay one carabao as ulta #lus the customary e,#enses in connection
with the settlement of the case/

Where a bladed +eapon s used- the denomnaton of the offense s pato!

In one case0 the facts are follows:

<A= was a bit drun-/ He was inside a ?ee#/ <B= and <$= made some ?o-es to <A=
which he resented and drew his -nife/ <B= and <$= scam#ered outside and they were
immediately followed <D= who was on the to# load of the ?ee#0 saw what was ha##ening/
He ?um#ed down and immediately restrained <A= at his bac-/ <A= stab <D= with said
-nife by swinging his hand to his bac-0 hitting <D= who shouted for hel# from <B= and
<$= who both res#onded immediately/ They wrested the -nife from <A= and
stabbed the latter thrice at the %ital #arts of his body/ <A= was rushed to the hos#ital and
he sur%i%ed/

In was held that <A= %iolated the #agta/ His crime is patoy/ But instead of sending
the butu0 the tribesmates of B0$ and D agreed among themsel%es that the case should be
settled among the #arties/ After confrontation0 it was held that <A= should answer for the
tingiting and songa of <D=/ <D= and his com#anion li-ewise ga%e a #ig
as songa and a chic-en as tingiting to <A=/ in li-e manner0 B0 $ and D were res#onsible
for the hos#ital and medical e,#enses of <A= and <A= li-ewise #ay the medical e,#enses
of <D=/

But inasmuch as <A= %iolated the pagta0 the bodong reEuired him to #ay
a ulta of two carabaos and <D= and com#anions were made to #ay a ulta of one big
#ig/

It was so decided this way for if the butu will be sent and the bodong holder will
drastically act to a%enge the wrong done0 then trouble will eru#t and e%entually
the bodong will be se%ered/ (3ubo %s/ Butbut)/

&here both the #arties were in?ured0 each will be res#onsible for the conseEuences of his
actsF set off

Case:

It was 5:JJ o@cloc- #/m/0 <B= was wal-ing along a dimly lit street at Puro- 40
Bulanao0 Tabu-0 1alinga/ &hile wal-ing0 <A= drew out his -nife and stabbed <B=
inflicting in?uries on <B=/ <B= drew out his gun and shot <A= who died/

The case was settled/ <A= was ad?udged as the buug-uy 7%iolator of
the pagta)0 but because he is dead and <B= was only defending himself0 <B= was held
liable to the death of <A=/ he was to #ay P 4JJ0JJJ/JJ/ <A= was the %iolator and he was to
answer for the in?uries sustained by <B=0 <A= and his tribesmates has to #ay Fifty
thousand #esos (P:J0JJJ/JJ) as mandated by the #ro%ision of the #agta/ There was set off
and the tribesmates of <B= #aid Fifty Thousand #esos (P :J0JJJ/JJ)/ &ith this settlement0
the bodong was restored/ (9angali %s/ 9aducayan)/

$ase: Dananao %s/ Bangad

<A= and some lady com#anions were on board a -uliglig from Agbannawag0
Tabu- heading for Barangay 3acnog/ <B= who was at the -ios- (waiting shed) whistled at
the lady com#anions of <A=/ <B= hearing the remar-s of <A= went near the -uliglig which
momentarily sto##ed in the middle of the road/ "ome remar-s e,changed between them/
<B= bo,ed <A= who was in?ured on the mouth/ <A was about to draw his bolo but <B=
wrestled with <A= with the #ossession of the bolo/ <B= was in?ured by the bolo on his
hand/ The com#anion of <B= went to the succor of <B= and -ic-ed <A= and his feet was
in?ured with said bolo/ &hile <A= was running away0 he was stoned on the head/

The #arties agreed for amicable settlement and after much debate0 it was held that
<A= has to #ay <B= the sum of "i,ty Thousand Pesos (PIJ0JJJ/JJ)/

It was found out that both <A= and <B= were at fault/ <B= was ad?udged as guilty
for bo,ing <A=/ 3i-ewise0 it was shown that <A= was also hit with a stone on the head
and was in?ured/

For ha%ing started the fight and for inflicting in?uries on <A=0 <B= was reEuired to
#ay the ma,imum #enalty (ulta) of one carabao/

For drawing out a bladed wea#on (patado) in retaliation0 the act of <A= is not
?ustified/ The pagta says if you are bo,ed0 you may bo,2 but you are not allowed to use a
bladed wea#on (patado) and because <B= and his com#anions were in?ured with the use
of a bolo0 <A= has to #ay the ma,imum ulta of . carabaos as #ro%ided by "ec/ .0 Art/ I
for the two (.) in?uries/ <A= has to #ay four (7) carabaos but because he was also in?ured0
one (4) carabao should be deducted/

The %alue of B carabaos is more or less roughly #egged at Fifty Thousand #esos
(P:J0JJJ/JJ)/ Howe%er0 because <A= did not gi%e any amount for medical e,#enses0
the songa and the customary e,#enses0 the amount of P 4J0JJJ/JJ would seem reasonable
for said #ur#ose/ Hence0 the settlement is "i,ty Thousand Pesos (PIJ0JJJ/JJ)/

(ote: The amount of damages could ha%e been higher if <A= drew out the bolo
and struc- <B= and his com#anion with it/ The intention to in?ure is not %ery clear as he
drew his bolo/

"ection ./ If patoy results to death0 the #enalty *dusa# is ten (4J) carabaos or
its eEui%alent %alue in terms of land0 antiEue ?ars (gusi#, gold0 beads or cash0
inclusi%e ofpatong-al, paata 0 imbaluwanAsiglot and pinadatong. In addition
thereto0 he shall #ay three (B) carabaos as butu to the offended #eace #act holder0
one to be gi%en to hiskasupang and the other one to be butchered during the
amicable settlement #lus reasonable customary damages/

The #enalty is #egged in carabaos/ The reason for using carabao as e,change of
%alue is its a%ailability and abundance and inflation is a%oided as it is determinable/

It could howe%er be #aid in cash0 lands and heirlooms/ The reason for allowing
this mode of #ayment is to facilitate easy #ayment and the early resolution of the case/

(usa are damages to be gi%en to the offended0 including patong-
al, paata and inbalu$an/siglot (the amount gi%en to the widowAerF

Pa-ata (rootword is ATA 2 eyes)

$ase:

$asiw was -illed by !ustom Iwangga et/ Al/ Aside from #aying antiEue ?ars0
!ustom has to #ay three (B) carabaos to the offended bodong holder (from his own
%illage)0 this is to a##ease his anger for the -illing was a direct insult to his authority/ This
is called the butu (groin)/ 3i-ewise0 he is reEuired to gi%e one (4) carabao to
his kasupang (counter#art #eace2#act holder) as a to-en and a symbol that the case has
been settled amicably/

"till0 the offender has to #roduce one (4) more carabao to be butchered and ser%ed
to the #ublic who came to attend the settlement/

"o0 all in all0 he has to #roduce Thirteen (4B) carabaos/ Because this is -illing0
some rituals ha%e to be #erformed such as pakan/sikdug and dalan/pasulkod/

!ituals 2 any form of action #erformed according to a #rescribed set of rules0
usually with symbolic meaning/

The following are the e,am#les of the rituals:

a) Kabkab 2 before ser%ing meals0 the host will gi%e a #an0 #ut water in it0 #ut
coins or iron instrumentsAtools and embers into the water together with lea%es of reeds
(apin# tied into a -not (purdos/puldos)/

+ach of those who #arta-es of the meal will di# their fingers into the water and ti#
their stomach/ They then get a coin or any iron instrument/

This is done #ursuant to the common belief that if the said ritual is not done0 the
stomach of those who ate submerged into a #an of water are belie%ed to #re%ent the
escalation of the conflict and it li-ewise symboli8es that the conflict ends/

b) Pakan/ gusgus 2 any amount or material thing to be gi%en by the offender to the
immediate relati%es of the %ictim before they #arta-e of the meals/

Another case:

A shot B his issued armalite rifle/ B died as a result thereof/ For said -illing0 A
ga%e one (4) hectare of irrigated !iceland %alued at )ne Hundred Twenty Thousand #esos
(P 4.J0JJJ/JJ)/

"ection B/ If for any reason the %ictim sur%i%es0 the #enalty shall be as
#ro%ided for under "ection ; of this Article/

!efer to annotation under ;05 and 4J of this article/

"ection 7/ Patoy may be committed under any of the following
circumstances0 which includes but not limited to: ba-ug, ngosngos, sanob0 loong,
liput, aladas, $ak$ak, kodot, anud akak.

This section #ro%ides for the manner of and the circumstances under which the
-illings were committed/

Ba-ug 2 when a bodong holder or his relati%e -ill a kabodong/

Makak/ngosngos are the other terms in (orthern 1alinga/ This is the ugliest -ind
of -illing/ It entails lifetime stigma (uya$#/ The #enalty should be higher from that of the
ordinary -illing (patoy#/

+anob 2 ambushcade

,oong/,iput 2 -illing in secluded #lace

Kodot 2 -illing by #oisoning

%nud 2 -illing by drowning

$ases:

4/ A0 B and $ went to a barangay in Tinglayan0 1alinga/ &hile in that
barangay0 all of them were -illed/ The crime committed is ba-ug0 because they -illed
their kabodong/ This is the worst -ind of -illing to a 1alinga/ It is taboo
(paniya$/kaniya$) and it is belie%ed that the life of the -iller is
shortened and his clan shall not #ros#er in life (akuras/auas#.

./ A is the son of a bodong holder/ A stabbed B who is from the
subtribe with whom his father is the bodong holder/ It was held that the
crimecommitted is akak/ngosngos/

"ection :/ Procedures when there is patoy (murder) 2 where a binodngan is
-illed or in?ured0 the aggrie%ed #arty may a%ail of the remedies #ro%ided for by the
regular courts of ?ustice0 or he may go to the bodong/ If he chooses the bodong0 the
following #rocedures shall a##ly:

./ The offended #arty must re#ort the patoy to the bodong holderF

./ The bodong holder of the aggrie%ed #arty shall first refer the case to
his kabodong or kasupang (bodong holder of the other subtribe) by sending
the bugsung/ busdung di butu with the accom#anying letter narrating the facts of
the caseF

./a C#on recei#t of the bugsung/busdung0 the bodong holder will in%estigate
and wor- for the settlement of the case/ 9eantime0 he will cause for the gi%ing of
the papod to the offended #arty to #reem#t #ossible %engeance'

Papod 2 this refers to cash or anything of %alue gi%en by the offender or subtribe
to the offended #arty/ )nce this is acce#ted0 it signals the intention to settle the case
amicably and not to re%enge/ 3iterally0 papod means <to sto#A#re%ent= re%enge or
se%erance of the bodong/

If as a result of the intentional -illing and the %ictim dies0 the minimum amount
of papod is one (4) carabao or its eEui%alent %alue in cash/

./b if no settlement is reached0 after consultation with the offender0 his
relati%es and tribesmates0 he shall inform his kasupang.

./c u#on recei#t of the notice of non2settlement0 the bodong holder will
inform the aggrie%ed #arty who is gi%en the o#tion to go to court or to ha%e
the bodong se%ered/

./d If the aggrie%ed #arty0 after consultation with the bodong holder and
the uili o#t for the se%erance of the bodong0 then the bodong0 then
the bodong holder will now send to his kasupang the gopas (notice of the
se%erance) duly a##ro%ed by the uiliF

-opas / porting 2 This is the formal ritual of the intent to se%ere the #eace2#act/ It
is done be sending a notice of se%erance of the bodong with a coin wra##ed in a #iece of
red cloth #ersonally deli%ered/

Ta-e note that the other subtribe must formally acce#t the gopas and a grace
#eriod of thirty (BJ) days as #ro%ided in subsection .(e) of Art/ I0 "ec/ :/

This #rocedure was #laced to highlight the im#ortance of the bodong being in
#lace/ +%ery stumbling bloc-s are #laced to gi%e am#le time for both #arties to amicably
settle the case/

./e &hen the gopas is #ro#erly and formally acce#ted by the offending
#arty0 bodong holder and the uili, then the bodong is finally se%ered effecti%e BJ
days from recei#t of the acce#tance of the se%eranceF

./f "hould the bodong be restored0 the offending #arty will #ay the dasak.

This #ro%ides for the #rocedure before the bodong is se%ered due to intentional
-illing or infliction of in?uries/

The sending of the busdung/bugsung di butu is a ritual #erformed to re#ort
the incident to the kasupang/

This does not mean se%erance of the bodong *gopas)

It is done by sending a #iece of red cloth (condian)/
3iterally0 busdung/bugsung mean <wra# of the groin= together with a letter narrating the
facts/ This could be the eEui%alent of a formal com#laint/

Butu is used because of the <life2gi%ing= characteristic of the bodong/

Mabutuan (to ha%e an enlarged scrotum) symboli8es death 2 symbolic of the
%iolation of the pagta 2 and if the bodong holder will not wor- out for the immediate
settlement of the case0 he is loo-ed down with disdain/

"ection I/ +arak/sarsa/sola/losob 2 when a binodngan -illed was not the
intended %ictim0 there is no bug-uy. By way of amicable settlement0 the offender
will #ay ten (4J) carabaos #lus reasonable damages/ If there is only in?ury0 then the
#enalty shall be those #enalties #rescribed under Art/ '0 "ection 4/

This #ro%ision embodies the #rinci#le of <mista-e in identity=/ The #enalty is also
ten (4J) carabaos because from the outset0 the offender had the intention to -ill/ He is
made liable for the conseEuences of his %oluntary acts/

But because there was no intention to -ill his %ictim0 this #ro%ision e,cuses him
from #aying the butu and he is deemed in the eyes of the bodong not to ha%e %iolated
the pagta *no bug-uy)/

There was no intention to insult the bodong holder and no disres#ect or disregard
to the bodong/

!easonable damages is e,#lained earlier/ For in?uries as a result of saraak0 etc/0
see annotation on #hysical in?uries/

+araak/sarsa/sola/losob are one and the same terms and of the same im#ort/
These are different a##ellations gi%en by subtribes

!araak

The situation contem#lated in saraak is where a #erson with intent to -ill a
#erson whom he thought was an enemy subtribe but it turned out later that said %ictim is
not from the enemy subtribe/ This is also true with losob.

+,am#le:

The subtribes of A and B are in conflict with each other/ A saw $ and thin-ing that
he is from the subtribe of B0 inflicted in?uries on him/

!ola and !arsa

In this situation0 the intended %ictim is -nown by the assailant from the %ery
beginning but because of #oor mar-smanshi# or other reasons0 another #erson was in?ured
other than the intended %ictim/

+,am#le:

<A= saw <B= whom he -nows %ery well to be an enemy/ He run after him but
mi,ed himself with the crowd/ <A= already #ressed the trigger and what was hit was a
bystander0 named <$=/

Is <A= liable for the ci%il indemnity/ N+"0 he is liable for the conseEuences of his
%oluntary act/ Besides0 he was negligent/ But the bodong between B and $ if $ is
a binodngan will not be affected/ The conce#t is li-e that of sola.

$ases:

"ubtribes A and B are at war with one another/ Fi%e #ersons from subtribes <A=
went within the bugis of subtribe B on a kaya$ e,#edition and laid an ambushcade/
"omeone came in hi-ing along the trail where they waited and was ambushed by those
from the subtribe A -illing him/ It turned out that the %ictim is from subtribe $ co%ered
by another bodong/

It was held that this is a case of saraak. The reason is that before they went for
a kaya$0 the other subtribes were duly informed not to go within the bugis of their enemy
subtribe/

0ote:

Cnder #resent day bodong ?uris#rudence0 it seems that the conce#t has been
broaden0 for e%en -illing in the bugis of other subtribes are claimed to be +araak. This
should not be the case0 for the #eo#le from any subtribe ha%e the right to be safe within
their bugis/

$ase: Tulgao %s/ Bangad

"ubscribes A and B were at war with one another/ $ was tending his -aingin
which is within their (<$=) bugis/ $ was -illed by men from subtribe A/

It was held that this is saraak which should not ha%e been the case/ At any rate0
the indemnities were #aid in accordance with his #ro%ision as the #arties %oluntarily
agreed for settlement/

Penalty:

&hether saraak, sola, losob/sarsa0 the #enalty is ten (4J) carabaos #lus other
customary damages if the %ictim dies/

If the result is in?ury0 only the #enalty is de#endent on the gra%ity of the in?ury/

"ection 6/ &here offenders who belong to different bodong -ill or in?ure
any binodngan and it could not be ascertained who actually -illed or in?ured the
%ictim0 then said offenders shall be #enali8ed li-e patoy, share and ali-e/ The case
will be treated as one case only/ They shall li-ewise contribute for the e,#enses of
the settlement and customary damages0 #ro%ided howe%er0 that where it is found
out that the grou# belongs to an organi8ed syndicate0 they shall indi%idually answer
for the butu.

This contem#lates of a situation where there was a tumultuous affray (free2for2all
fight) and it could not be determined with certainty who among them inflicted the fatal
would/ Cnder this circumstance0 all of them are liable to #ay the indemnity in eEual
shares/ There will be only one case/ Howe%er0 all of those who ?oined in the fight will
answer indi%idually for the indemnity *butu# due the bodong holder. They will share the
e,#enses for the settlement of the case/

+,am#le:

A0 B0 $0 D O + are from different subtribes/ They were all eating at the +milia@s
1itchenette/ Trouble eru#ted and after the fight F was found dead on the floor and it
could not be ascertained who inflicted the fatal wound/ Are they liableL Nes0 all of them
are guilty of -illing F/ They will #ay ten (4J) carabaos0 #lus damages share and share
ali-e/

A0 B0 $0 D O + are liable to #ay the butu indi%idually #ayable to the
offended bodong holder from their res#ecti%e subtribe0 in addition to their share of the
#enalty/ +ach offender shall gi%e one carabao to the offended bodong holder/

"ection ;/ "erious Physical In?uries 2 &here the %ictim did not die due to
any reason0 the offender is liable to #ay fi%e (:) carabaos/ In addition thereto0 he
shall #ay the medical and hos#itali8ation e,#ense0 #lus the customary tingiting,
botok and songa where a##licable/ He shall li-ewise #ay one (4) carabao to the
offended #eace #act holder and P40JJJ/JJ as pagikna/

+lements of the crime:

4/ A binodngan inflict in?ury to another binodngan
./ The in?ury must be serious/

Cnder the pagta0 there are no frustrated or attem#ted -illings/ Frustrated -illings
are included in serious #hysical in?uries/ If the -illing is only on its attem#ted stage0 the
crime is treated as a-a orlayat0 which is #unishable by a ulta, the highest of which is
a carabao or it could be a #ig/

&hat is meant by the #hrase <serious=L

As used in this pagta0 the seriousness of a crime is not measured strictly on the
number of days of confinement or disability/ For as long as a deadly wea#on is used0 the
crime committed is serious/

(ote: In determining the #enalty0 the <seriousness= of the crime is determined by
the -ind of wound and its location and how fatal it is/ But for as long as a #erson is
confined for more than a month0 then it is reasonable to assume that it is serious/

Penalty:

"ection ; #ro%ides that the #enalty for serious #hysical in?uries is fi%e (:)
carabaos0 or its eEui%alent %alue in cash or ricefields or heirlooms/

In addition to said #enalty0 the offender must #ay the following:

4/ Hos#itali8ation e,#enseF
./ .ingiting (one chic-en) and a #ig (songa)F
B/ BotokF
7/ )ne carabao to the offended bodong holderF and
:/ P40JJJ/JJ as pagikna to be gi%en to his kasupang/

In actual conflict resolution0 these #ro%isions are used mainly as guidelines in the
settlement/

The elders usually consider the ability to #ay of the offending #arty and for how
much the offended #arty would acce#t freely as satisfactory settlement of the case/

"ection 5/ &here the in?ury is less serious0 the offender shall gi%e to the
%ictim by way of #enalty two (.) carabaos and shall li-ewise shoulder the medical
e,#enses including the customary tingiting, songa, batok/sipat where a##licable
and P:JJ/JJ as pagikna/

The #enalty for less serious #hysical in?ury is two (.) carabaos/ Howe%er0 the
offending #arty must shoulder also the medical and hos#ital e,#enses/ In addition0 he will
#ro%ide the tingiting, songa, botok and pagikna0 where a##licable/

For %iolating the pagta0 he is made to #ay one (4) carabao to the
offended bodong holder0 and another P40JJJ/JJ to his kasupang/

It should be noted that the #hysical in?uries treated in "ections ;0 5 O 4J are all
intentional felonies as distinguished from in?uries inflicted through rec-less im#rudence/

$mportant +ords and phrases:

.ingiting - It is the ritual where a chic-en@s feet is cut (wounded) to draw blood0
then the same is a##lied to the wound0 e%en as a #rayer is said that said wound should not
get swollen and it should heal immediately/

+onga 2 on the other hand0 is a #ig butchered0 usually after the %ictim shall ha%e
been discharged from the hos#ital or ha%e recu#erated/ Again0 the #ur#ose is to offer the
#ig in #rayer for the early reco%ery of the %ictim/

Botok 2 Bead or beads to be tied around the wrist or where the wound is0 to
#re%ent the in?ury from swelling/

"ection 4J/ &here the in?ury is slight0 the #enalty is one (4) carabao #lus
medical e,#enses incurred and PBJJ/JJ as pagikna.

If the in?ury is slight0 the #enalty is one (4) carabao/

Pagikna 2 is the amount gi%en by the #eace #act holder to his kasupang/ It could
be in cash or in -ind/ This is gi%en as a signal and a to-en that the case has been finally
settled/

In less serious #hysical in?uries and slight in?uries0 there are still customary
damages to be #aid including pagikna/

The reason is that0 the crime is relati%ely light to warrant the #ayment of
damages/ Howe%er0 pagikna is gi%en as this is to let the other bodong holder (kasupang)
-now of the fact of settlement/

"ection 44/ &here two (.) fought it out and one or both of them is in?ured or
-illed0 each #erson shall be liable for the conseEuent act he inflicted/ The #erson
who started the fight (buog-oy# shall #ay the customary
e,#enses0 ulta and pagikna to the bodong holder/

The section co%ers a situation where one binodngan has inflicted or is about to
inflict in?ury to another binodngan who reacted and fought it out/ If both are -illed0 then
they are e%en in the eyes of thebodong/ Howe%er0 if one or both are in?ured0 then each
shall be liable for the act he inflicted/

Howe%er0 u#on #ro#er in%estigation by the bodong0 the #erson who started the
aggression is liable to #ay the butu to the offended bodong holder/ In the eyes of
the bodong, he was the one who %iolated the #ro%ision of the pagta/

In one case0 >ohnny (not his real name) from 3ubo was with his com#anions about
to board a center car in Dagu#an/ &hile waiting0 Pedro from Butbut0 who was drun-
came and was ma-ing trouble/ >ohnny tried to #acify him0 but instead of obliging0 Pedro
drew his fan -nife and thrust it u#on >ohnny who suffered su#erficial wound/ >ohnny
wrested the -nife and stab Pedro who was seriously wounded/

It was settled in a way that >ohnny0 aside from the tingiting and the songa, #aid the
medical e,#enses/ Pedro was made to #ay the bodong holder of Butbut one (4) carabao
for the %iolation of thepagta *pot-ak) as it was Pedro who started the fight and he was
reEuired to #ro%ide tingiting and songa.

"ection 4./ Any #erson who in defense of his #erson0 a relati%e or
com#anion0 -ills the aggressor0 shall not be liable and the act does not
constitute Bug-uy/ Howe%er0 he may gi%e reasonable financial assistance to the
family of the deceased/

This is what we call the #rinci#le of self2#reser%ation/

A/ "elf2Defense: "ee annotation under Art/II0 "ec/ 60 (i)F

B/ Defense of a !elati%e 2 we ha%e in the bodong the #rinci#le called koko or putut0
which sim#ly means that any law abiding binodngan ought not to in?ure or -ill
another (whether binodngan or non-binodngan) when the intended %ictim is in the
com#any of another binodngan/ If he #ersists in inflicting in?ury0 and he succeeded0
the #erson in whose com#any the %ictim was0 must be #aid one (4) carabao by the
offender0 in addition to the #enalty of the offense he committed/

Howe%er0 if the #erson in whose com#any the %ictim was0 in?ures or -ills the
assailant0 he is not liable to #ay the butu to the bodong for he is only a%enging a
%iolationAstigma committed against his honor/ This is the basis of the #ro%ision/ There is
no bug-uy.

&hy do "ection 4. states that the #erson defending his #erson or #ro#erty <may
gi%e reasonable damages0 when he was defending himselfL

The reason is that e%ery 1alinga -nows that because of the incident0 the
harmonious and #eaceful relationshi# between the assailant and the %ictim is restrained/
3egally0 he is not reEuired to #ay but morally0 he -nows that he has ta-en away a life
andAor has in?ured someone and there could ne%er be #eace without ?ustice/ He therefore
#ays damages to a##ease the anger and to assuage the #ain of loss and suffering of the
other #arty/ By tradition0 to ha%e #ermanent #eace0 the #arties can arrange for the
intermarriage of their sons and daughters0 so that whate%er dusa gi%en becomes the
#ro#erty of both their children gi%en in marriage/

"ection 4B/ &hen the #erson robbed under e,treme circumstances0 -ills the
thief0 robber or hold2u##er0 there is no bug-uy/ Howe%er0 the offended may e,tend
reasonable financial assistance to the family of the %ictim/

This section refers to the right of e%ery owner to #rotect his #ro#erties/ Cnder the
#ro%ision0 he may utili8e reasonable force to #rotect his #ro#erties/ If the robber howe%er
fights bac-0 and in the #rocess is -illed0 there is no liability of the #ro#erty owner for such
death/ Howe%er0 as is the #ractice here in 1alinga0 the assailant may gi%e whate%er
financial assistance to hel# defray the e,#enses incurred in connection with the said
death/

$ases:

)ne morning at Puro- :0 Bulanao0 Tabu-0 1alinga0 two #ersons were disco%ered
dead along the road/ It a##ears that at about 7:JJ o@cloc- in the morning0 +dgar allowed
the <#andesal= boys to enter their ba-ery to get <#andesal= fro them to sell/ The two
armed men0 entered and announced a hold2u#/ +dgar #ut u# a fight and the robbery was
foiled/ The two robbers scam#ered away wounded/ Howe%er0 they died/

For such deaths0 the #arents of the robbers tried to claim for damages0 but they
were unsuccessful/

)8nder e6treme crcumstances*

This #hrase was inserted to safeguard the #ossibility of any -illing done in the
guise of #rotecting one@s #ro#erty/ This is a recognition of the #rimacy of life o%er the
right to #ro#erty/ In order for the -illing to be ?ustified0 meaning0 for the bodong to be
unaffected0 the situation must be such that the assailant@s life is in immediate #hysical
danger/ In other words0 it is a situation where it is either the life of the robber or of the
#erson defending his #ro#erty/

"ection 47/ &here two #ersons agree to a duel and one is -illed0 then there
is no bug-uy and liability/ Howe%er0 he shall gi%e reasonable financial assistance to
the family of the deceased/ If both are -illed0 then there is no bug-uy and liability/

This section co%ers what is called as duel/ It is a situation where two #ersons ha%e
agreed to a fight on a #reset time and #lace0 and if because of the agreement to fight0 both
were -illed0 there is no bug-uy/ The bodong is not affected/

This situation does not obtain where a #erson would go to the house of another
#erson and challenges the latter for a fight/ In such a situation0 if the challenger is -illed
or in?ured0 there is no bug-uy. The reason is that the assailant ne%er agreed to a fight/ In
fact0 it was the %ictim who started the fight or trouble/

+,am#le:

A was a bit drun-/ He armed himself with a bolo and #roceeded to the house of
B/ &hile thereat0 he challenged B for a fight/ B went and they fought and A was -illed/

Is A liable to #ay the butuL (o/

Is the bodong affectedL (o/

Howe%er0 B has a limited obligation/ He may gi%e damages/ The reason is that he
has no fault/ It is A@s fault/

"ection 4:/ %-a (ga%e threat) 2 &here the offender threatens to -ill
another binodngan by words or deeds0 he shall be #enali8ed (aulta) with one (4)
carabao/

In the olden days0 ga%e threat was not an offense under the pagta/ The #rinci#al
reason is that the #erson who did it had really no intention to -ill or to in?ure a #erson he
threatens/ It may ha%e arose from the heat of anger/ )therwise0 if he had the intention0
then why did he do itL

Cnder the new #ro%ision0 it is now #enali8ed by one carabao0 the same to be
butchered and for all who are #resent to eat/

$ase:

9en from 3ubo went to Bangad/ &hile there0 a man from the #lace was %ery
angry at them/ In fact0 he unsheathed his bolo and with it0 struc- the ground where
the &lubu were seated0 each trying to mo%e a bit further away as the blows comes nearer to
them/

The #eo#le from 3ubo ?ust charged it to e,#erience e,#laining that they were not
hit anyway so why ma-e a case out of it in the bodong/


"ection 4I/ Putut / Koko 2 &here a binodngan is -illed in the #resence of
or in the com#any of another binodngan0 the binodngan offender shall #ay a fine
(ulta# of one (4) carabao to the #erson in whose com#any a crime was committed0
in addition to the #enalty of the crime of -illing/

"ee annotation under "ec/ 4.0 this Article/

"ection 46/ .uyuk 2 &here a #erson through his acts or words induce another
to -ill or inflict to another #erson0 the #enalty shall be a fine (ulta) of fi%e (:)
carabaos/

Elements of tuyuk:

4/ A #erson induces another #erson to -ill or inflict in?ury to another #ersonF
./ Through words or deedF and
B/ The intended %ictim was -illed or in?ured by the #erson induced to commit the
crime/

Penalty:

The #enalty is #egged at : carabaos or its eEui%alent/ It may be as-ed why the
#enalty is Euite high considering the fact that he was not the one who -illed or in?ured the
%ictim/ Howe%er0 in the eyes of the pagta0 he #artici#ated in the commission of the crime
as #rinci#al by inducement/

The #enalty #ro%ided here is different from the #enalty of the #rinci#al by direct
#artici#ation/

+,am#le:

A and B are friends/ They went to a night club for some drin-s/ A met his long
time enemy named $/ A then shot $ but because of #oor mar-smanshi#0 $ was not hit/ $
-nows %ery well A O B to be close friends and tribesmates0 and because A ran away0 $
stab B with whom he has no grudge at all0 e,ce#t that he was only a com#anion/

Is A liable to the in?ury inflicted on BL N+"/ He is liable because if he did not
shoot $0 then $ would not ha%e stabbed B/ This is inducement by act/

"ection 4;/ &bit 2 &here a #erson by design un-nown to the %ictim #oints to
the %ictim or accom#any the assailant and #oints to the #erson and the %ictim
#ointed to was -illed0 the offender shall #ay a fine (ulta) of fi%e (:) carabaos/

Cnder this Article0 what is #enali8ed is the inducer 2 say mastermind0 who may
ha%e an a, to grind against the intended %ictim/

Dstncton bet+een tuyuk and ibit:

In tuyuk0 the %ictim may not ha%e any fault at all/ It is the inducer who was at
fault/ The %ictim is ?ust that 2 a %ictim whose only fault was for being at the wrong #lace
at the wrong time/

In &bit0 the %ictim and the assailant may ha%e some misunderstanding or that their
subtribes may be at war with each other so that the role of the <angibit= was to #oint to
the %ictim who maybe his friend and is -nown by them/ The assailant does not -now the
identity of his %ictim #ersonally/

+,am#le:

A is from $agaluan and B is from 3ubuagan/ Because of the brewing tribal war
between the #eo#le of $agaluan and 3ubuagan0 each is loo-ing for the other to re%enge/
$ who is from 3ubo -nows B0 a #erson from 3ubuagan/ $ has a grudge against B/ "o
what he did was to accom#any A to where B is staying/ A in?ured B/

Cnder this circumstance0 $ is liable under this section for without him0 who
#ointed to B0 B should not ha%e been -illed/

"ection 45/ .utuk 2 Any binodngan with intent to -ill #oints his gun or
deadly wea#on to another binodngan is liable/ The #enalty is a fine (ulta# of two
(.) carabaos or its eEui%alent in -ind or cash/

&hat is #unishable here is the act of #ointing a gun or other deadly wea#on/
There must be intent to -ill/

Intent to -ill is a #ure mental #rocess0 so that the surrounding circumstance must
be considered if only to arri%e at a reasonable conclusion that there is really the intent to
-ill/

For instance0 there could ne%er be tutuk if it is found out that the gun used is but a
toy gun/ There could ne%er ha%e been any intent to -ill under this circumstance/ It could
ha%e been a #ractical ?o-e/ But it is different where a toy gun is used as a means to
commit robbery and in fact he succeeded in di%esting the %ictims of cash andAor
%aluables/ The crime committed is robbery0 not tutuk/


ART$CLE /$$
CR$ME& COMM$TTED $0 /$OLAT$O0 OF T,E B"GI!

"ection 4/ Any binodngan who re%enges in the <Matagoan= 8one of life0
shall #ay0 in addition to the #enalty for the crime committed0 a fine (ulta) of one
(4) carabao #ayable to the offended bodong holder/

This is a new #ro%ision intended to address the tide of criminality in Tabu-/
+s#ecially that Dagu#an and Bulanao are not within the defined bugis of any bodong0
hence any one can re%enge there for there is no #articular bodong to fear0 to go after the
cul#rit/ Cnder the old conce#t0 we call this pupulligan 2 literally translated as <-illing
8one= or <#lace where head rolls=/

&e ha%e been witnesses to se%eral -illings by binodngan against
another binodngan here in the 9etro#olitan Tabu-0 causing so much economic dislocation
and disru#tion on the acti%ities of thebinodngan. "tudents Euit schools and wor-ers
lea%es their #laces of wor- whene%er subtribal conflict occurs/

This #rom#ted the 1alinga leaders to declare Tabu-0 among other #laces as
<Matagoan Hone= or <Hone of life/=

It is #ro%ided now0 that any %iolation of the #ro%ision is #enali8ed by #aying one
carabao to the offended bodong holder/

For instance0 when there is an e,isting subtribal conflict between 3ubo and
3ubuagan0 both tribes are #rohibited from ta-ing re%enge in the <atagoan area= so that
if a #erson from 3ubo re%enges here in Tabu-0 then he must #ay one carabao to
the bodong holder of 3ubo for not being res#ected as such bodong holder.

"ection ./ &hen a binodngan or angili (%isitor) enters the ili (%illage) of
another binodngan and his #ro#erty is stolen or lost0 the #eace #act holder or the
host shall return the item lost or its %alue to the %isitor/ The bodong holder A host0
when the offender is found0 shall cause the offender to #ay the cost of the items lost
and be fined (aulta)/

This #ro%ision is the translation of the beautiful #ractices of our #eo#le here in
1alinga where a %isitor is res#ected and treated with much la%ishF when a %isitor enters a
%illage and he drin-s in a house0 or #arta-es of any food0 he is #rotected by the #erson
who offered him the food or water/ His life and #ro#erties are secured/

Disres#ect or insult to the %isitor is an insult or disres#ect to the host
(naangili#/

The #ro%ision a##lies whether a %isitor is a binodngan or not/ &hen a #ersonal
belonging of a %isitor is lost or stolen and des#ite in%estigation0 it is not found0 the host
#ays the %alue of the items lost or stolen as the %isitor is lea%ing0 and could not await the
result of the in%estigation/ Howe%er0 should the cul#rit be found out later0 the host shall
be reimbursed his e,#enses and the cul#rit is made to #ay a ulta/

"ection B/ &hen in the #rocess of trying to reco%er a stolen large cattle and
foot#rints are last seen within the bugis of another ili0 the thief is #resumed to be
from the ili, in which case0 the ili through the bodong holder will #ay the %alue
thereof/

&e ha%e here a #resum#tion of law that where the last hoof#rint is found within
the territory of an ili0 the pagta states that the thief must be from that ili/ But if the
community #eo#le satisfactorily e,#lain or #oint out to the thief (for it is im#ossible for
the barrio fol-s not to ha%e seen the cul#rits)0 then said #resum#tion is rebutted/

The reason for this #resum#tion is that the barrio fol-s would not want to
contribute for the #ayment0 hence they are e,#ected to re#ort whoe%er they ha%e seen
trying to trans#ort the carabao or large cattle/ 3arge cattle include carabao0 cows0 e%en
horses/

The same #resum#tion is a##lied by analogy when a #erson is found dead or
missing within the bugis of another bodong/ If after e,hausti%e in%estigation and %arious
circumstances show that he could ha%e not been -illed by anybody other than the #eo#le
from the #lace0 it could be reasonably #resumed that the assailant is from the #eo#le in
whose bugis the #erson was found dead or missing/

+,am#le:

"ometime in the early 456J@s0 a grou# of men and women from the subtribe of
Basao went to Dao2angan0 Balbalan for a bodong celebration/ After the celebration0 the
councilor from Dao2angan in%ited and accom#anied the grou# for
a pasadang (entertainment) at his residence at Bin2ac0 a sitio of Dao2angan/ )n the way
at "itio $omyaas0 while ta-ing their coffee together with the councilor and other0 the
oldest of the grou# for un-nown reason suddenly hac-ed the councilor with his bolo at his
mouth/ Instantaneously0 the grou# scam#ered and ran away towards different directions
of the forested areas of Dao2angan/

Thereafter0 all the members of the grou# were accounted for0 e,ce#t the assailant
who was found missing u# to this day/

&hen the councilor reco%ered0 he filed a case in court but the case was amicably
settled/

Nears after0 the subtribe of Basao claimed that the missing assailant was -illed by
the subtribe of Dao2angan based on the #resum#tion by analogy under this "ection and
therefore were reEuired by thebodong to indemnify or #ay the <apas= as the case may be/

The Dao2angan subtribe settled the case of the missing member of the subtribe of
Basao in the amount of P.J0JJJ/JJ/ The bodong between the two subtribes was then
restored/

"ection 7/ (iok di pita (stained or soiled bugis) &here patoy is committed
within the bugis0 the offender shall #ay darus/diok pita0 without #re?udice to the
claim ofbanat/

This is a-in to the conce#t in the atagoan area/ The territorial integrity of
any ili should be res#ected/ It is the <popoyya-a$an= (#lace where to ha%e fresh air) to
tribes with tribal war or for subtribes with #ersonal enemies/ It is a sanctuary where
whoe%er is there should not be molested while they are there/

If the sanctity of the bugis is %iolated0 by s#illing blood therein0 the %iolator has to
#ay a carabao as ulta/ The term of the ulta is dalus (cleaning of the stains)/

$ase:

"ingyao is from 3ubo/ They ha%e a kaingin in Pangol and they are tem#orarily
residing there/ "ingyao has a beautiful wife and he sus#ected that his wife is seeing
another man/ )ne day0 he got his gun and way laid the man he sus#ected as #aramour of
his wife/ He shot the man wounding him seriously/

Held: "ingyao was made to #ay for the darus / dalus for ha%ing stained
the bugis of Pangol/

Banat 2 this refers to the #lace of land where a #erson was -illed/ "aid land
belongs to the %ictim or the %alue thereof is reimbursed/

The <darus / dalus= here is not s#ecified as to how much/ This was made so to
gi%e the elders settling the case some room of discretion/ But the darus / dalus is ne%er
less than the %alue of a grown carabao/

"ection :/ Wak$ak 2 Any binodngan who -ills a %isitor whether
a binodngan or not at his house or outside the house within the bugis within twel%e
(4.) hours is liable/ The offender0 in addition to the #enalty of the crime
committed0 shall #ay a fine (ulta) of one (4) carabao to be gi%en to the host of the
%ictim/

To a 1alinga0 -illing a %isitor who ate and drun- the food and water of his host is
tabooed (paniya$/kaniya$)/ It is belie%ed that the offender will not li%e a long and ha##y
life/

It is the highest form betrayal for you ha%e fed him0 only to bring out the food
from his stomach/ Wak$ak literally means <-illing a #erson whereby the food eaten by
him is s#illed=/

Traders went to 3ubuagan to sell goods/ They were fed but they were -illed/ That
is $ak$ak/

Another e,am#le of $ak$ak is the root cause of the tribal war between 3ubo and
Tulgao/ "ome men from Tulgao #assed through 3ubo/ They were fed there0 after which
they #roceeded to 9angali/ &hile there0 they were -illed for un-nown reasons/ The
#eo#le of 3ubo resented the -illing and a%enged their death/ Thereafter0 they went to
re#ort the incident to Tulgao for the tuo/

Instead of gi%ing the customary than-sgi%ing0 the #eo#le of Tulgao -illed them 2
that s#ar-ed the tribal fight in 45B5/

That was the way in the #ast/ Nou ha%e to a%enge the -illing of your %isitors/ But
$hristian as we are0 we ha%e to obtain ?ustice in a way consonant to the #resent %iew that
-illing as a way dis#ensing ?ustice is #rohibited/ The offender now is liable to #ay a fine
of one (4) carabao/

"ection I/ &hen a #erson is -illed in the house or yard of a binodngan0 the
offender0 in addition to the #enalty for the -illing0 will #ay a fine (ulta) of two (.)
carabaos0 #ayable to the owner of the house0 #lus reasonable damages/

"ection 6/ In the same manner0 when a binodngan is -illed in a %ehicle
owned by a binodngan0 the offender shall #ay two (.) carabaos as ulta0 #ayable to
the owner of the %ehicle0 #lus reasonable damages/

&ecton 9 : ; 2 /olaton of domcle

To a 1alinga0 the house and its surrounding (yard) is sacred/ A %ehicle is treated
as e,tension of the house of the owner/ That is his domain and e%erybody who comes
there are automatically brought to the care and res#onsibility of the owner of the house/
Any harm done to a %isitor in said #lace is a harm to the owner of the house/

It is ba-in0 a %alue that is at #lay here/ Penalty for the %iolation of this #ro%ision is
two carabaos/ &hat is #enali8ed here is the <act of disres#ect= to the owner of the house0
hence the #hrase <in addition to the #enalty for -illing/=

As regards the %ehicle0 it does not matter if the cul#rit -nows or not whether a
%ehicle belongs to a binodngan. It is his duty to %erify before doing anything/

$ase:

The Bayangan@s from 3ubo owns a %ehicle #lying the Tabu- 2 Tuguegarao route/
A #assenger rode therein and was shot by one from Tulgao while near (ambaran/ For
said %iolation0 the Tulgao #eo#le #aid one carabao (#enalty under their bilateral pagta) to
the #eo#le of 3ubo/

The word is <-illed= 2 Is this e,clusi%e only to -illingsL (o/ It includes any other
crime such as ra#e/

"ection ;/ &here theft or robbery is committed in the house or %ehicle of
a binodngan as abo%e2mentioned0 the binodngan offender shall0 in addition to the
#rescribed #enalty of the crime committed0 #ay a reasonable amount of fine
(ulta#0 #ayable to the owner of the house or %ehicle/

&hat is #rotected here are the #ro#erties of the binodngan. (ote that the #enalty
is restitution and ulta, that is the offender will shoulder the e,#enses of settlement/ He
must #ro%ide the #ig0 the rice and drin-s for the #eo#le who are gathered/


ART$CLE /$$$
CR$ME& A1A$0&T WOMA0,OOD

"ection 4/ Pagod / gobao (ra#e) 2 ra#e is committed by ha%ing carnal
-nowledge of a woman under any of the following circumstance:

a/ Cse of force or intimidationF
b/ &here a woman is de#ri%ed of reason or is rendered unconsciousF
c/ when aslee#/

This section defines ra#e as ha%ing carnal -nowledge of a woman by use of force
or intimidationF where the woman is otherwise de#ri%ed of reason or is rendered
unconscious and when the woman is aslee#/

The abo%e definition does not distinguish0 hence it co%ers what we ha%e in our
national laws as statutory ra#e/

&hat must be #unishable under this section is the insertion of the male organ to
the organ of the woman0 not anything/

Elements of rape 7pugod/kolas5:

4/ The offender must be a manF
./ The offender has carnal -nowledge with the womanF
B/ That said act is accom#lished under any of the following0 to wit:
a/ Cse of force or intimidationF
b/ &here a woman is de#ri%ed of reason or rendered unconsciousF
c/ &hen the woman is aslee# (gubao)/

The eEui%alent term for ra#e is pugod / kolas (to restrain with force)/

There must be se6ual ntercourse n Rape

Penetration0 e%en if #artial is necessary/ The slightest #enetration would be
enough/

If there is no se,ual intercourse and only lewdness was #erformed0 the offense is
not ra#e but could be acts of lasci%iousness #unished under "ection : hereof/

Cnder national laws0 ra#e could be committed by inserting anything to the %aginal
canal0 not necessarily the male organ/ 3i-ewise0 a male or female could commit ra#e/ But
under the pagta0 only a male can commit ra#e/

$ases:
/
4/ lloma0 a woman of the Tinglayan subtribe married to one from 9agnao subtribe0 was a
#assenger in a ?ee# coming from Tabu- and going to (aneng/ &hen the ?ee# arri%ed
at 3ucog0 Tabu-0 it was getting a little bit dar- and llloma alighted bound for her
home/ Another #assenger0 a $AF*C from 9agnao also alighted and he offered to
accom#any the woman until their house because it is already getting dar-er/ Iloma
refused but the man insisted/ &hile they were a little bit far from the road0 the man
suddenly grabbed her/ "he struggled to get free from his strong hold but in %ain/ He
threatened to -ill her if she shouted and resisted/ He successfully ra#ed her/ The ne,t
day0 lloma submitted herself to medical e,amination/ Tinglayan #ro#er has no
e,isting bodong with 9agnao and so the relati%es of the woman threatened to -ill if
the case is not settled/ The case was settled and a bodong relationshi# established/

./ Tannobong is secluded sitio where houses are from each other/ )ne morning 9arcela0
an Igorot but married to one from 3ubuagan washing clothes while her husband was
out at sitio "audi Bulo to tend their farm/ "he needed some cli#s so she went inside
their house to get some/ "he was followed by one 9agannon from the "umadel
subtribe and once inside0 the man got hold of her and attem#ted to lay down with her/
9arcela struggled with the man at the same time shouting/ Afraid that he might
disco%ered0 the man ran away/ The case was brought to the attention of the bodong/
After two or three meetings0 the man #aid the %ictim two carabaos as settlement/
/

"ection ./ Penalty 2 The #enalty for ra#e is 4. carabaos/

Penalty:

The law #ro%ides for the s#ecific #enalty of twel%e carabaos/ It is of the o#inion
that the pagta #ro%ides only for the #enalty of consummated ra#e0 so in cases where the
stages of e,ecution is not consummated0 the #enalty is ulta of not less than one carabao/

"ection B/ If as a result of ra#e0 a child is born0 the child is entitled to
su##ort0 in addition to the #enalty of ra#e/

The #ro%ision is intended to assure financial su##ort to the child as a result of
ra#e/ "u##ort in the olden days consists in gi%ing ricefield and heirlooms where a%ailable/
C#on li%ing birth0 the father must gi%e:
4/ Palakson (inheritance) 2 he must gi%e his ricefield0 if he has0 or some
#ieces of landF
./ If he has0 he also gi%es antiEue ?arsF
B/ Pro%ide for the education of the child/

In short0 he must #ro%ide the basic needs li-e food0 shelter and clothing0 and
#ro%ide a good future by gi%ing the child the a##ro#riate education/

"ection 7/ If after the ra#e0 the #arties agreed to marry0 the #enalty is
e,tinguished/

If after the ra#e0 and the ra#ist marries the girl0 there is no liability/ The reason is
that the %ictim has forgi%en the ra#ist/

"ection :/ Any #erson who commits acts of lasci%iousness0 with lewd
designs u#on the #erson of a woman under the circumstances #ro%ided for in "ec/
40 Art/ III shall #ay a fine (ulta# of 4 carabao'

The circumstances contem#lated here are the kobbor (mushing of breast of a
woman)F ka#ot (inserting a finger on the #ri%ate #art of a woman)F ka$or (embracing a
woman)0 aprus/appad (touching the woman)/

For this to be #unishable there must be lewd designs or there must be the intention
to do it for the satisfaction of doing it/ There must be malice/

Accidental touching of a woman@s #art is not co%ered here/

The #enalty is one carabao0 it is the o#inion of this writer that the carabao must be
butchered and nothing goes to the woman/ This is in accordance with the old
#ractice of the 1alingas/

$ase:

"hirley0 a young woman of 45 years0 single and belonging to the 3ubuagan
subtribe hel#ed in ser%ing meals at the restaurant of her cousin who was married to one of
3ubo subtribe/ The restaurant is located at Bulanao0 Tabu-0/ >uan0 a married man and
-nown to be notorious #erson belonging to the Tinglayan subtribe while being ser%ed by
"hirley0 suddenly touched her breast/ The case was referred to the bodong of Tinglayan
and 3ubuagan and after a series of negotiations0 the man #aid one (4) carabao to the
woman as settlement/

"ection I. +ok$ao/daladag 2 Any married man ha%ing an illicit
affair *dagdagas) with the wife of another man and their relationshi# was
subseEuently disco%ered0 shall be fine *aulta) of one (4) carabaoJ to be
butchered0 during the settlement/ In addition0 he shall #ay a fine *ulta# of three (B)
carabaos to be gi%en to the husband of the woman*dagdagas#, and the married
woman shall also be fined *aulta# of two (.) carabaos to be gi%en to the wife of
the offending husband/

Elements of the offense:

4/ The man must be marriedF
./ The woman is li-ewise marriedF
B/ There is an illicit relationshi#F and
7/ The relationshi# was disco%ered/

9ust there be a legal marriage in accordance with national lawsL It is not
necessary/ &hat is im#ortant here is that the man and the woman were married in
accordance with the customary #ractice0 for instance:
a) The man and woman agreed to marryF
b) The marriage rituals were #erformed such as ngilinApalanos/
c) The man and the woman cohabited with one another/

How about illicit relationshi#s that were not disco%eredL

If there is no disco%ery of the relationshi#0 there is no crime/

9ust the disco%ery be by the s#ouse onlyL

It is o#ined that for as long as the illicit relationshi# is disco%ered0 the crime is
consummated/

Penalty:

4/ The man who carries the relationshi# must #ay B carabaos tIo the husband of
his #aramour (dagdagas)F
./ The #aramour (dagdagas) must #ay . carabaos to the wife of the man with
whom he had illicit relationshi#F
B/ The offender (man) must #roduce a carabao to be butchered during the
settlement /

Illustration:

>uan and 9aria are husband and wife/ 3i-ewise Pedro and Petra are husband and
wife/ >uan and Petra had an affair/ &hen disco%ered0 >uan has to #ay B carabaos to Pedro/
Petra0 for her #art has to indemnify 9aria for . carabaos/ >uan must #roduce another
carabao to be butchered during the settlement and #ro%ide the rice drin-s/

All in all0 the offending husband must #roduce 7 carabaos/

&hy is it that it is 9aria and Pedro who are the reci#ients of the indemnityL

It is so because they are the offended #arties/

$ase:

alentino0 a married man belonging to the Tulgao subtribe was a business
associate of Diana0 a married woman of the 3ubuagan subtribe/ During the constant
com#anionshi# of the two in their antiEue business0 a lo%e relationshi# resulted and Diana
failed to come home to her husband and children/ After a long #eriod of time of absence
from home0 the relati%es of Diana went to loo- for her and after a long search0 they found
them staying in the house of one of the relati%es of the man/ The husband of Diana
brought a case against alentino under the bodong/ alentino refused to #ay for the reason
that Diana %oluntarily went with him and in fact wanted to se#arate from his husband so
that they will marry each other/ But the bodong would not gi%e in to the reasoning of the
man/ C# to now0 the relati%es of Diana are waiting for the #ayment of the fi%e (:)
carabaos as settlement of the act com#lained of/

"ection 6/ If the relationshi# is between a married man and an unmarried
woman0 the offending s#ouse shall be fined (aulta) of one (4) carabao to be
butchered during the settlement/ In addition0 he and his #aramour (dagdagas) shall
#ay one (4) carabao each to be gi%en to the offended s#ouse/

Elements of the offense:

4/ There is an illicit relationshi# between a married man and an unmarried
womanF
./ The relationshi# is disco%ered/



Penalt!:

4/ the married man must #roduce two (.) carabaos0 one to be butchered (ulta)
and the other to be gi%en to his wifeF
./ the single woman must li-ewise #ay the offended wife one head carabao/

Ratonale of the Pro"son:

The married man is #enali8ed because of his unfaithfulness to his wife/ In li-e
manner0 the #aramour is #enali8ed for one carabao0 for in acce#ting the married
man0 she has destroyed the family of the man and disgraced her family/

The Euestion may be raised: "u##ose the woman does not -now her #aramour to
be married0 is she still liableL

The #ro%ision does not distinguish whether she has -nowledge or no -nowledge of
the marriage/ "he is still liable/

The reason is that any one can disclaim -nowledge of the marriage0 hence it is
#resumed that she has -nowledge of the marriage/ Besides0 before agreeing to illicit
relationshi#0 she has to e,ercise #rudence/

"ection ;/ If a married woman carries an illicit affair with a single man0 the
single man shall be fine (aulta) of one carabao to be butchered during the
settlement/ in addition0 the married woman (dagdagas) and the single man shall
#ay one (4) carabao each to be gi%en to the offended husband/

This is the re%erse of "ec/ 6 abo%e/ It is now the married woman who carries an
illicit relationshi# with a single man/

The basic distinction between "ec/ 6 and ; is that the married woman in "ec/ 6 is
not reEuired to #roduce one (4) carabao as ulta (to be butchered)/ It is the man howe%er0
for her unfaithfulness0 she is reEuired to gi%e one carabao to her husband/

It is the single man who is reEuired to #roduce the one head carabao as ulta/
&hyL Because it is belie%ed that he is the tem#ter/ Had he not tem#t the woman0 the
woman could not ha%e been unfaithful/ In addition0 he is made to #ay one (4) carabao to
the offended husband/

&ecton <' If a husband or wife abandons #ermanently his or her s#ouse and
cohabits with one another0 the offender shall #ay a fine (ulta) of B carabaos/ If
they ha%e children0 the offending s#ouse shall forfeit hisAher share of all their
con?ugal #ro#erties and #ro%ide su##ort to the children/

This section treats of abandonment/ The offender here could either be the husband
or wife/ The abandonment here must be #ermanent/


Elements of the offense:

4/ +ither s#ouse abandons the other by lea%ing the family home/
./ HeA "he must cohabit with another/
B/ (o ?ustifiable reasons/

How about if the #erson abandons his s#ouse but does not cohabit with another
oneL Is she or he liableL

It is belie%ed that the intention of the #ro%ision is the abandonment without
?ustifiable reasons/ It is the fact of abandonment that is the gra%amen of this offense/

The reasons are these: marriage is a #ermanent union and under the 1alinga
culture/ This union can only be %oluntarily dissol%ed by the #arties if they ha%e no
children/ )ne cannot ?ust wal- away from marriage without the consent of his #artner/
This is the reason why the #enalty is Euiet hea%y 2 B carabaos/

The #ro%ision also #ro%ides that the offending s#ouse forfeits hisAher share of their
con?ugal #ro#ertiesF and must #ro%ide su##ort for hisAher children 2 that is0 #ro%ide for
their basic needs including their education/

The #ro%ision s#ea-s of the con?ugal #ro#erties being forfeited if they ha%e
children/ How about his ca#italA#ara#hernal #ro#erties that heAshe brought to the
marriage/ Does he get themL

0O' The reason is that heAshe has children and whate%er inheritance he had must
be transferred to his children/ That is the customary law/

"ection 4J/ If the reason for lea%ing the s#ouse is due to re#eated %iolence
on his or her #erson0 the s#ouse who lea%es the con?ugal home is not liable0 but
heAshe may gi%e su##ort when warranted/

This #ro%ision is an e,ce#tion to the general rule enunciated in "ec/ 5 abo%e/ By
e,#ress #ro%ision of law is the reason for abandoning the home is due to re#eated
%iolence to his or her #erson0 then heAshe is not liable/ Howe%er0 heAshe is not absol%ed
of hisAher obligation to gi%e su##ort to the children <when warranted=/

"ection 44/ The s#ouse who inflicts in?uries on hisAher s#ouse shall be liable
to the e,tent of the gra%ity of the in?uries inflicted in accordance with the
#ro%isions of thepagta.


"ection 4./ If as a result of re#eated beating or by any acts0 the battered
s#ouse is -illed0 the offender is liable to #ay a fine of ten (4J) carabaos by way of
settlement and #ro%ide su##ort to the children/ If the offender is the one -illed by
the battered s#ouse0 there is no liability/bug-oy.

The offending s#ouse in "ec/ 4J abo%e is liable to the in?uries heAshe inflicted/ If
the battered s#ouse dies as a result of the beating0 the offending s#ouse is liable for hisAher
death/ HeAshe is #enali8ed 4J carabaos and must gi%e su##ort to the children/

&hen howe%er0 the battered s#ouse -ills his s#ouse who beat him0 he is
e,cul#ated/ He is not liable for such death/

(either does it constitute bug-uy - meaning it will not be brought to the bodong.


"ection 4B/ ,ugung (seduction)/ &hen a man has carnal -nowledge with a
%irgin or a widow committed by any means of deceit0 he shall be liable to #ay a
fine of two (.) carabaos/ If as a result thereof0 a child is born0 then su##ort shall be
gi%en/ If the woman dies at childbirth *nanapil)0 the offender shall shoulder the
funeral e,#enses/


Elements:

4/ $arnal -nowledge with a %irginAwidowF
./ By means of deceitF
B/ The woman must be a %irginAwidow/

E6ample:

A has a girlfriend named B/ A #romised to marry B0 and because of that #romise0
B ga%e herself to A/

Is A liableL N+" because without his #romise of marriage0 he would not ha%e been
successful in ha%ing carnal -nowledge of B/

The #ro%ision only states that the woman must be a %irgin/ &hat does %irginity
meanL

It is belie%ed that %irginity should not be ta-en in its technical sense/ For as long
as the woman is single and unmarried0 she should be considered a %irgin in the conte,t
of the #ro%ision/

Penalt!:

The pagta #ro%ides for the #ayment of two (.) carabaos/ The two (.) carabaos will
be gi%en to the offended woman/

Howe%er0 as is customary here in 1alinga0 the offender must butcher a #ig and
#ro%ide drin-s for the #eo#le who settled the case/

If as a result of the seduction0 a child is born0 the offender must ac-nowledge the
child and gi%e the customary inheritance and su##ort to the child/

If the woman dies at child birth0 the man must #ay the funeral e,#enses0 the
amount of which shall be determined by the elders considering the %arious circumstances
then #resent/ The only guideline here is the reasonability of the e,#enses claimed/

"ection 47. ,ukluk/labok/lobak. ( desecrating a widow) 2 any man cohabiting
with a widow who is still in mourning shall be fined *aulta# one (4) carabao and
the widow shall #ay P :0JJJ/JJ as baba-u to the heirsArelati%es of the deceased
husband/

+lements:

4/ a man cohabits with a widowF
./ the widow is still in mourning/

"ection 4:/ Any legally married #erson who0 ha%ing sur#rised his s#ouse in
the act of committing se,ual intercourse with another #erson0 shall -ill any one of
them or both of them in the act or immediately thereafter0 or shall inflict u#on them
or any of them serious #hysical in?uries shall not be liable0 howe%er he shall #ay
reasonable financial assistance to the families of the %ictim/ There is no bug-uy.

This #ro%ision contains the e,em#ting circumstances2 the #erson who -ills or
in?ures hisAher s#ouse andAor #aramour in /lagrante delicto or immediately thereafter is
not liable/

+lements:

4/ the offender must be legally marriedF
./ must ha%e sur#rised hisAher s#ouse in the act of committing se,ual intercourse
with another manAwoman or immediately thereafterF
B/ -ills or inflicts #hysical in?uries on any or both of them/

4/ The offender must be legally married2 this #hrase must be read in the cultural conte,t
of the conce#t of marriage/ For as long as the man and the woman cohabited with
each other in accordance with the marriage #ractices of the 1alingas0 he is co%ered by
this #ro%ision e%en if they are not armed with a certificate of marriage/

./ The element of ha%ing sur#rised hisAher s#ouse in the act 2 this means that the s#ouse
has disco%ered them in the act of se,ual intercourse of immediately thereafter/ There
must be se,ual intercourse0 otherwise this #ro%ision does not a##ly/

(ote that the #hrase is <immediately thereafter=0 so that when the circumstances
are such that it could not be stated with certainty that there was se,ual intercourse0
then this #ro%ision will not be a%ailable/ For instance0 his s#ouse and the other man
are merely tal-ing to one another0 when they were chanced u#on/ It would be
different if they were chanced u#on still na-ed or are #utting in their clothing/

&hy is the s#ouse e,em#ted from liabilityL

At the moment the man chanced u#on his wife committing an infidelity0 it could
be said that he was so angered that hisAher ability to thin- of the conseEuences of his acts
are im#aired/ He acted on im#ulse/ He was not of his right senses/ This is also true with
the wife sur#rising her husband in the act of committing infidelity/

Penalty:

HeAshe is e,em#ted of any criminal liability/ Inter#reted0 hisAher act does not result
to bug-uy0 hence in the eyes of the #agta0 heAshe did not %iolate any #ro%ision/

HeAshe howe%er0 is obliged by tradition to hel# defray the e,#enses in connection
of such death or in?ury/

&hile it is true that heAshe is not criminally liable and that the #eace #act is not
affected0 the fact remains that heAshe -illed someone or in?ured someone and in order to
sa%e himAherself from #ossible re%enge0 heAshe has to gi%e financial assistance to buy
#eace/ &ithout a##easing the anger of the %ictim0 heAshe will ne%er be at ease/ >ustice in
the bodong demands that whate%er wrong done must be com#ensated/

"ection 4I. .oddak di babae (Abduction) 2 It is the ta-ing away of any
woman against her will and with lewd designs/ The offender shall be liable to #ay
fi%e (:) carabaos/ Howe%er0 if the crime is a means em#loyed in the commission of
the crime of ra#e0 the offender shall be im#osed the #enalty for ra#e/

This is a new #ro%ision/

Elements:

4/ a man ta-es away a woman against her willF
./ with forceF and
B/ with lewd designs/

<A woman= 2 there is no distinction here2 whether married or not/

The ta-ing must be against the will or without the consent of a woman0 so that
where the ta-ing is with consent0 this #ro%ision will not a##ly/

There must be lewd design/ If there is no lewd design0 then it may be -idna##ing

&here the ta-ing howe%er is the means to commit ra#e0 then the abductor is liable
for ra#e/

Penalt!:

This #ro%ision #ro%ides for a #enalty of fi%e (:) heads of carabaos/


ART$CLE $=
CR$ME& A1A$0&T PROPERT(


"ection 4/ Pulos (robbery) 2 is the unlawful ta-ing of #ersonal #ro#erty of a
binodngan through %iolence against or intimidation of any #erson or force u#on
things/ The offender shall #ay tri#le the %alue of the thing ta-en and shall be fined
(aulta) and #ay a reasonable pagikna.

T+o 7>5 ?nds of Robber!:

4/ !obbery through force or %iolence against any #ersonF

+,am#les:

A was wal-ing along the street/ B snatched his clutch bag/ There is ta-ing here by
force/

In the same e,am#le0 B #o-ed a gun at A and got his wallet/ This is again pulos/
iolence is e,erted on A by B/

./ !obbery through force u#on things/

+,am#le:

A stored his coffee beans in their house/ &hen A and his family were out of the
house0 B and $ destroyed the #adloc- of A@s house and carted away twenty (.J) ca%ans of
coffee beans/ There is robbery by force u#on things/

The whole conce#t of robbery is not found in the old pagta. !obbery with force
and intimidation was unthin-able then/ There were no hold2u#s/

It was the committee on pagta codification that #ro%ided this in the light of the
new incidents of robbery and hold2u#s/

&hat was #ro%ided in the old pagta was the #ro%ision on aka$ or theft as defined
in "ec/ 7 hereof/

<#ersonal #ro#erty= 2 these are #ro#erties as contra distinguished with real
#ro#erties/

Penalt!:

This #ro%ision #egged the #enalty at tri#le the %alue of the #ro#erty ta-en/

Howe%er0 where the #ro#erty stolen was reco%ered0 the said #ro#erty shall be
returned and the #erson is made to #ay the e,#enses of settlement0 reimburse reasonable
e,#enses incurred in the reco%ery thereof/ This is the old #ro%ision/ Howe%er0 as
worded now0 the #ro%ision does not ma-e any distinction whether the stolen item is
reco%ered or not/ The cul#rit must #ay three (B) times the %alue/

The reason for the hea%ier #enalty was meant to discourage #eo#le from
committing robbery/ As distinguished for theft0 there is the added danger of bodily harm
to the #erson robbed0 whereas in theft0 there is no danger to the #erson of the #ro#erty
owner/

Pagikna 2 this is the to-en which could be in cash gi%en to
the kasupang (counter#art bodong holder) from whose tribe the offended #ro#erty owner
comes from/

The bodong has laid down the #rinci#le that the aggrie%ed bodong holder is the
tribesmate of the offender0 and since said offender is from the same tribe0 then the
offender cannot run away from his obligation/

By way of illustration:

A from 3ubo is the bodong holder for Balinciagao/ B is his counter#art0 who is
from Balinciagao/

If $ from Balinciagao robs a #erson from 3ubo0 say <D=/ D must re#ort the
robbery to <A= who must formally inform B/ B u#on recei#t of the information must
ma-e <$= #ay/ If $ #ays D0 then B now will send a pagikna to A0 which amount is
deemed reasonable based on the %alue in%ol%ed in the settlement/

"ection ./ If as a conseEuence of or on the occasion of robbery0 a #erson is
-illed or in?ured0 then the offender is answerable to such death or in?uries as
#enali8ed under Article I/ He shall return the thing ta-en or #ay the %alue thereof
and shoulder the e,#enses of settlement #lus a reasonable pagikna.

For as long as -illing or in?ury ha##ened as a conseEuence of or was a result of the
act0 the offender is liable for such death or the in?ury/

+,am#le:

A entered the house of B/ A announced the hold2u# but B resisted/ A -illed B in
the #rocess/ A run away with Ten Thousand Pesos (P4J0JJJ/JJ)

Is A liableL

N+"/ A is liable for the death of B/ A may not ha%e the intention in the first #lace
to -ill B but because of the resistance0 he was forced to do it/ He is li-ewise reEuired to
butchered a #ig during the settlement and to gi%e pagikna/

It should be noted that the #enalty for robbery is not im#osed/ The reason is that
he is already #unished for the death of the %ictim/ This is also true with #hysical in?uries/

(ote: "ee annotation on -illing and #hysical in?uries/

"ection B/ If as a conseEuence of or on the occasion of robbery0 ra#e is
committed0 the offender is liable for ra#e/ In addition thereto0 he shall shoulder
the ulta and thepagikna/

!a#e is committed as a conseEuence of or on the occasion of robbery/

As in section .0 the #rimary #ur#ose or intention of the offender is to rob/ &here
howe%er0 as a second thought0 ra#e is committed0 the crime or robbery is deemed
absorbed and the offender is liable for ra#e/

"ection 7/ %ka$ (theft) 2 is the ta-ing of #ersonal #ro#erty of
a binodngan without his consent and without %iolence/ The offender shall #ay
double the %alue of the thing stolen and be fined (aulta#/ He shall gi%e
reasonable pagikna/

Elements:

4/ There is ta-ing of #ersonal #ro#ertyF
./ &ithout the consent of the ownerF
B/ There is no %iolence against #erson/

Personal #ro#erties are #ro#erties of a #erson that could be carried away as
distinguished from real #ro#erties such as lands0 houses and machineries attached to the
land/ "o it could be anything/

Penalt!:

The im#osable #enalty is double the %alue of the thing stolen0 moreo%er0 the
offender should shoulder the e,#enses of settlement and gi%e reasonable pagikna.

The word used is <reasonable=/ That is so for the amount de#ends on the total
claims due/ The bigger the amount0 the bigger the pagikna. But it may not e,ceed one
carabao/

How about if the thing stolen was reco%ered0 would the #enalty be doubleL N+"0
that is so because of the e,#ress #ro%ision of this pagta.

"ection :/ Any binodngan who #urchases a #ersonal #ro#erty0 -nowing it to
be stolen0 shall return the same to the owner or #ay the %alue thereof/ In addition0
he shall be fined (aulta)/ Cnder no circumstances will the owner of the #ro#erty
be made to reimburse the #ayment made by the #urchaser/

This is what we call in national laws the anti2fencing law/ &hy is this #unishableL

It has been a recent #ractice that some #eo#le ma-e it their business to buy stolen
items for a %ery low #rice and sell it for #rofits/ )r if they are disco%ered0 then they will
demand from the owner a large amount (saka# for them to gi%e bac- the stolen item/

The committee therefore0 inserted this #ro%ision to correct this e%il/ For all
#ur#oses0 the #eo#le buying stolen items are in a way encouraging thie%es from stealing
as they can always buy it/ &hereas0 if no one buy stolen items0 then thie%es will ha%e a
hard time dis#osing of these items/

Penalt!:

The buyer of the stolen items must #ay the %alue of the stolen items and is
reEuired to shoulder the e,#enses of settlement #lus pagikna/

He may howe%er run after the thief for reimbursement/ He is not allowed to be
reimbursed for the #ayment he made to the thie%es/

"ection I. %K%W (& ,!W%0-, B%K% unno K%B%12 - Penalty 2 the
offender shall return the carabao or the %alue thereof/ In addition thereto0 he shall
gi%e another carabao or its monetary %alue as <gungpur/patun-od= and be fined
(aulta# of one (4) carabao to be butchered and is obliged to gi%e
reasonable pagikna/

This is an old #ro%ision of the pagta.

The thief is actually made to #ay three (B) carabaos or cattle/ )ne carabao is for
the restitution of the stolen carabao0 or if the carabao is reco%ered0 the same is returned/
The thief is reEuired to #ay another carabao as <gungpur/patun-od=/ This is meant to
answer for the e,#ense in terms of efforts0 money and time s#ent to loo- for the carabao/
The third carabao is the ulta. This is to be butchered by theuili in addition0 he must
gi%e pagikna.

Case:

Balla2ao is from 3ubo/ He brought to 3ubo a stolen carabao/ A few days later0 "gt/
+yadan from (aneng came to 3ubo and he laid claims to the carabao/ The bodong
holder from 3ubo went to get the carabao and ga%e it to +yadan0 another carabao was
gi%en as gungpur and another one was butchered and a pagikna was gi%en/

Before gi%ing the carabao to "gt/ +yadan0 he was made to certify that the carabao
belongs to him/ A few months howe%er0 it surfaced that the carabao does not belong to
him/

For falsely claiming as his0 what does not belong to him0 he was made to account
for said falsehood and aside from returning what he too-0 he was reEuired to answer for
the ulta/

It was agreed that the case in the DA! must #roceed and whoe%er comes out the
winner may ta-e it/ In the meantime0 there is a tem#orary truce/

"ection 5/ +2-2B *arson) 2 Any binodngan who intentionally and
maliciously burn any #ro#erty of another binodngan shall #ay the %alue of the
#ro#erty and a fine (ulta# of one (4) carabao as sobsob/ In addition thereto0 he
shall #ay reasonable damages and pagikna/


This #ro%ision refers to arson/ The element of malice and the intent to burn must
be #resent0 otherwise0 this #ro%ision may not a##ly/

The follo+n3 elements must concur:

4/ there is burning of the #ro#erty of another #ersonF
./ the burning must be done intentionallyF
B/ there is maliceF and
7/ damage was sustained/

"u##ose the burning was accidental/ Does this #ro%ision a##lyL ()/ This is by
e,#ress #ro%ision/ &hat the law e,cludes0 it does not include/

Penalt!:

The offender must #ay the %alue of the damage sustained0 butcher one carabao
as ulta, *sobsob)0 which literally mean <to douse off the fire with water=/ In addition0 he
shall #ay < reasonable= damages and <pagikna=/

!easonable e,#ense 2 this #hrase was inserted so that the #eo#le who will settle
the case will be #ro%ided with discretion as to the amount considering all the
circumstances including the ability of the #erson to #ay/

How about if the burning was accidentalL It is belie%ed that the offender will still
ha%e to #ay the %alue of the damage incurred/ He may not howe%er be made to #ay for
the sobsob or the ulta of one carabao/

"ection 4J/ &+ndln3 or Estafa 2 is the defrauding of a binodngan by
ta-ing undue ad%antage of or abusing his or her confidence by con%erting into
one@s #ersonal benefit the money or #ro#erty which the %ictim had gi%en in trust or
de#osited to the offender/ The offender shall #ay double the %alue of the thing
swindled and shall be fined*aulta)/

This is a new #ro%ision/

In the #ast0 the #eo#le traded with one another by entrusting their heirlooms or
anything of %alue to another for a definite #rice and for said #erson to sell it with the
agreement that the goods shall be returned when unsold or the #rice agreed u#on be #aid
when the item is sold/

The difference between the selling #rice and the amount agreed u#on by the
#arties belong to the <agent=/ And on those days0 no #roblem whatsoe%er cro##ed u#
regarding this #ro%ision/

It was only recently that binodngan begun to renege on their #romises and this
s#awned a lot of #roblems/ This led the committee to include this #ro%ision in the pagta/

This #arta-es of what we call sale by commission or consignment (sakbal/angkat)/

Elements:

4/ there is defraudationF
./ committed either with abuse of confidenceF or
B/ by ta-ing ad%antage of the trust of confidenceF
7/ there is con%ersion by #ersonal useAbenefitF and
:/ cash or #ro#erty gi%en in trust/

Penalt!:

The offender shall #ay double the amount of what was de#osited or gi%en in trust/

E6ample:

A is from 3ubo and he went to Pinu-#u-/ He was entrusted by B0 a strand of
#recious beads worth Twenty Fi%e Thousand #esos (P.:0JJJ/JJ)/ A sold it for Thirty
Thousand #esos (PBJ0JJJ/JJ)/ Instead of remitting Twenty Fi%e Thousand Pesos
(P.:0JJJ/JJ) to B0 he s#ent it for the education of his children/ B demanded #ayment but
A failed to #ay/ Is A liableL

N+"/ He has to #ay Fifty Thousand #esos (P:J0JJJ/JJ) and to shoulder the ulta.

"ection 44/ $A%-AN (9alicious 9ischief)2 Any #erson who shall
deliberately cause to the #ro#erty of another any damage shall #ay double the %alue
of the damage done and be fined (aulta)/

This #ro%ision concerns the intentional destruction of #ro#ertyAies belonging to
another #erson or the causing of damage to #ro#erties0 i/e/0 destruction of fences0 #lants
other im#ro%ements0 etc/

Penalt!:

The #enalty is double the %alue of what was destroyed and in addition0 the
#er#etrator will answer for the ulta/

"ection 4./ I&"N&"N / I$AD-ADANI DI 'IGAD (alteration of boundaries)
2 Any #erson who shall deliberately alters boundaries or transfer monuments or
boundaries shall return the #ossession thereof and be fined (aulta)/

What s penal@ed here#

4/ Alteration by transferring of fences to enlarge the area of one@s #ro#ertyF
./ Alteration by transferring of monuments (ohon#"

This must be intentional with the aim of usur#ing the #ro#erty of another ad?acent
owner/

The offender shall return the #ossession of what was ta-en and in addition
shoulders the ulta/


ART$CLE =
CR$M$0AL 0E1L$1E0CE

"ection 4/ Any #erson who by rec-less im#rudence0 shall commit any act
which0 had it been intentional constitutes a gra%e crime against #erson0 shall be
liable for death or in?uries/ &here death results therefrom0 the offender shall #ay
fi%e (:) carabaos/ If in?uries results therefrom0 he shall shoulder the hos#itali8ation
e,#enses/ If the result of the acts constitute damage to #ro#erty0 the offender shall
re#air the damages incurred/ In all the abo%e0 the offender shall shoulder the
customary e,#enses of settlement (aliglo)/

Alln3 resultn3 from rec?less mprudence

This is what we call in the local dialect <dipun nigagara*
or bokon na nagagara*'

Elements:

4/ There is -illing or #hysical in?uriesF and
./ 1illing resulted from accidentArec-less im#rudence /

E6amples:

4/ 1illing as a result of car accident/
./ A0 a member of the P(P was cleaning his gun/ In the #rocess0
the gun went off and B0 a neighbor was hit and he died/ Is A
liableL N+"/ Because0 he was negligent/
B/ A and B went to hunt for wild animals/ They went on se#arate
ways/ In the e%ening0 something mo%ed in the bush/ A0
thin-ing that it was a wild #ig0 shot at the #lace where the
mo%ement was/ It turned out that B was hit and -illed/

In all the abo%e e,am#les0 the #erson who is res#onsible for the
-illing is liable to #ay the damages as #ro%ided in this section/


ART$CLE =$
OT,ER CR$ME&


"ection 4/ 3IB+3A"3A(D+! 2 Any binodngan who shall maliciously and
#ublicly im#ute to another the commission of a crime0 %ice or defect0 or any act or
omission0 condition0 status or circumstance tending to cause dishonor0 discredit or
contem#t of another0 shall be fined (aulta)/ The fine (ulta) shall de#end u#on
the gra%ity of the crime im#uted/

Elements:

4/ The offender maliciously im#ute to another the commission of a crime0 %ice or
defect0 act or omission0 condition0 stature or circumstancesF
./ In #ublicF
B/ &hich actsAim#utationA%ice or defectF
7/ Tends to cause dishonorAdiscredit or contem#tF and
:/ It is not truthful/

9alicious 2 not any im#utation of acts0 %ice or defect is #unishable/ It must be
done with malice and in a formal forum/

An act is malicious when the intent of the #erson ma-ing the im#utation is to
destroy the good name of a #erson and there is no truth in the statement/ &hen howe%er0
the #erson is stating the truth0 then he may not be held liable/

+,am#le:

!ustom +wangga is a -nown criminal in Tabu- 2 declared as Public +nemy (o/ 4/
&hen the bulldo8ers of )$D$ were burned in 9a#aoay0 Tabu-0 1alinga0 somebody from
(ambaran was arrested and he alleged that !ustom +wangga was the one who burned the
eEui#ment0 when the truth is that he is not/ &hen brought to the attention of the bodong0
the #eo#le of Tulgao fined (inulta) their tribemate who made the im#utation/

(ote that all the elements of the crime were #resent/

Public 2 by #ublic0 it is meant that the statement is said in the #resence of the other
#eo#leF when and was #ublished or co#ies were distributed for #eo#le to read/

Penalty:

The #enalty is not s#ecific/ It is de#endent on the gra%ity of the act considering all
the obtaining circumstances/

"ection ./ T!+"PA"" T) D&+33I(* 2 Any #erson who enters the
dwelling of another with intent to commit a crime shall be fined (aulta)/ If he
committed a crime therein0 he is liable for the crime he #er#etuated/

This #ro%ision #unishes a #erson who enters the dwelling of another #erson
without his consent and -nowledge and with intent to commit a crime/

+lements:

4/ There must be entry into the dwelling of another oneF
./ &ithout the consent or -nowledge of the owner of the houseF
B/ And the #erson who entered has the intention to commit a crime/

$ntent to commt a crme

It is %ery hard to determine the #resence of the <intent to commit a crime=/ The
reason is that the <intent to commit a crime= is a mental #rocess/

In order to determine0 therefore0 the #resence or lac- of intent to commit a crime0
the surrounding circumstances and the time of the entry0 and the character of entry must
be analy8ed/

If for instance the entry is affected be brea-ing a wall or #assing through the
window or through the roofF at nighttime andAor the #erson who entered did not inform
the neighbor of the owner of the house0 then it could be reasonably stated that the #erson
is a tres#asser0 and is therefore liable under this #aragra#h/ He is reEuired to gi%eA#ay
multa0 the e,act amount being left to the discretion of the elders/

If after entering the house0 the #erson too- away cash and other #ersonal
belongings of the owner of the house0 said #erson is liable for the offense of theft/
Tres#ass is absorbed in said crime/

"ection B/ (uli / %antuli 2 Any #erson who gi%es false testimony against
any binodngan in a bodong forum or in any #roceedings of the agencies of the
go%ernment0 shall #ay a fine (ulta# of two (.) carabaos/

The following are the elements of the crime:

4/ A #erson testifies against a binodnganF
./ In a bodong forum or in any #roceedings of any agency of the go%ernmentF
B/ "aid testimony is false/

How about if the false testimony is against a non2binodnganL

It is o#ined that this rule does not a##ly because of the bilateral nature of
the bodong/ The pagta only a##lies to the members of the bodong/

If howe%er0 the #arties submit their case %oluntarily to the ?urisdiction of
the bodong0 then this #ro%ision may a##ly/ 9oreo%er0 be e,#ress #ro%ision of the pagta0
this section a##lies only to binodngan/

The non2binodngan0 of course may a%ail of the #ro%isions of our national laws/

"ection 7/ Any binodngan who is a material witness to the commission of
the crime defined in this pagta who refuses to testify without any %alid reasons
shall #ay a fine of one (4) carabao/

This #ro%ision was inserted by the committee to #re%ent the #ractice
of binodngan material witnesses who refused to testify on the #rete,t that they will be
sanctioned by the other #arty if they come out and testify/

The bodong is for the truth and no #erson who is telling the truth may be
sanctioned by the bodong/ It is for these reasons that the binodngan who is a material
witness to a crime is #enali8ed/

+lements:

4/ A binodngan witnessed the commission of a crimeF
./ He must be a material witnessF
B/ The crime is defined in this pagtaF
7/ He refuses to testify without ?ustifiable reasons/

Penalty:

This #ro%ision mandates that said #erson must #ay one head carabao for said
refusal to testify/

9aterial witness 2 the witness must ha%e seen the occurrence of the crime/ His
testimony must not be hearsay/

+,am#le:

<A= is from the subtribe of Tanglag/ He was #resent when <B= from 3ubuagan
-illed <$=0 who is from (aneng/ If during the settlement0 <A= refuses to recount what he
saw when the incident ha##ens0 he is liable to #ay one head carabao/ Howe%er0 if he was
sic- during the settlement or was otherwise out2of2town0 then he may not be #unished/
&hat is #unishable here is refusal to testify0 not failure to testify/


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C$/$L OBL$1AT$O0& 80DER T,E BODO01

"ection 4/ (OPOL / 'ABA) 2 Any binodngan who claims ownershi# and
ta-es into #ossession the #ersonal #ro#erty belonging to another when #ro%en false
shall return what was ta-en or #ay the %alue thereof #lus ulta/

Elements:

4/ A binodngan claims ownershi# and ta-es #ossessionF
./ )f #ersonal #ro#erty belonging to anotherF
B/ "aid claim is #ro%en false/

+,am#les:

<A= and <B= ha%e ad?oining #asture lands/ The cows of <A= crossed o%er the
fence of <B=/ <B= branded said cows and had them registered in his name/ <A= found out
what <B= had done and filed his com#laint in the bodong.

Is <B= liable under this #ro%isionL

N+"/ <B= has to return the cows belonging to <B=/ In addition0 he has to #ay
a ulta or butcher a #ig during settlement/

If in our e,am#les0 <B= sold those cows0 then he will #ay the %alue thereof/

The sub?ect matter of the claim must be #ersonal #ro#erty 2 It does not a##ly to
real #ro#erties as lands as the same is #unished under different sections of this pagta.

"ection ./ Hired 3abor 2 &hen a #erson is hired to do some manual labor0
and is accidentally in?ured or -illed while in the #erformance of his ?ob0 the #erson
who hired him shall not be liable under the bodong/ Howe%er0 this is without
#re?udice for the #erson who hired him to hel# defray the e,#enses incurred in
connection thereto/

This section deals on accidental -illing or in?ury while said laborers are wor-ing
or doing what they were hired to and met an accident/ The #erson who hired them is not
liable to the bodong for said death but they are reEuired to hel# defray the e,#enses in
connection with said death or in?ury/

+,am#le:

9r/ Awingan from 3ubo hired a #erson from *a2ang to le%el their land and turn it
into a ricefield/ "aid laborer e,ca%ated the lower #ortion of the land (sub?acent su##ort)
and the soil ca%ed in tra##ing him in the #rocess/ &hen rescued0 the laborer is dead/

&hen the elders gathered0 they decided as follows:

4/ 9r/ Awingan #ro%ided one carabao as utungF
./ He also #ro%ided a #ig0 rice and drin-s for one night during the wa-e
(bagungon#F
B/ He li-ewise #ro%ided a blan-et and cloth for the dead #erson (gaga-
o#.

"ection B/ ("'"N / BA"N 2 &hen a #erson is sent to do some errands and
he met an accident0 the #receding #aragra#h shall a##ly/

+,am#les:

The case between "uyang and 3aya/

)ne of the claimants of the land in the "usana !ealty Hacienda at !i8al has
con%inced a certain Bilit from "uyang to accom#any them to !i8al/

&hile they were in !i8al0 their grou# was ambushed and Bilit was -illed/

The case was settled/ The #eo#le of 3aya #aid P4:J0JJJ/JJ #esos for the death of
Bilit/

The #eo#le who called Bilit (to do the errand for them) agreed to hel# defray the
medical and hos#itali8ation e,#enses before said Bilit died 2 The total e,#enses was
#egged at PBJI0JJJ/JJ/

"ection 7/ Any #erson who enters into the #ro#erty of another and introduce
im#ro%ements therein without the -nowledge and consent of the owner0 shall not be
entitled to reimbursement of his e,#enses/ If he claims ownershi#0 he shall be
e?ected outright and be fined (aulta)/

Beginning in the middle of ;J@s0 #eo#le started occu#ying land belonging to other
#eo#le/ Their intention is ob%ious 2 to sEuat on the land/ Howe%er0 if a #erson comes out
and shows #roof that he is the owner of the land0 the sEuatters would not turn2o%er the
#ossession of the land unless they are #aid their e,#enses in im#ro%ing the land 2 which
e,#enses are usually e,orbitant/

This is the e%il which this #ro%ision is aimed to address/

By this #ro%ision0 any #erson who enters the land and introduces im#ro%ements on
the land of another #erson is #recluded from as-ing for reimbursement/ He has to %acate
immediately the area/ If he claims ownershi#0 then he is e?ected and #enali8ed
(aulta)/ The e,act ulta to be determined by the elders and leaders of both tribes and
other neutral tribal leaders called for the #ur#ose of settling the case/

This #ro%ision is based on the re%ered #rinci#le of the bodong that no man shall
enrich himself at the e,#ense of another man (agu)/ This #ractice is tabooed
(paniya$/kaniya$)/


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F$0AL PRO/$&$O0&

"ection 4/ The #ro%ision of this pagta shall su#ersede all other pagta ado#ted
in duly authori8ed bodong forums or con%entions0 including all e,isting
bilateral pagtabetween subtribes0 #ro%ided0 that such bilateral pagta shall continue
to go%ern them for as long as it does not contra%ene this pagta/ Any #ro%ision
contra%ening this pagta is %oid/

This pagta as a general rule su#ercedes all other bilateral pagtas/ "hould there be
other #ro%isions of the pagta between subtribes that are deemed im#ortant to them which
were not #ro%ided by thispagta0 said #ro%ision may still continue to go%ern them0 so long
as they are not contrary to the #ro%isions of this pagta/ Any #ro%ision contra%ening
this pagta is %oid/

This #ro%ision was deemed im#ortant as it was the aim of this pagta to ha%e one
uniform pagta of the bodong/ In that way0 the im#lementation of the pagta is facilitated
and we will achie%e uniformity of #enalties for all the same offense/



ART$CLE =$/
1E0ERAL PRO/$&$O0&


"ection 4/ This pagta shall be officially #romulgated in Fili#ino and +nglish and
translated into the 1alinga dialect/ In case of conflict0 the +nglish te,t shall #re%ail/

"ome #eo#le may wonder why the pagta is officially #romulgated in the Fili#ino
and +nglish0 only to be translated in the 1alinga dialect/ This #ro%ision was meant to
facilitate its writing/ The different subtribes of 1alinga ha%e their own dialect and to
forestall any debate as to what dialect to use0 this #ro%ision was included/ Besides0 we
ha%e different nomenclature for some acts or things and other subtribes may not
understand what is being s#o-en about/ Hence0 said pagta may be translated to as many
dialects/

"hould there be any conflict in the translation0 the +nglish te,t shall #re%ail/


"ection ./ Inter#retation/ In case of ambiguity of the #ro%ision of this pagta0 the rules
on statutory construction shall a##ly/


"ection B/ &hen a case0 through the initiati%e of the #arties in%ol%ed has been settled
amicably0 said settlement is %alid and binding and the case is deemed finally closed/

The old pagta has #ro%ided that cases may be settled by #arties concerned to their
full satisfaction/ "aid settlement is deemed final0 e,ecutory and binding on all #arties/

There are instances howe%er0 where the bodong holder of the offended subtribes
would disregard said settlement and ma-e further demands/

This is contrary to the old pagta/ It is for this reason that this section was #laced
so that cases once settled should be treated as terminated whether the bodong were
in%ol%ed or not/

+,am#le:

&hile #u#ils from 3ubo and Tulgao were ha%ing their wor- education at Bulanao
"outh +lementary "chool0 a boy from 3ubo accidentally in?ured a boy from Tulgao/

The case was settled with the #arents of the %ictim/ The #eo#le of 3ubo
shouldered the medicines and the songa and tingiting/

)ne month later0 the bodong holder from Tulgao resented what ha##ened and re2
o#ened the case/ They (Tulgaos) demanded for additional consideration of the
settlement/ The #eo#le of 3ubo had to com#ly/

This is the #ractice which should be discouraged0 hence this #ro%ision/

"ection 7/ The offenders in all cases settled under the bodong shall #ay the pagikna and
other customary #ractices where a##licable/

This #ro%ision #ro%ides for the things the offenders ha%e to #ay/ The
enumerations are not e,clusi%e/ "#o-en of here are the following:

Pagikna 2 (rootword is <gikna= 2 to feel)/ This is the amount gi%en to the bodong
holder/

The amount is not s#ecified and the amount de#ends on the #enalty/ The gra%er
the #enalty0 the bigger the amount/

This ta-es the #lace of a formal notice that the case which was brought to the
attention of the bodong has been settled/

&hen a bodong holder recei%es said amount0 he does not -ee# it for himself/ He
will gather the community0 buy a ?ar of wine or some bottles of gin and while it is being
#assed around to the community to drin- it0 he announces the result of the case/ He
#roclaims to e%eryone that this #articular case has been settled and closed/

This is another way of telling the binodngan concern that the case is finally
settled/

9oreo%er0 it is a matter of res#ect due to the bodong holder/

+,am#les of pagikna:

4/ Bayangan and his com#anion from 3ubo -illed and in?ured a man and in?ured another
one0 both from the 3aya tribe/ After the case was settled0 the offenders gi%e two (.)
carabaos to the kasupang0 thebodong holder of 3aya from 3ubo/

./ &hen a student of D+9PH9(" was -illed0 the offended did not go for settlement but
went to $ourt/ As the offenders were con%icted0 the case was deemed closed and
terminated/ The offenders ga%e to 9iguel 3udan two (.) carabaos as pagikna/

In less serious #hysical in?uries and other minor offenses0 pagikna may be
dis#ensed with/ Howe%er0 since we ha%e now the pagta0 where the #ro%ision s#ecified
that pagikna must be gi%en0 the gi%ing of pagikna becomes com#ulsory/



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AME0DME0T&
"ection 4/ Pro#osal to Amend or !e%ise 2 Pro#osal to amend or re%ise this pagta may
be made directly by a sim#le ma?ority of the members #resent0 there being a Euorum in a
meeting called for the #ur#ose/

Proposal to amend or re"se 2 ho+ made#

Any #ro#osal to amend or re%ise this pagta could be initiated by any member with
the concurrence of the ma?ority of those members who are #resent in a meeting called for
that #ur#ose0 when there is a Euorum/

By sim#le ma?ority0 what is meant here is one2half #lus one (4A. P 4) of the
members #resent in a meeting/

0otce:

To be binding0 there must be a notice to all the members0 and the notice must state
that the agenda of the meeting is to consider #ro#osals for amendment andAor re%ision of
this pagta/


"ection ./ +ffecti%ity 2 Amendments or re%isions of this pagta shall ta-e effect u#on
a##ro%al or ratification by a sim#le ma?ority of the members #resent in a meeting called for the
#ur#ose/

This s#ea-s of the effecti%ity of the amendment or re%ision of the pagta/

As #ro%ided0 it shall be effecti%e u#on:

4/ A##ro%al by sim#le ma?orityF
./ )r ratification of the sim#le ma?ority of the members #resent/



ART$CLE =/$
EFFECT$/$T(

"ection 4/ +ffecti%ity 2 This pagta shall be effecti%e ninety (5J) days after its
a##ro%al/

C(A(I9)C"3N APP!)+D on "e#tember 4B0 455;0 at BIBA12(A"0 Bulanao0
Tabu-0 1alinga/

This pagta was unanimously ado#ted and a##ro%ed by the bodong holder under
!esolution (o/ 5;2J40 of the 4B
th
day of "e#tember0 455; at BIBA12(A" $onference
Hall0 Bulanao0 Tabu-0 1alinga/

$)DIFI$ATI)( $)99ITT++
)%er All $oordinator: Hon/ >ohn B/ Dongui2is
$hairman: >udge ictor A/ Dalanao
ice $hairman: >udge >ose#hine B/ *ayagay
!esearchers:
Arthur */ 1ub2ao
Alfredo A/ Tombali
Pablo D/ *abit
Placido T/ Alsiyang >r/
*eronimo Donaal
$o#y !eader:
Augustus C/ "aboy
Technical "taffs:
!ichard A/ Daliyong
Anarita A/ Al%are8



/////////////////////$ontributed by: 9$T$ Tanudan "taffs//////////////////