The Concept of Justice Among the Talaandig of

Lantapan, Bukidnon
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Vol. 7, No. 1, First Quarter 2005

(Excerpted from The Concept of Justice Among the Indigenous Communities of Northeastern Mindanao)

By Dr. Erlinda M. Burton and Easterluna S. Canoy

The Talaandig

The indigenous inhabitants of Bukidnon province are generally called Bukidnon by the lowland dwellers
(Bisayans and other migrants) referring to the people residing in the highlands or mountains. The
Bukidnon topography shows a mountainous terrain of which the second highest peak in Mindanao Mt.
Kitanglad is found. There are two main indigenous communities in Bukidnon province: the Manobo
(Matig-Sulog-Tigwa) and the Bukidnon. The latter is sub-divided into sub-groups Higaonons in the
eastern part of the province and also scattered around the highlands of Misamis Oriental (which are
contiguous with the Bukidnon plateaus); and the Talaandig who are distributed in the south central and
western regions of Bukidnon. There are splintered groups that inhabit along the Agusan-Bukidnon border.
Linguistically, Talaandig is a variant of the Binukid language which is one of the main branches of the
Proto-Manobo language. This explains the presence of many cognates common to both Manobo and
Binukid and thus they could somewhat understand each other.

The Talaandig are called such because they inhabit the slopes of the mountains (andig means slope) due
to the nature of the subsistence patternshifting cultivation. However, like the Manobo, many Talaandig
are residing in barangays; while some still prefer the highlands. The Talaandig selected for this study are
residents of barangays Sungko and Basak of the municipality of Lantapan, Bukidnon.

SUBSISTENCE PATTERNS

The Talaandig, like the Manobo of Agusan, were swidden cultivators in the past subsisting on rootcrops
supplemented by hunting and foraging. Today, the sedentary Talaandig are engaged in cultivating their
lands for cash crops rice, corn and coffee. Many acculturated Talaandig have had schooling as far as
the college level. Some are occupying government posts lawyers, political leaders, teachers, etc.
Nevertheless, the Talaandig, like other cultural communities in Mindanao, have been neglected and are
still at the bottom of the socio-economic scale.

SOCIAL ORGANIZATION
The Talaandig community is kin-based reckoning relationships bilaterally, therefore, a household can be
comprised of a nuclear family including relationships from both sides. Marriage patterns are similar to the
Manobo wherein parental arrangements are made by a mediator (masalicampo) who intervenes in
bargaining for the bride price which is given to the brides family and kin. The Talaandig still follow closely
the traditional marriage practice including polygyny. The acculturated ones prefer the modern way e.g.
courtship and a wedding in church.

The belief in animism is still strong among them. Like the Manobo, rituals are performed for important
events in the Talaandig existence such as hunting, planting, harvesting, marriage, the pregnancy of
women, funerals, and during an episode of sickness. The baylan of the Talaandig performs similar
functions as those of the Manobo who is both a religious specialist and a healer.

POLITICAL SYSTEM

The pre-colonial structure of the Talaandig was similar to a family wherein the authority emanated from
the head of the household. The datu was the leader or head of a tulugan or tribal community, was
considered the father of the community, and was responsible not only to the members of his nuclear
family but also to the whole community. Under the datu, were the sabandal or protectors of the
community, known for their courage, expediency, and obedience.

At that time, the datu was chosen through his recognized industry, courage, accomplishment, versatility,
and mastery of the oral history and customs of the people (Saway, 1985:4-5).

Datuship among the Talaandig is attained by going through a process and different levels. From the
lowest level one moves into a higher rank that of Dadantulan provided that he can prove himself
worthy of such a position. This promotion is done without a ritual. Finally, he reaches the highest rank if
he has been involved, occasionally, in settling cases or feuds that eventually culminated into a pact called
the Tampuda hu Balagon or crimes involving murder. After his being subjected to ritual, he is then
proclaimed as Dadangulan ha Datu (High Datu) and only he can provide blessing to newly appointed
datus.

The datus main roles and functions were to 1) maintain the customary laws and social order in the
community and promote good relationships with other tribal communities; 2) to arbitrate internal conflicts.

In Spanish colonial times, the Talaandig political system gradually eroded when the people were placed
under the teniente del barrio (barrio captain). The datu was no longer given attention although his roles
and functions were recognized and allowed to operate through the custom laws known as their batasan.
The Talaandig elders made these laws prevail through their persistent practice of the customary laws,
including the belief and religious practices which are explained in their sacred myths.

At present, the tribal council in the barangay is an adaptation of the structure of the barangay council
which started during the Marcos regime. The tribal council, or pasagi, is composed of leaders of different
Talaandig communities (about 10 members in all). It has the authority to settle cases. Above the tribal
council is the tribal executive committee composed of 8 members (elders which are all chieftains) and
which is the lawmaking body. The overall datu or chieftain presides over the council and executive
committee and enforces the rules decided by the latter. The tribal council, in turn, supports the tribal
chieftain.

The sabandal are now replaced by the barangay tanod (police).

However, in Talaandig communities, there are certain persons designated to protect
the communities and are responsible for observing and investigating strangers coming to the community,
who are presented before the datu.

The datu of a particular Talaandig community is chosen by the elders of the group, based on his behavior
and character. Some who have become datus were nurtured from childhood. They were taught the ways
of leadership and of settling disputes and conflicts, and the customary laws. Usually the leaders or
chieftains come from a hereditary line of datus; however, there are exceptional cases, wherein a man in
the community, not from a lineage of a datu, could become a datu by adoption because he has
demonstrated prowess in leadership, sagacity, and fairness.

The datus function at present is to assist his people in their needs such as promoting socio-economic
endeavors, to uplift their standard of living, or to intervene on their behalf, e.g. in a land problem. In turn,
the datu imposes three guidelines upon them with which they have to comply: 1) to live in righteousness;
2) to obey their leaders; 3) to be industrious so that they can survive in their daily needs.

A datu of the Talaandig will always be one until he dies. Should he no longer be active due to old age, he
is still expected to obey the rules imposed by the existing council, and he also becomes a counsel to the
community if there is a need to consult him.

Despite the fact that the local government moves according to its own system, the Talaandig datus
believe that they should be united with the authority even in settling disputes especially if it concerns
Lumad and non-Lumad relationship. The tribal council coordinates and cooperates with the local
government on certain occasions such as during election time, and in the implementation of polices of
some government agencies the DENR, (they no longer practice kaingin and protect watershed areas)
and the DILG. They also participate in activities sponsored by the Department of Tourism, such as during
the annual festival celebration called the Kaamulan, which is the gathering of different tribal communities
of Bukidnon usually held in Malaybalay, the capital of Bukidnon.

Indigenous Customary Laws

Customary law is a body of cultural precepts such as customs, social usages, norms, and conversions
enforced as social sanctions by the designated authority in a given community (Fernandez, 1976;
Malinowski, 1967; Radcliffe-Brown, 1977). These cultural precepts prescribe a specific standard of
conduct which the people must comply with and obey. Early Spanish accounts relate that custom law
in different regions of the Philippine Archipelago were sort of uniform especially in regard to fundamental
precepts. This has been attributed to a common cultural inheritance and reinforced by similar
environmental conditions which are tropical. However, when perspectives are focused on details, their
rules are highly varied. Such diversity can be traced to several variables: 1) origins of the tribal groups; 2)
variations in the culture; 3) relative isolation because of physical/geographical barriers; 4) varying
demands of their environment, macro and micro levels.

In the pre-colonial Philippines, the functions of customary laws were: first, it prescribed the conditions for
legitimate resort to the use of force, violence, and aggression (except in self-defense or in avenging a
grievous wrong) which was a disruption to community interests and activities. Therefore, it had to be
controlled in the interest of social order and in the preservation of peace. Second, while the fundamental
right of vengeance was recognized, custom law undertook to reduce the tension through alternative
means including the vindication of public authority. The datu, or chieftain, was the responsible authority
who made decisions to protect the community; he also served as a judge and undertook the redressing of
wrongs by prosecuting violators of peace. Third, customary law was determined through the order of
power and had the authority to resolve conflicts and disputes. Fourth, custom law determined the order of
labor in accordance with the social and economic status of the persons concerned. In pre-conquest times,
custom law required the obligation of service to the chief of the barangay and to the economic production
of the community.

Fernandez (1976) in his analysis of the custom laws of the prehispanic Philippines avers that its
orientation was distinctly secular since there was no organized religion and that spiritual orientation was
the concern of the family, not the community (Fernandez, 1976:12-13). Among the Talaandig their custom
laws are seemingly subsumed into religious precepts and a persons prescribed behavior is defined
according to the rules of the supernatural e.g. rules on marriage (who to marry or not to marry). These
custom laws are described herein.

The Talaandig Custom Law

The Talaandig custom law is referred to as batasan and was defined by Saway (1985:38) as the
customary practices of the group deemed obligatory, and to specific behavioral practices. According to
their gugud (historical myths) custom law originated from the conflict of two powerful deities during the
time of creation, which eventually led to the separate order of creation; thus natural law was established
between them and became the basis of Talaandig custom law (Saway, 38-39). These laws were then
dictated to their ancestors to be taught to the people and followed for generations to come. In order to
learn these custom laws, the history of the tribe is related to the young people and to those who are
groomed to be leaders of the community. Moreover, they are encouraged to witness different rituals and
the settling of disputes.

The Talaandig have custom laws regulating such aspects as territories, properties, marriage and political
relations. To the Talaandig, territories are bounded and defined by natural physical features such as
rivers, mountains, rocks, trees, etc. They are prohibited from entering those territories not belonging to
the tribe. Anyone who enters a territory of another or open up a kaingin would have to perform a ritual to
ask permission from the spirits lest he or some members of his family would become ill. However, should
he violate this rule, he would have to seek forgiveness wherein the datu would advise him to perform a
pamuhat. Here he would offer payments few bronze coins, white or black cloth, and a chicken.

On the concept of property ownership, the Talaandig recognized three categories, namely: 1) primary or
personal property that which is acquired, owned, and not shared; 2) semi-communal property which is
acquired, owned, and may be shared; 3) communal property which is acquired, owned, and necessarily
shared. The primary personal property is the woman who becomes the wife and who is primarily attached
to the house since all household chores and items are under her supervision and care. The ownership of
a woman is the means by which other properties may be acquired.

The children are the secondary property of a man and are considered his assets. They are acquired by
virtue of marriage and birth. Their services may be shared by other people especially kinfolk.

Finally, communal properties are lands wherein any member of the group can make his clearing and use
it within the territorial laws of the group. This is only a right to use (usufruct) the land; therefore, before
using it, he must give prior notice to the previous user and obtain his permission. Harvesting of a land is
likewise expected to be shared with relatives, neighbors, friends, and other members of the community. It
is because when one plants or harvests, his neighbors and relatives help him and he helps them. Hunting
and fishing grounds are also communal. The game and catch of fish are shared with others in the
community.
Property is usually acquired by virtue of inheritance and by the transfer of valuable paraphernalia which
involves recognition of status and social positions, war equipment, etc. This is usually done by means of a
ritual settled by custom law. Since many Talaandig are now becoming acculturated, the rule of property
ownership followed is the one prescribed by legal authority. However, some customary practices
regulating property ownership still prevail among the more traditional Talaandig.

The rule on ownership requires the parents to make arrangements for their sons or daughters to marry
the spouses whom they have chosen; but they have to inform their relatives before the proposal is made
in order for the latter to extend both financial and material assistance. This falls under the custom law
known as Sayuda ha Batasan (law of information giving) wherein these relatives receive coins which
serve as an approval for support in case difficulty arises during arrangement.

After the dissemination of information to the relatives, the datu is invited to serve as the kagun (arbitrator)
who speaks on behalf of the prospective groom; moreover, he helps in the bargaining of bride price being
sought by the girls parents. Likewise in the process of bargaining, the prospective brides party invites
another datu to counter the proposal of the mans party. Materials such as chickens, white cloth or silver
coins, must be given as tribute to the batasan or custom law. When both parties agree on the bride price,
the wedding takes place.

However, the Talaandig custom laws also provide that a man and woman whose marriage is arranged
can live together as husband and wife prior to payment of bride price with the consent of both parties.

There are also rules regarding elopement known as the Tanyag ha Batasan (Elopement
Law). Elopement is the lowest form of marriage and a penalty is imposed such as requiring the elopers
to give a pig, a number of chickens, and coins; ritual follows in order to wash away the evil effects of this
immoral act imposed upon the community.

The Talaandigs prescribed custom law on internal relations within the community is cooperation in
economic undertaking based on reciprocity and reinforced by the datus from time to time. It is also
reinforced by the ritual of kinship and through the sharing of milk from the mothers breast during infancy
period. That is, an infant can be suckled by another lactating mother.

On the other hand, intertribal relations are maintained through the kagugpahat (alliance system). The
leaders of the different tribal communities established this alliance in the past to protect each others
group from warring factions. Though this alliance is still in existence in respect to the boundaries of the
different groups, the prescribed custom law itself is no longer reinforced because of the new political
structure introduced by the local government.
These custom laws are expected to be obeyed and followed by the Talaandig. The failure to do so will
mean punishment. They can either be banished from the community or be imprisoned in a place called
Balimbingan which is a sort of a reformatory for persons who have defied the prescribed custom laws.

Among the Talaandig, acts or behaviors considered as crimes against persons are physical injuries,
murders, bearing false witness against another, slander, and to degrade or rape a woman. Those found
guilty of such crimes receive corresponding punishment or penalty. For murder, the killer must also be
killed to indemnify a lost life; a person guilty of slander will have his tongue cut off; those who abused
another through physical injuries will be fined by the value of property, also, he has to engage in certain
obligations, e.g. paying all expenses during the performance of rituals; a person who abused a woman
through rape is punishable by death or put through hard labor.

Acts against properties are theft/robbery: those found guilty are fined or coerced to make reparation by
returning the stolen property. A more drastic measure is to cut off the fingers of the culprit one by one
everytime he is caught stealing.

Like the other indigenous communities, the Talaandig observe taboos imposed by custom law. The most
important one is the incest taboo. Thus, to avoid the breach of such, brothers and sisters are strictly
prohibited to sleep together. Close relatives such as cousins are also prohibited to marry, but there have
been cases in some Talaandig communities wherein incestuous marriage was permitted.

When this taboo is violated, punishment is meted accordingly. For example, when inter-marriage of
relatives takes place, the degree of their relationship will first be determined; the closer the blood ties, the
heavier is the punishment. The offender also has to offer an animal sacrifice during the ritual known as
the manggad in order to appease the spirits. The violator is then ordered to pay for his offense. If the
offender has shown remorse and complied with the requirements as stipulated in the Batasan, he can be
forgiven if the datu and the people so decide.

System of Social Control

All cultures have sets of norms which regulate the behavior of people so that they can manage their lives
with certainty and evoke responses from their fellowmen. Thus, social control is exercised in order to
guide the learning process (Hoebel, 1966: 441). Those who have adapted with success to those norms
are rewarded; those who deviate from the norms and expectancies or fail to adapt are penalized. Law, in
whatever form it may be, either based on the customs of the people or with penal law, is an aspect of
social control. It is one of the devices used by society to penalize behavior that varies too much from
certain selected norms (Hoebel, Ibid).
Enforcement of regulations does not necessitate government. The indigenous communities with no
sophisticated political machinery can enforce their regulations or custom laws by direct contact between
the person who is alleged to have committed an act and the person who feels himself wronged. The
community provides rules according to which the disputants must conduct themselves as well as
techniques for getting them together to work out a compromise by which the claims of two parties can be
measured (Goldschmidt, 1971: 422).

In pre-hispanic Philippine lowland society, custom laws regulated and

controlled the behavior of community members. There was a distinction
made between conduct which was harmful in and of itself and conduct which prejudiced only the
interest of a particular household (Fernandez, 1976: 111). Thus, murder and theft which are serious
offenses were considered as crimes, but adultery was a private
wrong rather than a public offense. For these offenses, penalties and sanctions were imposed. In
the case of heinous crimes such as murder and, in certain places, incest, death was imposed
automatically, whereas with lesser offenses, the penalty consisted only of a fine according to the nature
and gravity of the offense.

In present Filipino society, laws have to be obeyed and followed. Any breach of law such as murder and
theft necessitates putting the offenders into prison after due process of law. Among the tribal
communities, the system of social control is quite similar to that of the pre-conquest Filipino societies
wherein custom laws have set rules for the people to act accordingly.

The manner in which the Talaandig observe the implementation of customary laws are: 1) first, right in the
home wherein children are taught by their parents through the telling of oral tradition and history such as
the gugud, olaging, and manegen where many of their custom laws are embedded. The process of
teaching is gradual and not forceful; 2) the adult Talaandig are taught by the datus regarding the laws,
taboos and other prescribed tenets. However, they learn more and well when punishment or disciplinary
measures are inflicted upon them for breaking the law.

Peace and order in the Talaandig community are safeguarded by the elders of the tribal council who are
the respected leaders or datus. The sabandal or warriors of the past were also designated protectors of
the community. They were selected on their ability to display their courage and good deeds as well.
Moreover, some of the sabandals became datus themselves. Their main functions and tasks were 1) to
teach and show the right disposition and manners; 2) to assist the people in solving their problems; 3) to
guard the peoples property; 4) to protect the community from bad elements.
When a law is breached, the offender is summoned by the tribal council through the sabandal. If he
refuses to come, the datu would instruct the sabandal or assistants to apprehend or seize him; still if he
desists, the sabandals could inflict injury. A case of theft shows how the thief was taught a lesson.

Sample Case: A Talaandig was accused of stealing a very special chicken called Tinimaan. He was
found guilty and was sentenced to death. After he was caught by the sabandals, he was tied to a
bangagay (a huge basin made of wood). An amulet was presented to where his blood would be spilled
over. Datu Impagalaw upon learning of the incident went to the place of execution and found the
offender who happened to be the owner of the house where he used to live. The datu untied him and
advised him to go far away. When the accused was gone Datu Impagalaw laid down inside the bangagay
to offer his life in exchange of the accused. The other datus did not do anything to harm him and refused
to obey his orders. Datu Impagalaw then offered money and his house as a sacrificial offering; the offers
were accepted and the ritual took place.

The accused was summoned again and instructed to do many tasks for which he complied as a slave.
Later, in the years, the datus found him to have reformed and finally, forgiven him and his slave-status
was lifted.

CONCEPT OF JUSTICE

Generally speaking, the concept of justice is so much related to the administration of impartial judgment
but the process of administration differs from society to society. Among the non-literate societies, the
penal law found in literate societies is not the law of crimes; it is the law of wrong or, torts, (private law)
(Maine, 1879). It is the state that is regarded as the aggrieved party but the individual who committed the
offense and his kindred; the individual is emerged in his group, and logically, his relatives are collectively
responsible for his misdeeds (Hoebel, 1947: 398-399).

Thus a crime committed by a person against a fellow member concerns no one outside the group. For
example, a father who might have had incestuous relations with his daughter might be punished by the
girls mothers family on the grounds that he has committed a crime against them; however, his own kin
would not take measures against him. From the rule of group solidarity it follows that when an individual
has offended a member of another group, his own kin group protects him while the aggrieved party
supports the victims claim for indemnity or revenge. Among the Ifugao of the Cordillera region, a kinsman
who has injured someone is protected under almost similar circumstances. This has led to many bloody
feuds which went on almost indeterminably; intermarriage is the only resort to re-establish friendly
relations.
In pre-conquest Filipino society, the system of justice was deeply rooted in religion, magic, and
myth. The crucial aspect of their judicial processes included the swearing of an oath by ordeal. Oath
swearing was supported by the testimony of witnesses and the main source of proof. Since the use of
documentary records was non-existent, testimonial evidence was significant. Hence, it was on this point
that religion provided vital support to the presumption of justice (Fernandez, 1976, 128).

Undoubtedly, trial by ordeal is rooted in religion since the main assumption was that the spirits had the
power to intervene in human affairs. Thus, the wicked are punished while the innocent and just are
shielded and protected. In this method, if the accused refused to undergo the ordeal he was presumed
guilty; on the other hand, if he complied to go through the ordeal and led to his injury this denoted that
the supernatural had provided the seal to his guilt.

The introduction of the penal system to the Philippines did not necessarily erode the indigenous system of
justice. As found among the existing cultural communities, the traditional process survived. Thus in this
section, the concept of justice among the three groups is described.

The concept of justice is expressed by the Talaandig as something which is agreed upon or resolved
fairly by the opposing parties. Justice is a social order which is like a messed-up hairdo wherein it has to
be untangled or smoothened. When there is a problem such as a conflict, it should be resolved in order to
effect justice. Justice is also a judgment, but a righteous one. Thus under the datu system it is not proper
to curse erring members; one must administer justice, otherwise he, the datu, will be punished by
Magbabaya (the supreme deity).

The concept of justice is based, according to the datu informants, on the universal relationship of man
and nature, and particularly his relationship with Magbabaya. It is also based on their history which
relates that conflicts in the past were properly investigated by delving into the causes. For instance,
different tribal groups quarreled over their right to a hunting ground which led to intertribal warfare.
Because of the great casualties encountered in the process, it was decided by the leaders of these
communities to identify, delineate, and fix the boundaries for each specific group whereby peace was
achieved thereafter.

The Talaandig teach this concept to their children by the recounting of their history and custom laws.
They are encouraged to witness an actual settlement of a case so that they can observe the judicial
process. In the past, the Talaandig used to have the manegen which was the basis for studying the
concept of justice. It was the responsibility of the datu to conduct such a study. However, upon
the introduction of the western legal system, this practice was stopped. Nevertheless, in the Talaandig
community, the datu automatically becomes the arbitrator. When the datu is recognized in settling
problems, this is referred to as Padalungo ha Batasan; he continuously teaches the members of the
tribal council who in turn teach the younger generation.

The Talaandig informants believed that their concept of justice is generally similar to that of the other
tribal groups; however, there are differences, but only minimal. The difference lies in the fact that there
are different tulugan (tribal communities) with their own particular system. A datu of a tulugan has a
responsibility to guard not only the territorial limits but also the behavior limits set down by the batasan.

In former times, justice occurred when a need arose specifically in times of chaos, conflicts, and
problems. When there was serious happening or difficulty, the attention of the datu was called, and this is
similar today wherein problems are endorsed to the authorities in order to seek justice. However, unlike
the present-day judicial process, wherein the postponement can be resorted to, the traditional Talaandig
process does not delay the administration of justice. That is, upon the emergence of a conflict, the datu
and tribal council will immediately deliberate on the case, settle it, and administer justice.

Persons who are authorized to render justice are the following: 1) the datus who are known as
balaghusay and even though they are of the lower rank, they nonetheless are respected for their
impartiality and prowess in custom laws; 2) the darantulan is a datu who can be consulted from morning
to afternoon, and to evening (anytime); 3) the darangulan datu who settles conflicts outside of his
community and territorial authority. He is also the chief adviser of the community.

The people of the community usually choose those administrators of justice; the tribal council and the
chieftain also have a hand in their selection. They are selected according to their accomplishments and
experiences in conflict settlement. The balaghusay, or arbitrator, must be able to show a particular trait
which can be recognized as proper. For instance, if he is offered to drink pangasi (potent rice wine) he
must know how to drink it without getting drunk. Should he become drunk, he is disqualified from the
rank. Therefore, a balaghusay must be a model of good deeds and have the ability to maintain peace and
order in the community.

Inasmuch as most Talaandig communities are now established barangays, the people recognize the
position of the barangay captain, mayor, and the police.

SETTLEMENT AND RESOLUTION OF CONFLICTS

One of the functions of a political system is the resolution and settlement of conflicts which may be
achieved peacefully by adjudicating disputes, negotiating compromises, or by the threat of social
sanctions. When such procedures fail due to the absence of a mediating process, disputes may erupt into
violent conflicts. The peaceful resolution of conflicts is found in all societies but differs in procedure and
process. Industrial states have formal institutions such as police, lawyers, courts and a penal system all
of which generally operate according to codified laws. Transgressions of the law by an individual give the
State the threat of force. The State has a monopoly on the legitimate use of force and has the right to
coerce its subjects into agreement with its regulations, customs, and procedures (Ember, 1985: 230).

Non-industrial and simple societies lack such specialized institutions for dealing with conflict.
Nonetheless, this is not an indication that they lack the system of law. Hoebel (1968: 4) states that:

Each people has its system of social control. . .all have as a part of their control system a complex
pattern of behavior and institutional mechanism (called) law which is one aspect of our culture. . .(This)
employs force to regulate individual and group conduct and to prevent, redress, or punish deviations from
prescribed social norms.

Therefore, simple societies have peaceful regularized ways of handling certain disputes. Any decision
reached not only resolves a specific dispute but also sets a precedent for other people to follow in the
future. Law, therefore, whether it be in simple or complex societies, provides an avenue of dealing
peacefully with whatever conflicts develop.

When the Spanish missionaries came in contact with the early inhabitants of the Philippine , there were
techniques in use for the resolution or settlement of disputes: mediation and conciliation and arbitration.
Transaction and dealings among households in a barangay were done
through an intermediary (Kroeber, 1919, Loarca, 1582). In the first place, the use of a third party
avoided the humiliation and loss of face since the party was not directly involved and thus no harm was
done to ones prestige or reputation; secondly, it enhanced the success of a transition inasmuch as the
intermediary was a person of means and prestige; he could make it difficult for either party to refuse.

Arbitration was done by an individual who acquired power, prestige, and reputation for fair dealings he
was always sought by disputants to resolve differences binding to both parties. He was more akin to a
judge (Fernandez, 1976: 127).

In the past, whenever conflict arose, for example, the murder of someone, common friends of the
offender and the offended party would immediately bring about a settlement and a reconciliation through
the payment by the offender of a sum determined in accordance with the customary schedule (Colin,
1663). Such settlements were arrived at only after arduous efforts on the part of the mediators.

Although the act of mediation and conciliation and arbitration of the traditional way of resolving conflict
was replaced by the western judiciary process, yet the tribal communities have preserved their
indigenous procedure of conflict resolution, though with some modification, perhaps as an adaptive
means to the changing times. This section presents the manner in which the indigenous communities
settle or resolve their conflicts or disputes not only among the Lumads but also in conflicts between
Lumads and non-Lumads.

Among the Talaandig, conflicts/disputes occur when custom law or customary practices are violated
and/or the persons rights have been infringed upon such as murder, oral defamation, etc. these conflicts
are settled only through the batasan (custom law) executed under two general laws: 1) Lagitip ha
Batasan, which emphasizes the payment of a large amount of goods before the resolution of a conflict is
made. This was formulated by the early datus to prevent the ordinary Talaandig from marrying a member
of a datus family. Today, this law serves as a basis for settling other cases wherein the datus or tribal
council demand a specified amount of goods as payment for their services or as a means of penalty. 2)
Saungangen ha Batasan was a law used to settle conflicts but demanding lower penalties according to
the degree of batasan.

In resolution of conflict, the Talaandig datus do not generally permit

anyone without authority to settle disputes in the community except when family squabbles arise
which can
be arbitrated by parents or relatives. However, serious family problems are referred to the
datus for the gravity of the problem, especially if no part of the batasan has been violated. If a batasan
has been violated, appropriate payment is demanded from the offender.

The right to retaliate by the offended party without consulting the datu is permitted. This is possible if the
case has not been endorsed to the datu for settlement. The offended group is given some time, such as
in the case of a murder and adultery. The time to retaliate is eight days. Any extension of this limit is liable
for punishment.

The common cases of conflict within a Talaandig community besides murder and adultery, are theft,
slander, and oral defamation. The process of resolving these cases usually starts with the datu observing
the batasan. He brings with him a white chicken for a ritual and gives the chicken to a datu within the
council. Those to whom the chicken was given are expected to participate in the settlement and should
not refuse. The offense will then be compensated by the performance of the ritual.

The Talaandig datus follow a certain system of justice. Every conflict before its resolution must be
investigated first in order to determine the truth. The datu must possess an ability or extraordinary skill in
categorizing the facts/evidences. This is done because there are other offenses which are justifiable,
such as self-defense. In the absence of malice to commit an offense, there is a possibility of pardon, i.e.,
to forgive and forget. Moreover, the goal in the settlement is to conciliate and to bring back the warring
parties into a sound relationship.

Like the other tribal groups, the Talaandig practice trial by ordeal which is referred to as a or balaon. One
example of this is the hot-water ordeal where the accused is told to obtain a needle from the bottom of a
container filled with boiling water. This is done to determine the guilt of a person in such cases as theft
and murder.

There are also agreements or pacts between the Talaandig groups

and other tribal communities. In the Talaandig area there are five tulugan (tribal
communities) with different leaders. They meet frequently not only when problems arise, but also to
discuss plans of how to strengthen their unity. All the datus in Bukidnon have agreed on a certain
batasan. They are united and cohesive because they have kept to their traditions and practices.

Those members of the groups or tribal communities which have entered into a pact are expected to abide
by the rules. Failure to follow these precepts means punishment by the leader of the community
depending on the degree of his offense. For instance, if a Lumad from another tribal community enters
into another community and abuses one of the members, the datu of the community where the intruder
came from will then be summoned to apprehend his offending constituent. This datu will then ask for
some objects from the offender as a sign of repentance and seeking forgiveness. The datu will then ask
for an apology from the datu whose member was abused.

In the settlement of disputes, the people in the community can influence the decisions of the datu or tribal
council. Since people can serve as witnesses and testify, evidences and testimonies may well affect the
decision. Moreover, the peoples opinion can be useful as a basis for punishment or penalty such as
isolating the offender and banishing him from the community.

The Talaandig uphold a certain standard of justice in every case that is settled. That is why there is a
need for a thorough investigation to every case/problem endorsed to the datu. The judgment
implemented by the datu is always included by the Talaandig batasan. They strongly believe that a
decision made by the datu or tribal council is with the approval of Magbabaya (the supreme god).

According to the datu informants, all of the cases they have resolved in the past and even recently, have
not received any reactions or complaints from the accused and offended parties. The datus recognized
the fact that they could sometimes be susceptible to commit errors in their decisions. This is the reason
why the tribal council is always there to assist. For every case settled by the council, a report is to be
submitted to the members of the executive committee. If there has been an error in the decision/judgment
imposed on the accused, e.g. that he was declared innocent or the penalty was too heavy for such a light
offense, the offending party whose guilt was not wholly declared will then become sick; this will motivate
him to accept his guilt. For those mispenalized, the datu will make a readjustment to suit the degree of his
offense.

The datu who commits a mistake in the settlement of a case is subject to sanctions likewise imposed on
him depending, of course, on the type of the case settled. If the error was unintentional, it can be rectified
by offering a chicken. If misjudgment happened after he is given a chance to reform, he loses his
authority as a datu and is stripped of all his functions and roles.

The Talaandigs situation at present is very much akin or similar to the Manobo and Mamanua in terms of
their relationship with the non-Lumads who have settled in the Talaandig areas for quite sometime; now
and then conflicts have arisen between the Talaandig and the non-Lumads. Specifically, common
conflicts concern on land (e.g. squatting or grabbing Talaandig land); physical injuries caused by the non-
Lumads; the murder of a Lumad by a non-Lumad and vice-versa; and theft perpetrated by both Lumad
and non-Lumad.

When a conflict arises and it is caused by a non-Lumad, it is usually referred to the barangay captain
following the rules of barangay justice for settlement. However, such cases as robbery and land-grabbing
are immediately endorsed to the local courts especially if the degree of offense is quite serious and
affecting a good number of persons.

There are instances, however, wherein the barangay justice is used in a tribal community, especially
when a non-Lumad is involved. One of the datu informants related that he used it in some cases wherein
the offender was a Talaandig and the victim was a non-Lumad. However, he did not disregard their own
batasan but rather he integrated it into the barangay justice system.