Procedure

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The Family in Relation to Procedure

124. Family unity and coÖperation.—The mutual duty of kinsfolk and relatives, each individual to every other of the same family, regardless of sex, is to aid, advise, assist, and support in all controversies and altercations with members of other groups or families. The degree of obligation of the various members of a family group to assist and back any particular individual of that group is in direct proportion: first, to the kinship or the relationship by marriage; second, to the loyalty the individual in question has himself manifested toward the family group, that is, the extent to which he discharges his obligations to that group.

The family is without any political organization whatever. It is a little democracy in which each member is measured for what he is worth, and has a voice accordingly in the family policy. It is a different body for every married individual of the whole Ifugao tribe.1 There are a great many relationships that complicate matters. An Ifugao’s family is his nation. The family is an executive and a judicial body. Its councils are informal, but its decisions are none the less effective. The following rules and principles apply to the family and to individuals in the matter of procedure.

Brothers of the blood can never be arrayed against each other. They may fall out and quarrel, but they can never proceed against each other. This is for the reason that their family is identical (before marriage at least), and a family cannot proceed against itself.

Cousins and brothers of the half-blood ought never to be arrayed against each other in legal procedure. In case they should be so arrayed, the mutual kin try to arrange peace. Only in the event of serious injuries may a cousin with good grace and with the approval of public opinion collect a fine from another cousin, and even then he should not demand as much as from a non-related person. In the case of minor injuries he should forego punishing his kindred. The following is an example:

A steals some rice from his cousin B. Theft and thief become known. B takes no steps against the thief; but B’s wife cannot overlook it—and the injury was an injury to her as much as to B. Her kin take the matter up. They collect half the usual indemnity for their kinswoman. B foregoes his half of the indemnity.

In cases of minor injury, procedure against more distant kin is frowned on, but sometimes occurs.

It is the duty of mutual, equally related relatives and kin to try to arrange peace between opposing kin or relatives.

In the event of procedure on the part of one kinsman against another, those who are related to both take sides with him to whom they are more closely related. Besides blood relationship, there is marriage relationship oftentimes to make it a very complex and difficult problem for a man to decide to which opponent his obligation binds him. This is most frequently the case among the remoter kin. A man who finds himself in such a position, and who knows that on whichever side he may array himself he will be severely criticized by the other, becomes a strong advocate of compromise and peaceful settlement.

In case a kinsman to whom one owes loyalty in an altercation is in the wrong and has a poor case, one may secretly advise him to compromise; one must never openly advise such a measure. One may secretly refuse him assistance and backing—one must never oppose him.

One owes no obligation in the matter of procedure to another merely because he is a co-villager or inhabitant of the same district.

The obligation to aid and assist kinsmen beyond the third or fourth degree is problematic, and a question into which elements of personal interest enter to a great extent. One of the greatest sources of the power of the principal kadangyang lies in their ability to command the aid of their remote kin on account of their prestige and wealth and ability to dispense aid and favor.

There is also a class, small in number, corresponding somewhat to the “clients” of the chiefs of the ancient Gauls. This body is composed of servants who have grown up in the service and household of a master, and who have been well treated, and in times of need sustained and furnished with the things needful to Ifugao welfare; another division consists of those who habitually borrow or habitually rent from one who stands in the nature of an overlord to them. This class is most numerous in districts where most of the lands are in the hands of a few men. The duty of the clients to their lord and of their lord to them seems to be about the same as those duties have always been in a feudal society; that is to say, the duty of rendering mutual aid and assistance.

The first step in any legal procedure is to consult with one’s kin and relatives. In initiating steps to assess a fine or collect an indemnity, the next step is the selection of a monkalun.

The Monkalun or Go-between

125. Nature of his duties.—The office of the monkalun is the most important one to be found in Ifugao society. The monkalun is a whole court, completely equipped, in embryo. He is judge, prosecuting and defending counsel, and the court record.2 His duty and his interest are for a peaceful settlement. He receives a fee, called lukba or liwa. To the end of peaceful settlement he exhausts every art of Ifugao diplomacy. He wheedles, coaxes, flatters, threatens, drives, scolds, insinuates. He beats down the demands of the plaintiffs or prosecution, and bolsters up the proposals of the defendants until a point be reached at which the two parties may compromise. If the culprit or accused be not disposed to listen to reason and runs away or “shows fight” when approached, the monkalun waits till the former ascends into his house, follows him, and, war-knife in hand, sits in front of him and compels him to listen.

The monkalun should not be closely related to either party in a controversy. He may be a distant relative of either one of them. The monkalun has no authority. All that he can do is to act as a peace making go-between. His only power is in his art of persuasion, his tact and his skillful playing on human emotions and motives. Were he closely related to the plaintiff, he would have no influence with the defendant, and mutatis mutandis the opposite would be true.

Ultimately in any state the last appeal is to a death-dealing weapon. For example, in our own society a man owes a debt which he does not pay. Action is brought to sell his property to pay the debt. If he resists, he is in danger of death at the hands of an agent of the law. Much more is he in danger if he resists punishment for crime. The same is true in the Ifugao society. The lance is back of every demand of importance, and sometimes it seems hungry.

An Ifugao’s pride as well as his self-interest—one might almost say his self-preservation—demands that he shall collect debts that are owed him, and that he shall punish injuries or crimes against himself. Did he not do so he would become the prey of his fellows. No one would respect him. Let there be but one debt owed him which he makes no effort to collect; let there be but one insult offered him that goes unpunished, and in the drunken babbling attendant on every feast or social occasion, he will hear himself accused of cowardice and called a woman.

On the other hand, self-interest and self-respect demand that the accused shall not accept punishment too tamely or with undue haste, and that he shall not pay an exorbitant fine. If he can manage to beat the demands of the complainant down below those usually met in like cases, he even gains in prestige. But the monkalun never lets him forget that the lance has been scoured and sharpened for him, and that he walks and lives in daily danger of it.

The accuser is usually not over anxious to kill the accused. Should he do so, the probabilities are that the kin of the accused would avenge the death, in which case he, the slayer, would be also slain. The kin of each party are anxious for a peaceable settlement, if such can be honorably brought about. They have feuds a-plenty on their hands already. Neighbors and co-villagers do not want to see their neighborhood torn by internal dissension and thus weakened as to the conduct of warfare against enemies. All these forces make for a peaceful settlement.

It is the part of the accused to dally with danger for a time, however, and at last to accede to the best terms he can get, if they be within reason.

Testimony

126. Litigants do not confront each other.—From the time at which a controversy is formally entered into, the principals and their kin are on a basis of theoretical—perhaps I ought to say religious—enmity. A great number of taboos keep them apart. Diplomatic relations between the two parties have been broken off and all business pertaining to the case is transacted through the third party, the monkalun. He hears the testimony that each side brings forward to support its contention. Through him each controversant is confronted with the testimony of the other. It is greatly to the interest of the monkalun to arrange a peaceful settlement, not only because he usually receives a somewhat larger fee in such case, but because the peaceful settlement of cases in which he is mediator builds up a reputation for him, so that he is frequently called and so can earn many fees. To the end of arranging this peaceful settlement, the monkalun reports to each party to the controversy the strong points of the testimony in favor of the other party, and oftentimes neglects the weaknesses.

There are no oaths or formalities in the giving of testimony.

Ordeals

127. Cases in which employed.—In criminal cases in which the accused persistently denies his guilt, and sometimes in case of disputes over property the ownership of which is doubtful, and in cases of disputes over the division line between fields, ordeals or trials are resorted to. The challenge to an ordeal may come from either the accuser or the accused. Refusal to accept a challenge means a loss of the case, and the challenger proceeds as if he had won the case.

If the accused comes unscathed from the ordeal, he has the right to collect from his accuser the fine for false accusation.

If two people mutually accuse each other, panuyu, they are both tried by ordeal. If both be scathed, they are mutually responsible for the indemnity to the injured person. If only one be scathed, he is responsible for the indemnity to the injured person and for a payment of the fine for false accusation to the one whom he accused.3

128. The hot water ordeal.—A pot, a foot or more in depth, is filled with water and heated to a furious boiling. A pebble is dropped into it. The accused must reach his hand into the water without undue haste, extract the pebble, and then replace it. Undue haste is interpreted as a confession of guilt. This ordeal is used in certain sections of Ifugao, while in others the hot bolo test is used. It is interesting to note that neither of them is efficacious in determining accusations of adultery. This is for the reason that the gods of animal fertility and growth do not permit an accused to receive an injury for that act which is so eminently useful in their particular sphere of activity. Thus, Ifugao religion looks with the greatest disfavor upon things which tend to restrict population, just as our law frowns upon statutes in restriction of marriage.

129. The hot bolo ordeal.—In this, if two persons mutually accuse each other, their hands are placed side by side. The monkalun lowers a hot knife on their hands. The knife burns the guilty person much more seriously than the guiltless one. If only one person be put to the test, it is said that the knife bends away from the hands of an innocent person. The monkalun, with all his might, it is said, cannot put the knife down on the hand: the gods of war and justice will not permit it. But if the person be guilty, the knife grips the hand in its eagerness. If the accused show fear and try to withdraw, the kin of the accuser may catch him and burn him well. I know a man whose fingers were burned off in this way, the thumb adhering to and coalescing with the palm.

130. The alao or duel.—Eggs, runo stalks, or spears are used in trials, the accused facing each other and, at the word of the monkalun, hurling their missiles. The duel is not without its dangers. Even though eggs or runos be used, the one struck is likely to return a stone; and from throwing stones to throwing spears is an easy step. The two parties of kin are likely to take a hand. How much more likely are they to take a hand and avenge their kinsman if spears be the missiles and he be wounded!

The duel is used in cases of adultery, sorcery, and in some disputes over rice fields, everywhere in Ifugao. In adultery cases, only eggs are used in the duel.

131. Trial by bultong or wrestling.—This ordeal is used throughout Ifugao, preËminently to settle cases of disputed rice-field boundaries.

The Ifugao clearly recognizes that the processes of nature—landslides, the erosion of rainfall in wet weather, and caking and crumbling in dry weather—tend to wear away a terrace not maintained by a stone wall. A terrace maintained by a stone wall is a rarity in the Kiangan district. Should the boundary not be well marked by pagbok (see sec. 43) a dispute is nearly sure to result sooner or later. These disputes are usually settled by wrestling matches. The wrestling matches are usually friendly. The Ifugao believes that the ancestral spirits of the controversants know which party is in the right, that they know just where the true boundary is, and that they see to it that he who is right shall win, provided always that they be invoked with the proper sacrifices; and that they “hold up” even the weaker of the wrestlers, and cause him to win, provided his cause be just. Notwithstanding this belief, the people are sufficiently practical to demand that the wrestlers be approximately evenly matched. The owners of the adjacent fields may themselves wrestle, or they may choose champions to represent them. Between kinsmen these matches are presumably friendly; and only sacrifices of dried meat are offered the ancestral spirits. But between those not related, there is often a great deal of unfriendly feeling. In this latter case numerous chickens and two or three pigs are sacrificed, and ceremonies like those against enemies are performed.

On the appointed day the two parties meet at the disputed boundary and occupy opposite ends of the disputed land. A party of mutual kin follows along and occupies a position midway between the adversaries. With each party is one of the family priests. Taking betels and dried meat (presuming the contest to be a friendly one) from a head-basket, the priest prays very much as follows: “Come, Grandfather Eagle, Grandfather Red Ant, Grandfather Strong “Wind, Grandfather Pangalina; come, Grandmother Cicada, Grandmother Made Happy, Grandmother Ortagon; come, Grandfather Gold, etc. [throughout a list of perhaps a hundred ancestors]. Here are betels and meat; they are trying to take our field away from us. And was it here, Grandmother Grasshopper, that the boundary of the field was? No, you know that it was a double arm’s length to the right. Hold us up, you ancestors, in order that we may be the wearers of gold neck-ornaments; in order that we may be the ones who give expensive feasts. Exhort [here the priest names over the gods of war and justice] to hold us up. Was it here, Grandfather Brave, that the boundary was when you bought the field? Do not let them take our land away from us, for we are to be pitied. We are sorely tried!”

After the prayers of the priests, each champion is led by one of his kinsman to the place where the first wrestling is to occur. This leading is very ceremoniously done, and suggests the heralding of the champions in feudal days. The dike of the upper terrace has been cleaned off at intervals of fifteen to twenty-five feet in order that the owner of the upper field may have no advantage. The champions frequently work themselves down half-thigh deep in rice-field mud, water, and slime. Catching fair and even holds, they begin to wrestle, encouraged each by the shouts and cries of his kinsmen and by the calling of the old men and old women on the spirits of the ancestors. Each wrestler tries to push his opponent into the territory that that opponent is defending and to down him there. If A throws B in B’s field, ten feet from the line on which they wrestle, A wins ten feet of the rice field at that point. Finally, there is a fall that more than likely capsizes one or both of them in the black mud. One point in the boundary is determined. Frequently the lower terrace is eight or ten feet lower than the upper one, but there are no injuries for the reason that the mud is at least two feet deep and is a soft place in which to fall.

At every fifteen or twenty feet along the disputed boundary there is another wrestling match. Sometimes the champions are changed. The new boundary runs through every point at which there has been a fall.

132. The umpire and the decision.—The monkalun is the umpire in trials by ordeal. He interprets undue haste or a faulty performance as a confession of guilt. On the day following the trial by fire or hot water he goes to the house of the accused and examines the hand and forearm. If he finds white inflamed blisters, he pronounces him guilty. In the case of a duel, he pronounces the one struck by the missile guilty. The Ifugaos believe that the gods of war and justice turn missiles aside from the innocent in these duels. For the umpire to be manifestly unfair, would be for him seriously to imperil his own life.

As a matter of fact, a person whose skin is rough, dry, and horny has a great advantage in these ordeals. Since sword climbing and the walking on hot stones and live coals have occurred in other parts of the world, it would seem that a question might be raised whether state of mind, or other factors as yet unexplained, may not enter these affairs.

Execution of Justice

133. Retaliation.—In the case of lives lost in feuds, sorcery, murders, and head-hunting, capital punishment inevitably follows, provided the kin of the slain be sufficiently daring to execute it.

Capital punishment is the rule, and is almost invariably inflicted in cases of the refusal to pay proper fines, for which demand has been made in correct form, and after a reasonable length of time has been given in which to raise the sum demanded, in punishment of adultery, manslaughter, the putting of another in the position of an accomplice in case of murder or death in feud, or for wounds, provided the culprit be not a kinsman or person closely related by marriage. Rarely would there be much trifling in the infliction of this penalty. Seizure of something of sufficient value to cover the fine assessed might sometimes be made, except in the cases of adultery and manslaughter. To practice seizure in the case of adultery—except when a kinsman were the offender—would have the aspect of anxiety to profit by the pollution of the wife’s body and might give rise to suspicion of conspiracy on the part of husband and wife to bring about the crime in order to profit financially. In the same way, a self-respecting family would disdain to accept payment for the life of a kinsman except as a matter of forbearance and mercy to the taker thereof. We have seen before that unless the tokom be collected the injured person is in danger of losing his own life should he not slay him from whom the tomok is due.

The crime of arson undoubtedly justifies the death penalty; but it is so rare a crime that it is impossible to say what is the usual Ifugao practice in punishing it.

The non-payment of a debt when there is the ability to pay it, and after many and repeated demands have been made in the proper manner for it, justifies the infliction of the death penalty.

Capital punishment is administered by the injured person and his kin. In all cases it is fraught with the greatest danger to the inflicters. Usually it is inflicted from ambush, although it may be a sudden slaying in the heat of passion. The culprit is never notified that he has been sentenced to death. The withdrawal of a go-between from a serious case is, however, a pretty good warning. It has about the same significance as the withdrawal of an embassy in an international complication.

The infliction of a death penalty has been the starting point of many an interminable feud between families. For this reason the injured person exhausts every effort to effect a punishment in some other way if any other punishment be consistent with his dignity and respectability.

134. Seizure of chattels.—If a kinsman of remoter kinship than that existing between brothers commit a crime punishable by death, except sorcery or murder, and obstinately refuse to pay the fine assessed, seizure of his property or part of it is made.

Seizures are made from unrelated persons to cover fines due in punishment of theft, malicious killing of animals, arson, and the minor crimes, also to secure payment of a debt.

The following is a list of the things usually seized: gongs, rice-wine jars, carabaos, gold beads, rice fields, children, wives.

A seizure may be made by fraud or deceit, or it may be made in the absence of the owner of his household, or it may be made by superior force. Considering only the manner of the seizure, there is but one law to be followed: the seizure must be made in such a manner as to leave no doubt as to the identity of him who seizes. Thus if B persistently refuses to pay a fine owed to A, A may go to B’s house when there is nobody at home and may run away with a gong. If he leaves his bolo, his scabbard, his blanket or some other personal effect in the house as a sort of a visiting card, his seizure is legal. Or A may go to B’s house and, pretending friendship, borrow the gong, representing that he wants to play it at a feast and, having secured possession of it, refuse to return it till the fine be paid. Or suppose that an agent of B’s is bringing a carabao up from Nueva Vizcaya, and that the agent has to travel through A’s village. A and his friends stop the agent and take the carabao away from him, telling him to inform B that the carabao will be delivered to him when the fine is paid.

There is a second kind of seizure, a seizure of the property of some relative or kinsman of the culprit. The property of a wealthy kinsman may be seized to cover a fine due from a poor kinsman who has no property. This kind of seizure is more likely to lead to a lance throwing than a seizure from the culprit himself. The danger of such an ending increases with the remoteness of the kinship between the culprit and the person from whom the seizure is made.

A third kind of seizure is practiced against neighbors of delinquents who live in another district. Suppose a man B in one of the districts to the west of Kiangan to have gone to Nueva Vizcaya (east of Kiangan) and there to have purchased a carabao. He owes no debts, nor have any fines been levied against him. He returns through Kiangan, however, and his carabao is seized by A, a Kianganite. B is informed that C, a resident of the same district as he, stole a pig a year or two ago from A. The evidence against C is placed before him in the minutest details. He is given thirty pesos as patang (interest in advance) and told to collect from C the payment proper to the case, and in addition the thirty pesos advanced as patang. When he makes these collections, and delivers them to A, he gets back his carabao. If C is innocent of the crime charged, he may kill A for this, or he may do so even if guilty. More likely he kidnaps A’s wife or child and sells them for a ransom sufficiently great to repay B, and leave a substantial surplus for himself. A may or may not retaliate with the lance.

In quarrels between kadangyang (for their dignity is very dear to them) and between persons of different districts or contrary parties, it is more frequently than not the case that the thing seized is not returned. Powerful individuals in a district are rather glad to have a seizure made of their property, since they can nearly always manage to come out winner in the finish. Thus in the case above, B, if a powerful individual, probably collects two or even three carabaos or their equivalent value from C, and besides he receives thirty pesos patang. It would seem that the obligation rests on every Ifugao—notwithstanding there is no political government—so to conduct himself as not to involve his neighbors in trouble with individuals of inimical or semi-inimical districts; and that should he so involve them, he is liable to whatever punishment circumstance metes out to him.

In the case of altercations between individuals of different districts, seizure of animals was generally practiced by persons of those districts through which the road led to the region from which the animals were imported. Of all districts, Kiangan was most advantageously situated in respect to this matter; since, for the greater part of Ifugao-land, the road to Nueva Vizcaya (whence most of the animals imported into Ifugao came) led through it.

135. Seizure of rice fields.—The seizure of rice fields is practicable only in case the fields are near the village of him who seizes them. For if located in a distant district, the working of the field would be extremely hazardous, and its protection and continuous holding impossible.

Fields may properly be seized for collection of debt or for refusal to pay fines or indemnities. Portions of fields are seized sometimes in disputes as to ownership or boundaries.

Disputes over ownership and boundary come to a head during spading time. One party begins to spade for the next year’s crop the land claimed by the other. The other party sticks up runos, tied “ethics lock” fashion (alpud), along the line which he claims to be the true boundary. The first party then pulls up these runos, and sticks down others along the line claimed by it as the true boundary. The issue is joined. The defendant has made his “rejoinder.” A monkalun is now selected by the plaintiff party, and tries to arrange—and in case of disputed boundaries nearly always does arrange—a means of peaceful settlement, either by compromise or through trial by wrestling. Sometimes the ownership of a field itself is in question. Usually the question is one of inheritance; although there are a number of other causes that may give rise to dispute.4 Ownership is usually peaceably settled by means of a wrestling match.

“We come now to those cases in which a field is seized for debt as payment of a fine or indemnity. The plaintiff or prosecutor seizes the field at spading time by planting runo stalks, alpud, in it. The defendant probably pulls up these stalks and throws them away.5 An attempt may be made by mutual friends and relatives to secure a peaceful settlement of the trouble. A rice field is a thing so dear to the Ifugao, and so necessary and useful to him, that such attempts are extremely likely, however, to come to naught.

If the matter be not arranged otherwise, the seizer of the field sends a body of men to spade it, holding in reserve an armed force of kinsmen and relatives to protect and maintain the spaders if they be attacked. The other party emerges with an armed force to drive the spaders away. The two parties meet. If one be greatly superior in strength, the other usually retires, and surrenders the field. If they be fairly evenly matched, a battle is likely to ensue. If the first wound be a slight one, the party receiving it is likely to withdraw; but if it be serious, or if one of their number be killed, they fight to avenge him. Sometimes four or five men are killed in one of these frays.

But in the meantime, and often before actual fighting begins, a body of mutual relatives, friends, and neighbors emerges and tries to make peace and secure an amicable settlement.

136. Enforced hospitality.—Sometimes a creditor and a numerous and powerful following of kinsmen descend upon a debtor’s house as unwelcome guests, consume his stores of food, and force his hospitality until appeased by the payment of the debt.

This form of collection can only be used in the case of debts, for in all other controversies, taboos forbid the eating of the adversary’s food, drinking his water, chewing his betels, etc. Even in the case of debt, if a go-between has been sent to the debtor, this means may not be used. It can only be used in a case where “diplomatic relations” have not been ruptured.

137. Kidnapping or seizure of persons.—Interior districts had no opportunity to seize animals from those districts nearer than they to the region whence animals were imported. Of necessity, then, they kidnapped and sold or held for ransom women and children from those districts.

138. Cases illustrating seizure and kidnapping.—The following instances actually occurred in times past. They are excellent and veritable illustrations of this phase of Ifugao administration of justice:

Bahni of Tupplak spoke scornfully of Bumidang of Palao. Some time subsequently he sent a man to buy carabaos in Nueva Vizcaya. The man bought two, and returned on the homeward journey, traveling through Palao. Bumidang took one of the carabaos away from him there, and with his kin, killed it and ate it. Bahni with his kin shortly afterward went to the house of Dulauwan of Bangauwan, a neighboring village, and stole away with Dulauwan’s carabao. Dulauwan followed after them, hotfoot, and was given as patang three pigs, and told to collect his carabao from Bumidang. Dulauwan gathered together a great host of kinsmen and neighbors, descended on Bumidang’s house, and camped there demanding three carabaos. To show that they meant to get them, they helped themselves to rice needed for their daily food from Bumidang’s granary. Bumidang was unable to get together a sufficient force to frighten away his guests, and accordingly he paid the three carabaos.

Ginnid of Umbul presented a demand to Guade for the payment of a long-outstanding debt. Guade denied that the debt was owed. Ginnid seized Guade’s field. Each party led a force of kinsmen to the field. There they fought with spears and shields. The first man wounded was Tului of Pingungan, a kinsman of Guade. He received a slight wound. Guade’s party then withdrew. Guade paid the debt, and got his field back.

Gumangan of Ambabag when a youth, sent an advocate to ask for the hand of the daughter of M of Umbul. He was accepted. But he changed his mind about the girl, and went to Baininan, where he engaged himself to a girl of that village without assuaging the mental agony of his jilted fiancÉe by paying the hudhud indemnity. M seized a carabao belonging to Gumangan. Gumangan gathered together his kin and went to Umbul—only a quarter of a mile distant—to prevent the slaughter of his animal. But M’s party was so much more powerful that Gumangan’s kin ran away. M’s party then killed and ate the carabao.

Gumangan married in Baininan, and bearing in mind his former humiliation, decided to do something that would restore his prestige and at the same time assure him a sufficiently large body of followers to make him strong to demand and to resist demands. He consequently gave a great uyauwe feast at which the unheard of number of six carabaos was slaughtered, to say nothing of innumerable pigs. And later, he gave the hagabi feast—an even more expensive operation.

Dumalilon of Tupplak borrowed a carabao of Gumangan. Five years elapsed, yet he made no move to repay the debt, notwithstanding repeated demands of Gumangan. Gumangan seized Dumalilon’s field, which had already been spaded, and threw his seed-bed away. Both men led armed parties to the field, but this time Gumangan was careful to have a sufficient number of backers on hand. Dumalilon’s party took to flight.

In Burnai, a fight occurred over the seizure of a rice field that resulted in the killing of four men.

Kodamon of Pindungan and Katiling of Ambabag6 had a dispute over the boundary of a field. There were paghok to mark the boundary, but Kodamon contended that all memory of the planting of the paghok was absent, and that they were, consequently, without significance in the matter of dispute. They wrestled, and Kodamon lost a little ground, but Katiling tried to take more than was due him according to the verdict of the wrestling matches. Katiling sent men to spade the disputed territory, and led an armed force out to support them. Kodamon led an armed force to the field. At the same time and at a safe distance, the mutual kin of the two parties and a goodly number of neighbors gathered. Kodamon was armed with a Remington rifle whose trigger was broken; Dulinayan, a kinsman of Katiling, with a revolver for which he had no ammunition. The other members of each force however were substantially, if less spectacularly, armed with spears which they well knew how to use. Women rushed in between the two parties, and catching the warriors by the waist tried to lead them away. One can well believe that the air was riven by curses, threats, accusations, upbraidings, imprecations, invocations. The male neutral kin shouted from their safe distance that if Kodamon killed Katiling, they would kill Kodamon (as a vengeance for the death of their kinsman) while if Katiling killed Kodamon, they would avenge their kinsman’s death by killing Katiling. “What kind of a way is this for co-villagers to settle a dispute,” they shouted. “Go back home and beget some children, and marry them to each other, giving them the two fields, and then it will make no difference where the division line is!” There was an exchange of spears in which Buaya, a kinsman of Kodamon’s, was wounded slightly. The matter was then left in abeyance with the understanding that as soon as possible, the two families be united by a marriage, and the two fields given the married couple.

It happened, however, that on account, of the sexes of the unmarried children of the families, a union between them was impossible. Accordingly, Kodamon gave his field to his son Dulnuan, and Katiling traded his field to Pingkihan, his brother. Both of these young men had pregnant wives. Pingkihan’s wife gave birth first, the child being a girl. Shortly afterward, Dulnuan’s wife gave birth. I met Dulnuan, and not knowing of the event, and noticing that he seemed downcast, asked him why he was so sad. “My wife has given birth to a girl baby,” he said. The quarrel over the boundary is as yet unsettled.

Kuyapi of Nagakaran, before the Spanish occupation, sent a slave child to Guminigin of Baay, to be sold in Baliwan (Nueva Vizcaya), stipulating that the child must bring at least five carabaos. Guminigin sold the child for seven carabaos, delivering five to Kuyapi, and kept two.

The Spaniards came. They were exceedingly partial to the people of Kiangan district in which the village of Baay is located. They paid little or no attention to complaints of people of other districts against people of Kiangan district. Many debts owed by Kiangan people were unpaid, for the Kianganites took advantage of the protection given them by the Spaniards. And yet the Nagakaranites and Kianganites were very closely united by marriage and by blood. Indeed Kuyapi and Guminigin were second or third cousins.

Owing to the difficulty the Nagakaran people had in collecting debts owed them by the Kianganites, they conceived for the latter and for the Spaniards a most violent hatred, and began to make reprisals. The Spaniards punished these reprisals by making an expedition to Nagakaran in which they came off second best.7 They sent another and stronger expedition, which killed a number of people and which burned all the houses in the district. To this day the Nagakaran people have not been able to rebuild their houses—the large trees having long since been cut from nearby forests—and live in wretched shacks built on the ground. They blame the Kiangan people, saying that the latter invited the Spaniards into Ifugao.

Kuyapi claimed that the terms on which he sent the slave to Guminigin were that Guminigin was to receive only one carabao for having effected a sale, and that all the rest were to be delivered to him, and that there was consequently a carabao still due him. It seems likely that the claim was false, and that it was advanced merely as an excuse for making a reprisal.

Pagadut, the son of Guminigin, to whom demand was presented for the payment of the carabao claimed to be yet due, refused to pay this debt. The Nagakaran people made an expedition into Kiangan district (about two miles distant) and captured Ormaya, the daughter of Pagadut, a very comely girl of sixteen or seventeen. In order to make her walk, and in order that she should not continually offer resistance, they took her skirt off so that she would have to cover her shame with her hands and would also hurry to arrive at the journey’s end.8 But the Baay people managed to cut off Lubbut the son of Kuyapi, and imprison him. They took him to a granary in Baay, intending to keep him as a hostage for the return of Ormaya. But word was carried to the ears of the Spanish commandante of this capture. He had Lubbut brought before him. He struck Lubbut, tied although he was, twice in the face, and would have continued, had not Alangwauwi the husband of Ormaya seized and held his arm and beseeched him not to use Lubbut harshly. The commandante promised not to take his life. But a soldier called attention to the fact that a gun had been captured with Lubbut, which gun, it was claimed, was that of a Spanish corporal whom the Nagakaran people had killed. Alangwauwi and his companions started back to their homes in Baay. But on the road, they saw, across the valley, Lubbut with his back turned to a firing squad, saw a puff of white smoke, and saw Lubbut fall into a rice field. Alangwauwi says he burst into tears for he realized that this meant serious trouble for him and his relatives, and placed Ormaya’s life in the greatest peril.

When the Nagakaranites heard of Lubbut’s death, they at first blamed the people of Baay for it. Inasmuch as it is against the ethics of people of the Kiangan-Nagakaran-Maggok area to kill women, or at least to kill any but Silipan women, they considered walling Ormaya up in a sepulchre and leaving her to die for want of food and drink. The women relatives of Lubbut wanted very much to kill Ormaya, and pointed out that while it would not be permissible for the men to kill her, there would be no disgrace in their doing so. But Kuyapi would have none of it. He himself guarded his prisoner two or three nights to see that her life was not taken.

Soon a monkalun was sent to ascertain the true details of Lubbut’s death. His report exonerated the Baay people. The Nagakaran people held Ormaya’s ransom considerably higher, however, because of that death. They received five carabaos, twenty pigs, two gold beads, and a great number of spears and bolos, and death blankets. It was five months before the Baay people could raise the amount of this ransom. During this time, Ormaya was well treated—for was she not a kinswoman?—but she was carefully guarded.

The Paowa or Truce

139. The usual sense of the term “paowa”.—The word paowa means literally prohibition. As most commonly used, it denotes a period of truce imposed by the monkalun in cases that cannot be peaceably arranged. It is a period that gives both sides to a controversy a chance to cool off. It avoids that rash and ill-considered action that would be likely to follow the breaking off of diplomatic relations between the two parties.

I say the paowa serves these purposes. However, it is imposed by the monkalun in order to allow him to withdraw with dignity from the case, and without loss of reputation. A lance throwing or a seizure made while he is acting as monkalun or occurring soon after he has severed his connection with the case is an insult to him. People say to him: Dinalan-da tolban-mo, “they went over your head.” Such an occurrence is exceedingly hurtful to his reputation. People will not employ him as monkalun for the reason that his cases do not end in peaceable settlements. He thus loses many fat fees.

Assuming that the Ifugao’s culture would some day, if left alone, develop courts somewhat after the fashion of the courts of civilized nations, have we not here the embryo of “contempt of court”?

The period usually set by the monkalun, as truce, is fourteen days. During this time, should one of the parties to the controversy commit any act hostile to the other, the monkalun must avenge or punish it. At the conclusion of this period of truce, the two parties may fight out the dispute to suit themselves, kidnapping, seizing property, or hurling lances, without injuring the dignity of the monkalun; or the aggressive party may employ another monkalun.

140. Another sense of the term “paowa”.—Should a wife have committed a crime against the marital relation, and should her husband be unable for any reason to collect the gibu due him in the case, he may put a prohibition on her marrying any other man until the gibu be paid.

Termination of Controversies: Peace-making

141. The hidit or religious aspects of peace-making.—The word hidit has three senses: It refers to a class of deities, the offspring of one of the principal deities of war; it refers to sacrifices to these deities; it refers to peace-making. Deities, sacrifice, and peace may seem widely distinct, but a glance into the Ifugao’s religion will show the connection.

The hidit (deities) desire peace: but the peace must be made in the proper manner, and accompanied by sacrifice to themselves. The hidit have established the taboo that those who are involved in a controversy or enmity must not chew betels with an adversary, nor be in the same house or gathering or feast with him, nor drink with him, nor receive gifts or hospitality from him. The penalty for breaking this taboo is the affliction by the hidit with diseases of the lungs, throat, voice; the condition known as “big belly,” leukaemia, short wind, swelling of the feet, dropsy, etc. This may be said to be the punishment for making peace without ceremonies. But sometimes the hidit punish the prolongation of a feud, enmity or controversy, by afflicting one or both of the parties as set forth above. Those who are involved in long enmities sacrifice continually to the hidit in order to offstand such affliction.

The hidit or peace-making ceremony is performed in the following cases:

(a) At the termination of the funeral of a married person. It is performed between the kin of the dead spouse and between those of the living spouse.

(b) Between adversaries in case of adultery, rape of married woman, sorcery, murder, manslaughter, malicious killing of animals, false accusation, disputes over rice fields, theft (sometimes), or other serious controversy, provided the controversy terminate peaceably.

(c) At the peaceful termination of all ordeals and trials.

(d) Between the kin of a dead spouse and the widow or widower on occasion of remarriage of the latter.

(e) Between parties to a controversy ending in payment of the tokom fine.

(f) At the termination of a feud, between the families involved in the feud. A feud was rarely—my belief is that it was never—terminated except by a marriage or on request of one of the members of the family afflicted by the hidit deities. In the latter case, peace might or might not be purchased. At any rate, the family suing for peace furnished the animals for sacrifice.

In most parts—I believe all—of Ifugao, peace was never made between districts or villages. Peace was always made between families; but peace between the principal families of two villages or districts was sometimes in effect a peace between the districts or villages involved—I say sometimes because such a peace was uncertain and undependable.

When peace was made between families of different districts, or between families of the same district in cases of serious controversy, two men were chosen, one by each party to the peace, and with appropriate prayers and ceremonies, were given good spears. It was understood always that these spears were for the purpose of killing the first one of either party who reopened the feud, war, or controversy. After this ceremony, other spears were broken and tied together as a symbol of the breaking and tying up of all enmity; as a symbol, too, that spears were no longer needed.

An Inter-village Law

142. Neutrality.—When a war expedition or party passed through a village en route against another village, the intermediate village might signify its neutrality by casting a spear at the party. The spear never struck a member of the party, of course, nor was its casting taken as an unfriendly act. It was merely a declaration of neutrality. Should a village fail to cast a spear in these circumstances at such a party, the people of it would be held as enemies and accomplices of the members of the war party.


1 Thus A and B, two brothers, are members of the same family until they marry. After marriage A’s family consists of his blood kin and of his relatives by marriage, and the same holds of B’s family. Thus after marriage only half the individuals of the families of the two brothers are identical. The families of two cousins are identical as to one-half the component individuals before their marriage and as to one-fourth of the component individuals after their marriage.

2 The word monkalun comes from the root kalun, meaning advise. The Ifugao word has the double sense, too, of our word advise, as used in the following sentences, “I have the honor to advise you of your appointment” and “I advise you not to do that.”

3 When a crime such as theft has been committed, and it cannot be determined from any evidence at hand who was the culprit, the injured person frequently resorts to the hapud. One form of this ceremony consists in placing an egg or areca nut on the edge of a knife or the bevel of a spear and repeating the prayers necessary to make the egg or areca nut balance and stand on end at the mention of the guilty person. Another form consists in spanning an agba stick. At the mention of the guilty person the stick grows longer, as revealed by its length in relation to the span of the priest. These sticks are kept for generations. Many of them are over a hundred years old. These ceremonies are not of virtue as evidence and are entirely without the pale of Ifugao procedure. They are of value only to the injured person in assisting him to determine who has committed the crime.

4 The very day that I wrote this, the ownership of a field was settled by a wrestling match. An Ifugao some time before pawned a field to a christianized Ifugao. This worthy had the temerity to sell the field. Although the pawner would have surely been sustained in his right had he appealed to the lieutenant-governor, nevertheless, he was so confident, being in the right, that he would not lose, that he consented to settle the ownership by a wrestling match. He won. The christianized Ifugao may possibly now have more faith in the tenet of his former religion that the ancestral spirits uphold him who is in the right.

5 He may gratuitously add an insult by implanting a few of them in a pile of fecal matter.

6 The villages of Pindungan and Ambabag are less than a mile distant from each other.

7 The Nagakaran people claim that only five out of forty of the first expedition returned.

8 This was the usual method of treating kidnapped persons. It is interesting to note an almost parallel practice on the part of the Allies in the present war. When prisoners are taken, the buttons are cut off their clothing, in order to keep their hands engaged during the march to the rear.

                                                                                                                                                                                                                                                                                                           

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