TUBIGANAY: CONFLICT RESOLUTION AMONGST INDIGENOUS CULTURAL COMMUNITIES IN CENTRAL PANAY MOUNTAINS

CHAPTER 1

INTRODUCTION

Background and Rationale of the Study

The state according to Max Weber as cited by Chilcote (1981;107, in Reyes, 1988 ), is a “human community that successfully claims the monopoly of legitimate use of physical force within a given territory” . No other institutions are allowed to use violent force in order to compel obedience among the subjects except the state. Physical force is basically carried-out by the police to ensure law and order and the military to protect the state from both internal and external threats.

The desire of the state to effectively centralize its power must be supported by mechanisms that enable it to efficiently monitor the extent of political control over their “traditional states have frontiers, but borders”. Earlier forms of the state lacks the adequate machinery in order to solely dominate the use of coercive force and more often rely on the other locations of power, such as local lords or elites.

Weber indentifies three modes of authority by which domination is engendered: through traditional authority, charismatic domination of a leader, and domination by a rational – legal authority, chosen on the basis of rules. In areas where apparatus are not seen or felt by the people, the local ways of resolving conflicts are embraced by the people. Traditional roles in the conflict resolution conflict process have become institutionalized and unchallenged for decades. This reflects one of Weber’s modes of authority, the traditional authority exercised by traditional leaders of the indigenous communities in Central Panay.

Conflict resolution is conceived s as a marked reduction in social conflict as a result of a conscious settlement of issues in dispute conflict resolution may occur through self-conscious effort to come to an agreement, or it may come by other means. Conflict resolution is seen as a process of conscious settlement of the issues between parties (Schellenberg, 1996).

“Tubiganay” as a form of conflict resolution process was practiced by the indigenous cultural communities in Central Panay Mountains as reported by some mountaineers who frequently trekked the Mount Baloy mountain range. This range is considered as the “melting pot” of the four provinces of Panay. Local guides alleged that “tubiganay” is a violent form of conflict resolution characterized by a duel using a bolo called talibong.

This violent means of conflict resolution still exists despite the existence of a modern state which is supposed to exercise complete coercive power within it its sovereign territory to maintain peace and order and guarantee the protection of life, liberty, and property. Exercising its coercive power is carried out by the Philippine National Police or the Armed Forces of the Philippines. Along this line, individuals or groups are not allowed to seek redress by putting the law into their own hands.

Among modern societies the enforcement of law and order is institutionalized and implemented by their respective government agencies. Law and order is not only a matter of executive responsibility through different government agencies especially the police force and the military but judicial as well. Kottak (2006) wrote that all states have courts and judges to handle disputes and crimes. There is a hierarchy of courts from the municipal circuit court to the Supreme Court as in the case of the Philippines and other states though some may have slight variations depending on the type of government. Most states allow appeals to higher courts, but people are strongly encouraged to solve problems locally.

All states have agents to enforce judicial decisions. Confinement requires jailers, and a death penalty calls for executioners. Agents of the state collect fines and confiscate property. These officials wield real power (Kottak, 2006).

The Philippines as a modern state derives its powers from the Constitution. Article II Section 4 states, “The prime duty of the Government is to serve and protect the people,” and Section 5 adds, “The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.” Furthermore, these powers are extended to local government units through the Local Government Code of 1991.

The Local Government Code mandates the implementation of the Barangay Justice System otherwise known as the Katarungang Pambarangay. Offenses punishable by less than one year and fines five thousand pesos (P 5,000) and below are placed under the jurisdiction of the barangay justice system before it can be elevated to the regular court. Local government units are mandated to implement the provisions of the Katarungang Pambarangay or Barangay Justice System which aims to resolve conflicts without going through rigid legal procedures and to decongest the regular courts of voluminous cases.

The Katarungang Pambarangay also recognizes indigenous conflict resolution process in recognition of the fact that the Philippines is a multi-ethnic country. The Philippine judicial system is effectively enforced in areas where state mechanisms are present. However, in some remote mountainous areas, the presence of the government is very minimal and is hardly felt by the indigenous people thus making them rely on their traditional ways including conflict resolution.

Examples of these conflict resolution processes that are still being practiced by indigenous people in Luzon are cited in the paper of Acuña (2009) entitled “Conflict Resolution: Philippine Style”. These conflict resolution methods are Bodong and Kadawyan.

The bodong is an indigenous governance institution that originated in Kalinga and is still practiced today. Due to the movements of people, it is practiced and/or adapted today in parts of Abra, Eastern Mountain Province, Apayao, as well as in Cagayan and Isabela. Bodong literally means, “peace pact”, and it came into being as an offshoot of the practice of head hunting in Kalinga in the early years. It was primarily institutionalized to avoid the occurrence of criminality and for the maintenance of peace between villages. Also, it was (and still is) a system for establishing and maintaining relationships and alliances between villages and is therefore not limited to resolution as is the common notion. The bodong is a bilateral agreement between two villages.

The Itnegs believed in the kadawyan, which is the totality of their traditional normative system that remains pervasive in the Itneg’s life. The customary leadership of lakay and the sanctions for the violation of kadawyan serve as instrument for social order just as effectively as the law and government in Itneg society.

Filipino Muslims, as with other Muslims in the world are governed by the Koran on matters of religion and morality. However, Filipino Muslims in the Philippines are not subject to criminal laws of Islam. As citizens of the Philippines, they are subject to the laws of this country. They also have the option of letting the Sharia family relations law apply (Acuña, 2009).

As provided in the Koran, compromise is encouraged in cases of murder. This crime may be extinguished by an act of remission from the brother or relatives of the victim, or by granting compensation or other kinds of retribution to the victim’s brother. In contrast to this, the Rules of Court of the Philippines consider murder as a public crime. An offer of compromise by the accused may be taken as an implied admission of guilt. Even if the offended party agreed to an amicable settlement, the prosecution could not be compromised and prosecution shall be executed (Acuña, 2009).

Another form of indigenous conflict resolution among the Maranao is called Rido . Rido or blood feud is a cyclic system of vengeance which results in killing and/or retaliation among Maranao families and clans in Lanao. Rido, usually involving families, is characterized by violent initial reactions to a perceived insult or hurt caused by an individual to another. It is followed by retaliatory actions and counter retaliatory attacks by members of the disputants’ families. Without any intervention, such acts may last for as long as three generations (Saber 1960; Caris 1991; in Doro, 2005).

Rido is synonymous to tribal war. As such, it is of local significance and not to be attributed or associated with the Moro secessionist movement. The causes are quite different from the grievances of the Moros against the Manila–based government (Durante, 2005).

Rido has brought about serious problems, such as the loss of lives, destruction of property and disruption of peace and order, which become hindrances to socioeconomic, political and spiritual development in Maranao society. (Caris, 1991 in Doro, 2005)

In the hinterlands of Panay, indigenous communities have maintained their manner of conflict resolution called Tubiganay. This is in line with the historical development in the country that indigenous peoples especially those who settled in the mountains were not subjugated by the Spaniards according to noted historians Corpuz (1989) and Scott (1982).

According to Jocano (1968), the mountain people of Panay today are primarily concentrated in the interior on slopes at the headwaters of such rivers as the Pan-ay, Jalaur, Aklan, Bugasong, Ansuage, and Ulian. These hill people are generally called Bukidnon by the lowlanders. To distinguish them from the Ati or Negritos, who are also found in the mountains, the Christian inhabitants in the lowlands have given these non-Christian groups more specific names: those living in the mountains of Capiz and Aklan are called Mundu, those residing in Iloilo are called interchangeably, Buki, Putian, and Sulod; and those from the uplands of Antique, Buki.

The larger settlements of these mountain folks are situated in the mountains of Tapaz and Jamindan in Capiz; in Libacao and Madalag in Aklan; in Lauaan, Bugasong, and Culasi in Antique; and in Janiuay, Lambunao, Calinog and Maasin in Iloilo. So far there has been no official census made of these people.

Statement of the Problem

This study aims to provide the rationale, rules, and meaning attached to the custom of Tubiganay by the people of the mountain areas of Calinog. More importantly, the researchers aim to find out explanations as to why state processes failed to operate in the communities of the mountains of Central Panay.

Tubiganay as a dispute resolution process is currently not sanctioned by the Philippine state due to its violent nature. Despite the enormous power that the state exercises through its agencies, especially the police and the military, the indigenous cultural communities in Central Panay continue to resolve their conflicts according to their culture. Hence, it is evident that the state power of the Philippines does not fully operate amongst the cultural communities of Central Panay.

Moreover, this study recognizes the importance of acquiring more knowledge about the culture of indigenous peoples because it does not only clarify the public’s misconceptions of indigenous cultural communities in the Philippines but also provide a better basis for understanding and appreciating of Filipino culture, both past and present.

Theoretical Framework

This study is anchored on symbolic theory of anthropology. According to Hudson et al (2009), “Symbolic anthropology studies the way people understand their surroundings, as well as the actions and utterances of the other members of their society.” These interpretations form a shared cultural system of meaning–i.e., understandings shared, to varying degrees, among members of the same society (Des Chene 1996:1274, in Hudson, et al, 2009). Symbolic anthropology studies symbols and the processes, such as myth and ritual, by which humans assign meanings to these symbols to address fundamental questions about human social life (Spencer 1996:535 in Hudson, et al, 2009). According to Geertz (1973a:45, in Hudson, et al, 2009), man is in need of symbolic “sources of illumination” to orient himself with respect to the system of meaning that is in any particular culture. Symbolic anthropology views culture as an independent system of meaning deciphered by interpreting key symbols and rituals (Spencer 1996:535 in Hudson, et al, 2009).

Symbolic anthropologists believe that culture does not exist apart from individuals but rather lies in their interpretations of events and the things around them. In other words, symbolic anthropologists believe people construct their own reality (McGee & Warms, 2004).

There are two major premises governing symbolic anthropology. The first is that “beliefs, however unintelligible, become comprehensible when understood as part of a cultural system of meaning” (Des Chene 1996:1274 in Hudson, et al, 2009). The second major premise is that actions are guided by interpretation, allowing symbolism to aid in interpreting ideal as well as material activities. (Hudson et al, 2009)

Geertz was influenced largely by the sociologist Max Weber, and was concerned with the operations of “culture” rather than the ways in which symbols operate in the social process. Geertz focused much more on the ways in which symbols operate within culture, like how individuals “see, feel, and think about the world” (Ortner 1983:129-131, in Hudson, et al, 2009)

Symbolic theory guides this study in the collection of qualitative data and its interpretation. In the uncovering of the meaning of cultural traits both immaterial and material the people’s subjective meaning was primarily given due consideration. The researchers linked the practice of Tubiganay to the operation of the whole culture of the mountain people of Calinog, Iloilo. Furthermore, the researchers were able to provide explanation for its persistence and identify key factors leading to the inability of the state legal system to fully operate in the area.

Since the study is about conflict resolution, it employed George Simmel’s theory of conflict which states that human beings have “a priori fighting instinct”, that is, they have an easily aroused sense of hostility toward others (Turner et al, 2012). Although this fighting instinct is probably the ultimate cause of social conflict, Simmel said, “humans are distinguished from other species because, in general, conflicts are means to goals rather than merely instinctual reactions to stimuli” (Turner et al, 2012). In this study, the researchers examined the nature of tubiganay particularly, its rationale, causes and the factors for its persistence.

Another in which this study is based, is the cooperation and competition theory developed by Morton Deutsch and elaborated by David Johnson. According to Deutsch (2006) the theory has two ideas which include the interdependence of goals of and the actions people involved.

The theory equates a constructive process of conflict resolution with an effective cooperative problem-solving process in which the conflict is the mutual problem to be resolved cooperatively. It also equates a destructive process of conflict resolution with a competitive process in which the conflicting parties are involved in a competition or struggle to determine who wins and who losses; often the outcome of the struggle is a loss for both parties, the theory further indicates that a cooperative-constructive process of conflict resolution is fostered by typical effects of cooperation ( Deutsch, 1996).

The persons involved must engage in win-win orientation to facilitate the conflict resolution. A cooperative orientation leads parties to search for just procedures to determine who the winner is as well as for helping the loser gain through compensation or other means.

Objectives of the Study

This study “Tubiganay: Conflict Resolution Amongst Indigenous Cultural Communities in Central Panay mountains” aims to provide explanation to the inability of the state to enforce its norms on law and order and resolution of conflict and provide valuable information on the contributing factors which have led to the persistence of the practice of bolo fighting up to the present. Specifically, this study aims to achieve the following objectives:

Describe the conflict resolution process of the Panay Bukidnon people in terms of the role played by key personalities;
Describe the nature and processes of Tubiganay as a form of conflict resolution;
Explain the rationale of Tubiganay that led the indigenous cultural communities in Central Panay mountains to practice it;
Describe the perception of government officials who have jurisdiction over the cultural communities in Central Panay Mountains regarding Tubiganay;
Identify the causes of conflicts among cultural communities in Central Panay mountains that led to them to resolved through of tubiganay;
Identify the factors that contribute to the persistence of tubiganay.

Significance of the Study

The results of the study may provide government officials valuable information that may help them formulate policies and programs that would enhance the process and strategies of conflict resolution especially among indigenous cultural communities.

The results of this study will contribute to the body of knowledge regarding the culture, society, and history of the Philippines as well as political dynamics among indigenous cultural communities in Panay. The results from this study will provide the reader a greater understanding and appreciation of the uniqueness, variety, and richness of the culture of Panay in particular and the Philippines in general. Moreover the results of this study will help preserve the cultural heritage of Panay before it becomes eroded by the forces of globalization and modernization.

Scope and Limitation of the Study

The subject of the study is situated at the mountainous area of Central Panay.The study covered respondents from five barangays along the Calinog, Iloilo to Libacao, Aklan trail. This study involved the elders, barangay officials and some residents who have information about tubiganay.

The focus of the study aims to obtain information that about tubigany as a form conflict resolution and provides explanation to the inability of the state to enforce its norms on law and order. An interview guide was used as a tool by the researchers in the interview of key informants and ancillary informants to obtain the data. However, the questionnaire did not limit researchers in probing additional relevant data from the informant to enable them to capture the essence of the custom being studied.

CHAPTER II

METHODOLOGY

Research Design

This study is descriptive in nature. Qualitative method was used because the study was conducted in a non-industrial setting and required first hand personal study. Qualitative research method according to Myers (1997) is designed to help researchers understand the people and the social and cultural ethnographic in-depth contexts within which they live.

According to Micheal Genzuk (1999), reports based on qualitative methods include a great deal of pure description of the experiences of people in the research environment. The purpose of this description is to let the reader know what happened in the environment under observation, what it was like from the participants’ point of view to be in the setting, and what particular events or activities in the setting were like.

The qualitative data was obtained through the ethnographic technique particularly the use of key cultural consultants. According to Kottak (2006), key cultural consultants or key informants are people in the community who by accident, experience or talent, or training can provide the most complete or useful information about particular aspects of life. The key informants of the study were the elders of the community or magurangs, village chiefs, and parankuton. To substantiate and validate data gathered and to uncover more information, other members of the community were also interviewed.

The objectives of the study were achieved through qualitative research method. In-depth interviews of key informants and ordinary people were employed to acquire relevant data. Data from interviews were supplemented, clarified and validated by focused group discussion involving village elders, leaders and other members of the community. The researchers traversed the mountains and rivers from Calinog, Iloilo to Libacao, Aklan and stayed in the community for four days for immersion to obtain the data needed.

Study Area and Population

The study area is in the mountainous areas of Calinog, Iloilo within the mountain range of Mount Baloy that connects the four provinces of Panay namely: Iloilo, Capiz, Aklan, and Antique.

The mountain people of Panay today are primarily concentrated in the interior on slopes at the headwaters of such rivers as the Pan-ay, Jalaur, Aklan, Bugasong, Ansuage, and Ulian. These mountain people are generally called Bukidnon by the lowlanders. The people are scattered throughout the high ranges and in the lower forests, forming separate and self-contained groups.

The study involved six key informants: three were magurangs, a parangkuton, a mayor and chief of police. Separate key informant interviews were conducted involving a mayor, chief of police and a magurang who is a veteran of several duels using bladed weapons, a week after the researchers had conducted the interviews in the area of study.

Four focused group discussions (FGDs) were conducted in the following barangays of Caratagan, Hiluan, and Aglonok, all of Calinog Iloilo and Dalagsa-an of Libacao, Aklan. The first FGD was conducted in Caratagan was participated by a magurang, the barangay chairman, two kagawads , a barangay secretary and three residents. The second FGD was held in barangay Hiluan participated by a parangkuton, a kagawad and three residents. The third FGD was conducted was conducted that was participated in barangay Hiluan by two magurangs, the barangay captain, a barangay secretary, and five residents. The last FGD which was participated by two magurangs, two counsilors and four residents took place in Barangay Dalagsa-an.

Study Instrument and Data Collection

Interview guide and focused group discussion guide were used in collecting the data for this study. The interview and FGD guides were tailored for different groups of respondents. The questions in the interview guides were constructed based on the objectives of the study. After the researchers had formulated the questions needed to obtain data from the respondents, the instrument was presented to a jury of experts who provided some suggestions in order to improve the quality of the questionnaire.

Focused group discussions were conducted in the community of the target population to supplement and to validate data gathered from the interview of key informants and also gather possible additional information which was not revealed in the conduct of interviews.

The researchers together with representatives from the Iloilo Mountaineering Club and Iloilo Green Forum set out an expedition for several days along the Calinog, Iloilo – Libacao, Aklan trail in Central Panay to conduct the study. It took the researchers four days to gather the data, which included in-depth interviews and focused group discussions (FGDs). The time element also allowed the researchers to establish rapport with members of the indigenous cultural community in Central Panay. Establishing rapport at the onset was important so that respondents would willingly answer questions propounded to them. The length of time provided the in-depth interviewers and facilitators an opportunity to get as much data as possible from the respondents of the study.

To avoid misunderstanding and to accord utmost respect to indigenous people of Central Panay, Green Forum coordinated with the National Commission on Indigenous People (NCIP) personnel based in Calinog, Iloilo to accompany the research team. However, due to unforeseen circumstances the NCIP personnel were not able to join in the conduct of the study.

Knowing the risk involved in the endeavor, the researchers wrote to the Mayor of the Municipality of Calinog, Iloilo informing him of the nature of the climb and its duration for security reasons. (Annex A) Letters of the same nature were sent to the Municipal Police Office and the Military assigned in the area. (Annex B)

The Iloilo Mountaineering Club and Green Forum, being part of the research project, provided assistance in conducting interviews and FGDs as well as in identifying guides and porters personally known to them to ensure the success of the project.

These guides identified and introduced key informants in the community to in-depth interviewers and focused group discussion facilitators who conducted the study in the community and in the way to Mount Baloy. Moreover, these guides facilitated the identification of a translator, since the researchers had foreseen language difficulty with the locals.

Establishing Rapport

Making the informants respond to questions was a challenge to the researchers. Several respondents were adamant in their belief that tubiganay exists. Some of them admit to its existence but in other communities the respondents denied its existence. The researchers made the respondents feel comfortable through the presence of one of the researchers who has been interacting with the mountain people for more than 10 years in his capacity as an officer of Green Forum Philippines. He was assigned to lead the interviews and FGDs since he had already established rapport with the community in view of his work as Research and Development Coordinator of the Green Forum. He is well known to the community and is trusted by them. However, even with his presence, the respondents were still wary and hesitant to respond to the questions and sought clarification of the purpose of the study and how the information they give will serve them. Such attitude of aloofness on the part of Panay Bukidnon people to strangers is natural and is reinforced by their experiences with the outsiders as the researchers later learned in the course of the conduct of the study: they look upon the baludnon (lowlanders) with distrust, thinking that the latter will only take advantage of them. However, once convinced, they willingly and comfortably engaged in a discussion with the researchers which enabled the researchers to gather enough data for the study.

Mode of Analysis

The analysis of data was based on Victor Turners’ approach to symbolic anthropology. Turner believed that the interpretation of ritual symbols could be derived from three classes of data: (1) external form and observable characteristics,

(2) the interpretations of specialists and laymen within the society, and

(3) deduction from specific contexts by the researchers (McGee and Warms, 2004).

CHAPTER III

RESULTS AND DISCUSSION

Role of Magurangs in Conflict Resolution

In both modern and traditional society, resolving conflict is a never ending process. Resolving conflicts in modern society is highly legalistic in nature with roles and level of authority clearly defined by law. In a traditional society, conflict resolution involves the interactions of traditional roles that are not rigidly bounded by statues.

In this study, through in-depth interviews supported by focused group discussions, the researchers found out that the magurangs perform a very crucial role and are in fact at the center of the conflict resolution process. They are involved in the conflict resolution process by acting by acting as mediator or arbiter and in so doing consciously preserve their honor and integrity and maintain their prestige in the community.

A magurang is someone who is usually an old person, accorded with respect by the community in recognition of his wisdom and capacity to discern community concerns including conflict resolution. The respect that a magurang earns from the community results from his possessing knowledge beyond that of ordinary people’s and deep understanding of the culture.

The word “magurang” came from the word “gurang,” meaning an old person or elder. Being old implies that a person already has a lot of experiences, making him wise enough to give advice to other people and participate in deliberating community concerns including conflict resolution. Not every old person can become a “magurang” because one must prove that he is capable of discernment and is a leader who can be trusted.

When people are in need, they go to their recognized magurang to seek his aid. The help that a magurang can provide includes financial, security, medical, and even personal assistance to community members.

Magurangs usually have more stock of wealth than ordinary people. They cultivate wider farms and the cultivation is made possible because of the help of the people themselves. When a magurang wants to clear his plot or harvest his crop, he just gives a signal to the people, and they automatically respond. This makes him capable of maintaining a wider farm, making his economic life above subsistence and enabling him to help those who are in need.

The magurang’s power and prestige in the community rely on his ability to fulfill what he had promised on behalf of his people. During a mediation process, for example, when a magurang agrees to indemnify the victim of a murder case, he must meet the amount stated or else lose the confidence of other magurangs and even his own people. The effort to meet the amount is not only the responsibility of the magurang himself but the entire clan and other people under him. Each one of them has a quota that they have to meet at whatever cost. The share of a member is based on his capacity to pay.

In the conflict resolution of the Panay Bukidnon people, the magurang play a primary role. They act as negotiator, mediator, and guarantor in resolving conflicts between or among individuals.

From among the magurangs one will earn an undisputable reputation of fairness and justice making him as the husay. The husay acts as facilitator, mediator or arbiter, if necessary, in conflict resolution.

According to Balma (2011), “A good negotiator is one who knows when, where, and how to endorse a compromise. It is essential that such an endeavor be conducted with fairness, open-mindedness, and transparency. The third party, therefore, is neither a referee nor a facilitator; he is the active third party. It brings in fundamental values that are essential to consensus-building and social cohesion.”

When a series of killings occur, the magurangs, in their desire to put an end to it, will convene the council of the magurangs. The council of the magurangs is composed of elders with one of them acting as husay.

The meeting between or among the magurangs would be easier to convene if they have established an alliance called higara. Higara as an alliance is sealed by the exchange of valuable possession/s like talibong or plow. The alliance does not involve other members of the community but are expected to recognize the agreement.

Wolfinbarger (1990) asserted that gifts are more valuable to participants for the symbols involved than for the material benefits exchanged. Schieffelin (1980, in Sherry 1983) viewed the giving of gifts as a rhetorical gesture in social communication. Exchange of objects can be understood as expressive statements in the management of meaning: the transaction becomes the basic expressive act by which symbols mediate cultural meanings. Gift-giving then, is probably a vehicle of social obligation and political maneuver.

Before the meeting is held, actions are done to ensure that both parties are willing to submit themselves to the community’s conflict resolution procedure, that is, they should indicate positively to the padara (emissary) that they are open for negotiation. In the meeting of the council of elders, all attendees must dispose themselves of their arms. Barangay officials present can join in the discussion if they themselves are magurangs but they are there as magurangs and not as barangay officials. The direct parties of the conflict are not supposed to attend but are to be represented by their recognized magurang.

The meeting will focus on how much bugay sa kalag (damages) will be paid. In the past, the unit of payment is one linansang (nailed) –meaning one talibong. Linansang as a word is used because to insert the bolo to its handle, one has to nail it. One’s life is associated with his talibong, so when you take one’s life, you need to pay it with its equivalent, the talibong. At present, payment has evolved to other things provided they are valuable but usually the total value is estimated in terms of money. The purpose of the payment is for the offended family to go on with their lives.

Things have values which are emotional as well as material; indeed in some cases the values are entirely emotional (Mauss, 1967 in Ragone, 1999). Ragone (1999), to illustrate further what material gifts represent, quoted Levi Straus (1965) stating, “Goods are not only economic commodities but vehicle and instrument for realities of another order: influence, power, sympathy, status, emotion…”

Once the bugay sa kalag has been determined, the magurang concerned will ensure and facilitate the payment. The burden of the bugay sa kalag is that of the whole clan and not only of the assailant; thus, it will be distributed among the members of the clan equitably, according to one’s capacity to pay. If a member cannot contribute due to poverty, he can borrow from the magurang with the condition that the value of the loan would be doubled if he failed to pay on time.

Role of Barangay Officials in Conflict Resolution

The Local Government Code provides that barangay officials with legal authority to resolve conflict at the barangay level. However, it has been practiced that all forms of conflict are resolved by the magurangs. Barangay officials can participate in the conflict resolution process if they are magurangs themselves, but if not they act only as observers. The cases resolved are supposed to be reported by the Barangay Secretary to the nearest court. In most resolved conflicts remained unreported and are left to the community itself.

Nature of Tubiganay

Tubiganay is a process whereby individuals, families, clans, tribes engage in battle to defend or protect one’s honor and property or that of the family or tribe. It is also a vehicle to seek justice or avenge grievances. If one is aggrieved he will challenge a person to a fight using deadly weapons or attack him in his place, particularly his house.

In its extreme form of duel, warriors tie a rope or string around each others’ waist to really test one’s bravery and grit and ensure that no one will escape. The material used in tying the waist is baklus or the string of the G-string of one warrior to the other warrior. Later, they just use ordinary strings made of abaca (Manila hemp, which is abundant in the place), siapo-bark of tree or hagnaya or hikbid-a kind of vine. It is like tying each other’s belt, the purpose of which is what a councilor of Brgy. Caratagan Calinog called “wala atrasan (fight to death).”

Such a form of duel wherein two persons use talibong, while tied to each other, was confirmed to have existed in the past. According to Tay Teroy,“Sang una pa ran nga panahon, waay pa ran guro gani ako natawo.Tiempo paran guro to ka katsila ay…”

“It’s in the past; I might not have been born yet. Maybe during Spanish times…”

To substantiate his account of the existence of tubiganay as a means of resolving conflict, Tay Teroy recounted what he witnessed in Brgy. Dalagsaan, Aklan when he was still young. “Kaisa lang ako tana kabati kada sa taga Aklan gid tana. Nga.. atong didto ya sa ilawod gid bala,sa Dalagsaan gid.Tabtab guro ka paranglabo ang mga balkus… kundi dagdag bahag namay ana ra tana e.Sige away na asta mpatay ang kontra eh. Para mapatay ang kontra maski waay tana ti bahag.”

“Wara man dun sanda nagaway sa tubig. Sa takas mo! Ti pag-initay bala nga kwan ti pag paranglabo sanda dun ti ay daw wara tana poruy tawo.Gabarahag ti abay guro, ang gabahag ang gaparanglabo.”

“Sa ato ya nga lugar ya tana sa may Aklan, pinasahi, nga lain ya nga doon toya tana. Magbarais sanda dayon kay kayot nga deperensya, gabot dayun ka talibong na. Dayaw ako to Jimmy. Natabuan ko to bulangan gid. (Daw) Buhok lang gatapwak mo.”

“Ah… sawayon, kalmada ma lang. Sadya duman tanda. Pero ano klase nga mga tawo tanda doon! Nagbarais kag naggamit dayun binangon, borubuhay mayad naman dayon. Binulangay naman sanda. Kuon ko kara, kakurulba!”

“May hangod nga kahoy, tuya ako gasurusandig. Kay koon ko, mayad man may kay ang likod ko madepensahan ko, ang atubang ko lang ang bantayan ko.”

“I heard it only once from the Aklanons. There in the downstream, in Dalagsaan. The string of a warrior’s G-string was cut due to hacking…so the G-string fell. But he continued fighting until his enemy died. He did not mind having no G-string as long as he killed his enemy.”

“They did not necessarily fight in the water but they can also engage in battle along the riverbank! In the intensity of bolo fighting a man lost his bahag. Maybe they wore bahag, those involved wore bahag.”

In that place in Aklan, weird, it is different there. When they argue even on petty things, they immediately let their talibong out. I was indeed amazed there, Jimmy. It really happened in the cockpit. Like a waving hair.”

“Ah…once pacified, they became calm. They were happy again. What kind of people are they! They argued and used bolo, later they were on good terms again. They returned to cockfighting. I said to myself, it is frightening!”

“I leaned against a huge tree. I said to myself, it is good because I do not have to watch my back but only what is happening in front of me.”

What Tay Teroy actually recounted pertains to the ferocity of Aklanons when it comes to duel involving talibong. So ferocious that they even fight over petty matters but once pacified they remain calm and interact again with each other even after a bloody encounter. This sudden shift of behavior suggests that there is nothing spectacular about bolo fighting among the Panay Bukidnon people.

When Tay Teroy said that he “heard” about Tubiganay it did not mean he just heard about it. His knowledge about the subject is not hearsay. He was only trying to make an introduction into his personal experiences. He tried not to be boastful, consistent with his reserved demeanor. A meticulous reading of Tay Teroy’s account would show that he personally witnessed the incident that happened in Brgy. Dalagsaan, Libacao, Aklan. There is logic in his statement; that he was shocked and frightened, and he tried to protect himself by leaning his back against a huge tree so that if anything happened, he will just cover his front. Tay Teroy was ready to defend himself even though he did not mention bringing a bladed weapon. It must be noted that all men in the mountains are armed, either by bladed weapon or firearm as the researchers had observed in the conduct of the study.

Tubiganay, according to Parangkuton Winnie is also called sampalayo sa tubig (sampalayo in water). “Sampalayo” is a dance wherein two persons act like they are fighting. Dancers simulate a fight. Parangkuton Winnie Mundia explained:

“Sampalayo sa tubig. Ang tubiganay medyo daw kwan , daw dumog man ja nga sestima mu galing lang, pay masaka ran kamu ja.Sampalayo sa tubig, amu karan nga sampalayo nga saot man.Ngalan na…tubiganay gid man ran tana. Lain ran tana sa tubig, lain man tana, halimbawa bi,sa babaw pro daw gaaway man sanda e, gatukar tana ka gitara. Curacha, angay man ra kuno sampalayo, man-an mu sa angay-angay lng e pro lain gid tana ang tubiganay.”

“Sampalayo in water. The tubiganay is like wrestling but you have to do it out of the water. Sampalayo in water, that is sampalayo, the dance. Its name…indeed tubiganay. It is different in water, it is different, for example, they are like fighting while the guitar is played. It is like curacha but it is different.”

“Sampalayo” is a dance that simulates a fight between two warriors. As Parangkuton Winnie demonstrated, thrusting and striking hand movements must be in rhythm with the music and movements of the other warrior/dancer. Although Tay Cesar emphasized that sampalayo as “sinadya” or a form of entertainment, it is evident that it also develops dancers’ fighting skills. Dancers may use sticks when they are already good and may upgrade to use talibong if they have masterfully developed precision of movements and thus prevent injuries during performance.

Tubiganay evolved over time. In the past talibong and spear were used but at present they prove to be less efficient than homemade shotgun, the preferred weapon of Panay Bukidnons for the obvious reason. A resident who was involved in actual combat pointed out the development of tubiganay:

“Pero ang pamaagi lain dun. Bukot na ti binangon kag bangkaw, pusil na tana.”

“But the means is different now. It is no longer talibong and spear, it is already gun.”

Homemade shotgun or popularly called pugakhang in local dialect is even preferred over patented guns because the latter will be “borrowed” (meaning taken) by members of the New People’s Army (NPA). If given the opportunity each family will buy pugakhang to protect its members and property even sacrificing some of their resources and needs. The availability of homemade firearms facilitated tubiganay in the twenty-first century.

Among the Panay Bukidnon once fighting had begun, it would likely to continue unless settled by the council of elders. According to a person who was involved in a fight: “Pagtapos sir napatay bugto ko indi ko paglubong, indi isa lang dapat, para duwa sanda ilubong sa ti amu na nga.”

“After the death of my brother I will not bury him, unless there are two of them who will be buried in the ground.”

The dead will not be buried unless there is another dead body whether is the perpetrator or one of his family members. Tay Berto explained that the escalation of retaliation will continue because of the culture of kantang or ugkhat and durog. Kantang or ugkhat means that as long as one cannot retaliate, the dead will not be buried. Kantang is the practice of not burying the dead and placing the cadaver without coffin on the bamboo bed outside the house until there is durog or a partner dead body either the assailant or anybody from the assailant’s family or clan. Kantang aims to dramatize the extent of grief that family members have as a result of the murder. The cadaver is left in the open even if is decomposing until justice is served.

Ugkhat, on the other hand is a practice similar to kantang but the difference is that the cadaver is placed in a sealed coffin inside the house. The extent of grief is not as deep as that of kantang.

Once someone dies due to a crime committed, expect that there will be a durog from the family of a suspect due to kantang or ugkhat. The retaliations will spread even involving the innocents because vengeance is justified. According to a popular Panay Bukidnon saying, “Matiro timu ka amo sa ibabaw kun may amo man lang sa idalom (Why will you shoot a monkey up there when there is a monkey down here)?” If the conflict is left unresolved, both parties will kill each other possibly exterminating the whole clan, thus, the need for the intervention of the “magurangs”.

Tubiganay came from the word tubig meaning water but Tay Teroy pointed out, fighting need not necessarily be in the water. So where did the word tubiganay come from?

Tay Cesar, a “magurang” from Aklan, clarified that tubig serves as boundary of their domain. The domain of a family, clan, or tribe is based on irilugan meaning flowing waters: be it a brook, a stream or a river. A family has domain over land to the stream and a tribe has a domain over land to the river. The stream or river is believed to be a neutral ground so when warriors assert their domain, they need to do it in the water. Hence, the word tubiganay.

Rationale of Tubiganay

Hobbes asserts that the object of man’s desire is self-preservation; and what he wants most to avoid is loss of life (Harmon, 1964). From the utilitarian perspective, man’s greatest pleasure is preserving life while his greatest fear is loss of life. Tubiganay can be viewed as a system of preserving the community and establishing social order.

Tubiganay as a means of resolving conflict is instinctual yet it is purposive because it is directed towards a goal. George Simmel (in Turner et al., 2012) said that “although fighting instinctually is probably the ultimate cause of social conflict, humans are distinguished from other species because, in general, conflicts are means to goals rather than merely instinctual reactions to external stimuli.”

Among the Panay Bukidnons, each man must be ready to fight to protect his family’s or his tribe’s domain. In the words of Tay Cesar, each family has a domain over a land which is part of their irilugan, be it a stream or a river, whichever applies. In the family’s domain, the entire clan’s needs are provided especially food because that is where members farm, hunt, and fish. They get sustenance for their daily existence as individuals plus their community life depends on their domain.

Domain is highly valued by the Panay Bukidnon because it’s everything to them. It is where they live and get their livelihood. Domain includes the mountain ridge, river and everything that lives therein such as plants and animals. It includes even the air they breathe. If one can defend his domain, one can keep it but, if not, he and his entire family will live miserably.

Defending one’s domain is meaningfully attributed to defending ones honor and the honor of the entire clan. Such attribution makes all members ready to fight and face death. One’s value depends on one’s readiness to accepting a challenge to fight. According to a Panay Bukidnon adage, “Bisan isa ka panid kang tabako waay timu te bajur.” If a person will not accept a fight he is practically worthless because his value is comparable to a piece of tobacco. Furthermore, those not willing to fight are ridiculed by, “Pro kon indi ka, suok ka patadyong (If you will not (fight), wear a tube skirt),” which means that a person who does not accept a fight is like a woman. Having a reputation as a sissy will not only be attributed to the person who refused to fight but also to his children.

According to Lolo Palong, a respected magurang, a warrior should always bear in mind the following guiding principles: if attacked, fight to the death, show no hesitation and be ready to die if the situation so requires. Lolo Palong said:

“Kon indi ka magbato ukon maperde ka sa inaway, himuon ka nga parahid ka buli ka iba (If you do not accept the challenge or if you are defeated, others will make you toilet paper).”

This makes accepting the challenge and winning the fight necessary because, if you lose the fight but managed to survive, you are deemed having no life as well. People will not respect you and your family now and in the future will carry the stigma of cowardice. Men will not associate with you, especially in public or in occasions. Your property will be taken in your presence or will be destroyed for no apparent reason at all. Others will let you do errands to illustrate your powerlessness. Sometimes you will be beaten up without any cause or worse, your wife is molested or raped with your knowledge.

Perception of Government Officials

How government officials perceive the intensity of the problem also defines their courses of action to address the problem. A societal problem becomes a problem if it is brought to the attention of the local government unit and included in the agenda. Prioritizing problems according to importance in view of the limited resources of the government is a highly a political process.

In an interview, the Chief of Police of Calinog Philippine National Police (PNP) revealed that he personally does not know about Tubiganay or the practice of vengeance among the Bukidnon of Calinog. At the time of the interview, the Chief of Police said that he was recently assigned in Calinog justifying his lack of knowledge about the subject. What is really visible, however, is the lack of mechanism on the part of PNP in knowing the customs of the people under their jurisdiction especially the indigenous people.

Likewise, the Mayor of the Municipality of Calinog, Iloilo said frankly in an interview, “Waay gid ko inalong-ong. Kon may timpo ka pre, sugiri gani ko (Nothing, I don’t know anything. If you have any knowledge please tell me).” Just like the Chief of Police, the Mayor has limited knowledge about tubiganay which may partly explain the lack of proper response the local government will have if ever there are killings in the mountains in the future. This is due to the fact that conflicts in the mountainous areas are resolved within the community and are rarely brought to the attention of local government officials for possible interventions.

The local government units formulate policies in order to address community concerns brought to their attention. However, among the mountain dwellers, seeking private justice is not perceived as a community problem rather as an obligation to the family or clan. The magurang system assures private justice does not escalate to a level that may threaten community social order. It is because of this perception that they do not bring community matters to the attention of the government. No wonder the knowledge of local government unit officials is limited regarding Tubiganay.

This situation renders the formal justice system ineffective in the area. More so the mountain people cannot internalize how the judicial mechanism of the state operates. Under the formal judicial system, if a formal complaint is filed in the regular court and if the judge finds probable cause, he/she may issue an “arrest warrant” and order the Philippine National Police to take appropriate action. An “arrest warrant” is an order in writing, issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer to take into custody a certain person that he / she may bound to answer for the commission of an offense (de Leon, 1999).

Causes of Tubiganay

Cheating in Gambling

A fight may erupt in a place where cockfighting is held or where there is gambling when a party complains that there was cheating involved. The extent of the cheating may be petty as involving small amount as little as 10 centavos. The amount is immaterial though, because cheating means that the cheater disregarded the honor of the person he cheated.

“May mga baraison tana tanda diyan kung anu nga klase da gagmay lang. Parehas diya anay nga paranglabo nga sa parehas sa pihak isa lang patay sa pihak darwa. Sa aton tulad nga hambalan kung sa tumbuan ukon baraha man. Nga tong te ahaw dies.”

“Daw prinsipyo da abi ang nagpatunga ang sa dies sentimos”.

“There are disagreements no matter how small. Like for example, they fought to the death, one died on one side and two on the other. At present, it is like in the ‘tumbuan’ or in card game. It was only ten centavos.”

“It is the principle that is the heart of the matter as to the ten centavos.”

Simmel (1918, in Turner et al., 2012) noted that people who have common features often do one another worse or ‘wronger’ wrong than complete strangers do, mainly because they have very few differences that even the slightest conflict is magnified in its significance. The solidarity of the group is based on the parties possessing many common characteristics. As a result, people are involved with one another as whole persons, and even small antagonisms between them can be highly inflammatory, regardless of the nature of the disagreement.

In the case of the Panay Bukidnon people, conflicts that arose from petty reasons can be interpreted as a form of expecting members to live up to the tribe’s custom of giving utmost value to word of honor. Word of honor serves as a contract which must be guaranteed by one’s life.

Patabog or Exaggerated Boast

Boasting is a means of strengthening one’s ego or status in the community. However, these may also irritate other people and may result to petty quarrels. Among the Panay Bukidnon, petty quarrels may turn into a bloody confrontation.

Respondents narrated examples of exaggerated boasts that resulted in violent confrontation. “Ang patay makalab-ot sa langit (Dead bodies will pile one after the that it may reach the sky).” “Malantaw ta ka pilas nga tag bulubintana (We’ll see a wound like a window).” The first patabog means that the intensity of violence may result to too many deaths possibly exterminating the whole clan. While the second patabog suggests the severity of injuries one may suffer during the combat which the speaker is excited see, but this also means that this kind violence is not something extraordinary to be dreaded about.

These patabogs or exaggerated statements are suggesting a message to others which they need to interpret. The statements are indirect insults, the purpose of which is to irritate the other person or in other instance warn the other person of the possible danger to come.

When making the patabog, the person doing it is trying to emphasize how tough he is. If one cannot withstand the patabog, he should better leave but if he can, he may respond to the patabog by sending a message that he is his equal. The patabog will continue until both persons settle the issue of who is better through a fight.

Revenge as an Obligation

Kantang, Ugkhat and Turog

Kantang and ugkhat are Panay Bukidnon customs that require family members of the murdered family to avenge murder. Kantang is the practice of not burying the dead and placing the cadaver without coffin on the bamboo bed outside house until there is durog or partner dead body either the assailant or anybody from the assailant’s family or clan. Kantang aims to dramatize the extent of grief that family members have as a result of the murder. The cadaver is left in the open even if is decomposing until justice is served.

Ugkhat on the other hand is a practice similar to kantang but the difference is that the cadaver is placed inside a sealed coffin inside the house. The extent of grief is not as deep as that of kantang.

Brothers or other family members are obliged to avenge the injustice to their family member; otherwise, the entire community will perceive the killing as just. Moreover, immediate vengeance would deter others from committing the same crime.

As a non-industrial society, the culture of vengeance validates the claim of Chagnon (1988) that blood revenge is one of the most commonly cited causes of violence and warfare in primitive societies. The Panay Bukidnons use revenge to have justice because as explained by Grohol (2009), revenge is the only impulse available which can be readily and quickly applied when ordinary justice through the courts is not a viable option.

The object of retaliations will not only target the suspect but will include other family or tribe members of the suspect even if they are innocent. According to a popular Panay Bukidnon saying, “Matiro timu ka amo sa ibabaw kun may amo man lang sa idalom (Why will you shoot a monkey up there when there is a monkey down here)?” To retaliate against persons who are innocent of the crime is justified because the person who committed the crime is part of a community which the Panay Bukidnon modelled to a human body that is composed of different parts. So if you injure a part of the body, you actually injure the body itself. Hence killing an enemy’s clan member is injuring the clan which the susupect is part of.

Chagnon (1988) in a study about the Yanomamo Conflicts: Homicide, Revenge, and Warfare, explained that retaliations that will result to the death of members of other tribes counterbalances the losses. Moreover, Chagnon (1988) found out that kinship groups that retaliate swiftly and demonstrate their resolve to avenge deaths acquire reputations for ferocity that deter the violent designs of their nieghbors and a group with a reputation for swift retaliation is attacked less frequently and thus suffers a lower rate of mortality.

With respect to the Panay Bukidnon people, kantang, ugkat and durog are means of a family or clan to survive and maintain social order in the mountains. Immediate retaliation will prevent other tribes from committing the same violent acts to their family or clan member.

To encourage retaliation, the Panay Bukidnons consider it morally acceptable. One of the respondents reasoned out, “Waay ko sala a. Nagbalos man lang ko (I am not guilty. I only retaliated)” The respondent, who was involved in a series of retaliatory killings and was responsible for the death of his brother-in-law, showed no sign of remorse whatsoever not only from his statement but even from his body language because it is not his fault. He even blamed the one who died by saying, “Sala nya, inaway na humlad pa iya pakpak (It was his fault. He did not hide during the shooting).” The Panay Bukidnons do not consider killing another a mistake in battle.

In his book “The Virtues of Vengeance” French (2001 as cited by Avramenko, 2003. p. xi) states that vengeance can be considered as an essential principle of morality that should not be done away with. Furthermore, vengeance sustains morality and in the context of the study, the Panay Bukidnon respondents believe that it is their moral obligation to avenge the death of clan a member who died in a treacherous manner. This principle of morality may prove to be functional among the Panay Bukidnon people and may even serve as a control mechanism that regulates human conduct and strengthens social order in the area. The fear of reprisal through private justice very well serves as an effective community control mechanism.

Deep-seated Retribution

Conflicts are settled when bugay sa kalag has been fulfilled. However, this does not prevent children of the victim to recall what happened to their father or their entire family. When a child believes that he is ready enough to challenge those who killed his father, he may avenge the injustice by committing murder. This act will start another wave of a series of violent acts involving concerned family members because the retribution of the children is not bounded by the peace agreement entered into by their parents.

Non-payment of One’s Obligation

In a society governed by a strong honor system, verbal agreement serves as a binding contract between two parties. In the absence of a system that translates verbal agreements into formal written contract, more value is given to oral agreement. The value is expressed by the intensity of violence that the aggrieved party may commit once the agreement has been violated. The following are obligations that Panay Bukidnons need to fulfil and failure to observe them may result to violence:

Bugay sa Kalag

“Bugay sa kalag” is the compensation to the family of the dead person. Bugay is either in cash or in kind. In the case of payment to the dead the unit of payment is one linansang (nailed) –meaning one talibong. Linansang as a word is used because to insert the bolo to its handle, one has to nail it. Since one’s life is associated with his talibong, when you take one’s life you need to pay it with its equivalent, the talibong. At present, payment has evolved to other things as long as they are valuable but usually the total value is estimated in terms of money. The purpose of the payment is for the offended family to go on with their lives.

If a widower marries or courts another woman within a year after the death of his
wife, he is obliged to pay the family of his deceased wife.

If one challenges others to a fight at a time that a deceased family member is not yet buried, he will be obliged to pay.

Banditry

A family who cannot defend their domain especially their household will be victimized by bandits. Those who feel defenseless from the bandits will seek the aid of a magurang who has enough resources or has a brave reputation to recover what was stolen from them or prevent the occurrence of another looting. Conflicts usually arise when the demand of a magurang for the bandits to return the loot is not accommodated. For a magurang, being able to recover the loot affirms the extent of his power and authority.

Violation of Domain

The right to own property

Failure to Seek Hunting Permission

If one hunts or fishes not in his domain, he should ask permission from the magurang who claims authority over his irilugan because failure to do so would be perceived as disrespect to the authority of the magurang. The magurang will either join in the activity or will wait for a share.

Deceitful Declaration of Hunting Share

The Panay Bukidnon people have a custom called lapi or share to the hunt. The lapi applies when another person or another person’s dog catches the prey while it is being pursued by the hunter who started the chase. The custom suggests that the person who caught the game should not slaughter it until the original hunter arrives. When the original hunter has arrived, they can now divide the game. One-fourth should go the person who caught or killed the game and three-fourths to the original hunter who shall then apportion one-half for himself and one-fourth to his dog. If this custom is not observed properly, a violent conflict may occur. Taking more than one’s share is perceived to be an act of stealing that requires serving of justice by either taking the whole or killing the one who took more than his share.

Factors Contributing for the Persistence of Tubiganay

Some practices are difficult to eliminate despite the onslaught of modernism. The practice of extracting personal vengeance as a from of formal obligation is still being practiced by the Panay Bukidnon people. The following are the factors that the researchers discovered why this practice is still alive in the area:

Distance and Rugged Terrain

The mountainous areas in Central Panay are not accessible by transportation. One must walk a great distance over rugged terrain in order to reach the place; hence the presence of the government and its mechanism are basically absent in the area. In lieu of the state justice system, the role of the magurang has evolved into a de facto “judicial” personality.

Likewise, the Mayor of the Municipality of Calinog, Iloilo said frankly in an interview, “Waay gid ko inalong-ong. Kon may timpo ka pre, sugiri gani ko (Nothing, I don’t know anything. If you have any knowledge please tell me).” The statement of the mayor suggests the lack of information of the lowlanders of the customs and traditions of the Bukidnon people vis-à-vis about conflict resolution and tubiganay.

The limited knowledge of the mayor and the chief of police about tubiganay partly may explains the lack of the ability of the local government unit to respond properly to the violent incidents in the mountainous areas. Likewise, if there are incidents of this nature will happen in the future, government officials concerned will be guessing as to manner of addressing the situation.

If a formal complaint is filed in the regular court and if the judge finds probable cause, he/she may issue a “warrant arrest” and order the Philippine National Police to take appropriate action. A “warrant arrest” is an order in writing, issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer to take into custody a certain person that he / she may bound to answer for the commission of an offense (de Leon, 1999).

Deeply Culture Bound Tubiganay
Bravery as an Ideal

The actions of individuals and collective actors are driven by needs for rewards and or utilities (Turner et al, 2012). The pursuit of a rewarding trait or behavior is the motivation of people.

Among the Panay Bukidnon people, having a reputation of being tough or brave is highly valued and is considered an ideal. One is able to protect oneself and family and at the same time gain the respect of other people. If you are not brave enough said Lolo Palong, “Himuon ka parahid ha buli ka iban (Others will use you as their toilet paper.)” Being a known coward would not only result to people not respecting you but also include your family at present and in the future because they will carry the stigma of cowardice. Your property will be taken at your presence or will be destroyed for no reason at all. Others will let you do errands to illustrate your helplessness. Sometimes you will be beaten up without any cause or worse, your wife is molested or raped with your knowledge.

If one is known to be brave, people will regard him highly. His family can remain safe and his property as well. Other people will not intrude into his domain without his permission. If others hunt or fish in his domain, he will be entitled to his lapi or share.

A brave person will not have a hard time finding a wife because the parents of the woman believe that the man can defend their daughter. When a brave person gets married he can have other wives as well, a practice which is common in the mountains.

People would like to associate with people who are brave because they can seek protection in case they are attacked by others. Brave person is likely to have several men surrounding him during occasions, which shows his power.

Informal Combative Trainings

There are some community social activities that are means of honing one’s combative skills. In fact, there is no clear dichotomy between formal combative training and social activity.

Kaingin

The challenging terrain in the mountains of Panay makes toughness a necessity. One has to develop a body strong enough to traverse the mountains carrying some loads, prepare a kaingin(swidden) or go hunting. These activities require not only strength but also stamina and other skills.

During kaingin preparation, a person cuts the trees and other vegetation before burning them to clear the area. Through this activity, a person develops skills in handling the bolo and at the same time strength in the hands that he can use during a bolo fight. Tay Cesar told the researchers that when a person is a skilled kainginero, it is easy to teach him striking and blocking techniques used in combats using bladed weapons. He further revealed that he was once challenged to a fight by a lowlander who was said to be an expert in arnis. He had no hesitation accepting the challenge because of his skills in handling the talibong, honed in preparing his kaingin.

The interview was conducted in Tay Cesar’s house which he claimed to be part of Brgy. Dalasag-an, Libacao, Aklan. However, after the interview was conducted, Mr. Jorge Abordo, Research and Development Coordinator of Green Forum Philippines, clarified to the researchers that the place is still part of Tapaz, Capiz. Residents in the area consider themselves as Aklanon.

Dumog as a Competitive Sport

Dumog or wrestling is a popular sport in the mountains. During occasions like weddings or fiestas, one of the events that provide entertainment to the people is dumog. Participants are either children or adults whose opponents are identified during the event, thus one has to be ready anytime and should possess skills and strength to wrestle. In some instances, a tournament is held where a winner is declared. Competitive dumog encouraged would be participants to hone their strength and skills in preparation for the competition. Dumog is also the activity of people performing ordinary activities such as planting or harvesting or just grazing their carabaos.

Sampalayo

Sampalayo is a dance that simulates a fight between two warriors. As Parangkuton Winnie demonstrated, thrusting and striking hand movements must be in rhythm with the music and in coordination with the movement of the other dancer. The object of sampalayo is “sinadya” or a form of entertainment but through it, warriors’ fighting skills are developed. Dancers may use sticks when they are already good and may upgrade to use talibong if they have masterfully developed precision of movements and thus preventing injuries during the performance. Sampalayo is performed during occasions such as weddings and fiestas.

However, sampalayo as martial dance was not included in an article written by Dr. Larry Gabao (2011) posted at the http://www.ncca.gov.ph/about-culture-and-arts/article. This would show the limited knowledge of the outside world about the Panay Bukidnon culture.

Perceived Inappropriateness of the State Justice System

“Ang police ginago da tana(Police work is foolishnesses),” said one of the magurangs who could not figure out the process of police work. For them police investigation and other procedures make no sense because there is no use of finding the assailant and putting him to prison when somebody already died.

Imprisonment is not considered an appropriate penalty since it cannot compensate for the loss of life or lives. On the other hand, the suspect’s family will be at the mercy of retaliation from the victim’s family. This makes the state’s judicial system inappropriate and ineffective.

The justice system of the state is strange to them because they find it very expensive and it takes a lot of time. The state’s criminal procedure requires documents that many of them are not accustomed to and they simply do not have sufficient resources to finance the litigation until its resolution.

Moreover, the Bukidnons develop distrust to the balodnons or people in the valley or people in the downstream because many times they have taken advantage of. This sense of distrust prevents them from approaching the proper authorities and submitting themselves to judicial institutions.

The Panay Bukidnon people preferred their own way of resolving conflict through the mediation or arbitration of the council of the magurangs because they are not only accustomed to the process, but it effectively kept the peace and stability of their community. Furthermore, the Bukidnon conflict resolution intends to compensate the loss of life so that the victim’s family can go on with their lives, unlike the mainstream justice system whose object is to punish the guilty party which will not mean anything to the life of the offended party.

Indigenous Medicine

The Panay Bukidnon people have a way of dealing with wounds that result from fighting using bladed weapons without which many of them would not have survived given the distance, the terrain and the lack of modern transportation. To stop bleeding, Tay Teroy revealed, they use rotten wild banana, a plant abundant in the area, and it is applied to the wound. To avoid infection and to hasten the healing, they use the bark of tree called sumpa. But the most potent medicine which is difficult to find because it seldom appears is himag. It cannot be ascertain whether himag is a plant or a kind of mushroom.

Tubiganay as an Institution

George Herbert Mead (in Turner et al, 2012) defined institutions as “…the whole series of such common responses in the community in which we live. The institution represents a common response on the part of all members of the community to a particular situation.”

Tubiganay is an institution among the Bukinon people of Central Panay because it serves the purpose of the community. Individuals settle their conflict on their level as individuals. However, it does not mean that community does not sanction it because in tubiganay it is the victim’s family that will be compensated by the community and not by the individual.

The magurangs ensure fulfilment of compensation even if the value of the bugay is quite high by distributing the burden to community members based on their capacity to pay. Members of the community are compelled to contribute because they cannot allow their recognized magurang not to honor what he had pledged for this would affect his status to the whole tribe.

The role played by the magurangs takes away the right of the individual to put the law in his hands and seek for justice. The magurangs have created institutional mechanisms that substitute individuals in coercing others to live up to morality or punish wrongdoings.

Moreover, tubiganay is integrated into other aspects of the community, including a war dance called sampalayo. Sampalayo’s dance steps simulate a fight; hence being skilful in it would mean being prepared for bolo fighting.

CHAPTER IV

CONCLUSIONS AND RECOMMENDATIONS

Summary of Findings

The magurang system is central in the conflict resolution process among the indigenous communities involved in the study. The magurang as an institution yields unchallenged “judicial authority” in resolving practically all forms of conflicts.

Conflict resolution through tubiganay wherein combatants settle their disputes in a duel using bladed weapons and tying ropes around their waists to ensure that no one can escape is no longer practiced in the area of study. However, the researchers found out that private justice through vengeance by using other forms of killing is still practiced by the people of Central Panay Mountains which may lead to a large scale tribal war. The realization of private justice involves the practices of ugkhat, kantang, and durog.

The rationale of tubiganay is self-preservation, defense of honor and domain of the family, clan, and tribe and maintaining social order. It serves as an effective détente to further violence. In the absence of an operating state’s judicial system in the area, “tubiganay” provides the mechanism of settling disputes before it escalates into a much higher level of conflict that may threaten the survival and well-being of the community at large.

Local government officials’ knowledge of the existence of tubiganay is very limited since conflicts involving indigenous people are rarely brought to their attention. In a front page story of Panay News dated September 12, 2012 entitled “Army soldier victim of Tumandok vengeance?” the Third Infantry Division spokesperson dismissed the practice of durog by saying “Violence is not in the culture of the Tumandok.” This is contrary to the findings of this study.

The common causes of tubiganay are cheating, exaggerated boast, vengeance, deep-seated retribution, non-payment of one’s obligation, banditry, and violation of domain which includes failure to seek hunting permission and deceitful declaration of hunting share.

The persistence of tubiganay due to the following factors: distance and rugged terrain, tubiganay is deeply culture bound because bravery is an ideal, informal combative training that includes kaingin, domog as competitive sport and sampalayo, perceived inappropriateness of the state justice system, and tubiganay as an institution. Social activities such as domog, sampalayo, and even kaingin preparation are considered combative training because they hone the skills and abilities of people to fight.

Recommendations

Based on the findings of the study the researchers strongly recommend the following:

The government shall recognize the conflicts resolved by the “magurang” system as official, in lieu of the Barangay Justice Sytem prescribed in RA 7160 otherwise known as the Local Government Code of the Philippines. The law states that the Barangay Chairman and members of the Lupon have the legal authority to resolve conflicts at the barangay level. However the study shows that a “magurang” need not be a barangay official, hence, he has no legal personality to officially resolve conflicts which should be formally reported to the nearest court by the Barangay Secretary. Because the “magurang” exercises some degree of judicial personality, resolutions of conflicts through them shall be deemed as official and acceptable by the nearest court. Consequently, there is a need to create of implementing rules to this effect.
The findings should be shared with the government offices concerned so that they will have better insights into the way of life of indigenous people and hopefully formulate realistic policies that will increase the awareness of public officials and the public at large.
The government should make its presence felt in the area by educating the people that only the state has the sole power to deprive a person of his life after due process of law through regular visit of the PNP in the area and by providing social services.
Conduct further studies along this area to fully understand and appreciate the indigenous way of life of the people in the mountainous area of Central Panay.

INTERVIEW GUIDE QUESTIONS I

(For Key Informants-Elders/Village Chiefs)

Tubiganay

What is tubiganay?
How is tubiganay done?
What are the rules of tubiganay?
Based on your knowledge, when did tubiganay start?
How did tubiganay start?
Who can participate in tubiganay?
If there is tubiganay, who could watch?
Preparations
Are there techniques or strategies that a participant in tubiganay need to master?
What are these techniques or strategies?
When someone is challenged to tubiganay what will he do?
Is it possible not to accept the challenge of tubiganay? Why?
How is the wounded person treated?
When someone dies due to tubiganay, what will happen to his family?
Government and Tubignay
What is your concept or idea about the Government?
Have you felt the presence of government? (If yes) How? (If no) Why not?
What is your knowledge about the following:
Police
Military
Judges
When there is conflict, is it proper to go to the respective authorities?
What is your view about courts as an institution that determines who is guilty?
Are you aware that there are laws which serve as bases of settling conflicts?
In your opinion, it is possible to implement laws of the state in your community?
Are you aware that tubiganay does not conform to the norms of the state?
How effective is tubiganay in providing peace and order in your community?
Do you prefer tubiganay in resolving conflicts? Why?
In your view it is possible to implement state laws in your community? (If yes) How? (If no) Why not?

INTERVIEW GUIDE QUESTIONS I

(For Key Informants–Hiligaynon)

Tubiganay

Ano ang Tubiganay?
Paano ang tubiganay ginahimo?
Ano ang mga pagsulundan sang tubiganay?
Sa imo pagkahibalo san-o ang tibiganay nag-umpisa?
Sin- o ang pwede magtubiganay?
Kon may magtubiganay, sino ang puede makatan-aw?
Ano ang kabangdanan nga-a naga- tubiganay ang duwa ka tawo?

Mga Pagpanghanda

May mga technique o estratehiya nga dapat i-master sang naga-tubiganay?
Ano ang mga technique nga ina?
Kun may manghankat tubiganay, ano dapat ang himo-un sang natungdan?
Puede bala nga indi pagbatunon sang isa ka partido ang pagpanghangkat sang tubiganay? Nga-a?
Paano ginabulong ang pilason?
Kon mapatay ang nagtubiganay, ano ang matabo sa iya pamilya?

Gobyerno kag Tubiganay

Ano imo concepto/ideya sang Gobyerno?
Nabatyagan nyo bala ang presensya sang gobyerno? (If yes)Paano?
Nakahibalo ka parte sa:
Pulis
Military
Husgado
Kon conflicto, nagakabagay bala nga magdangop sa mga natungdan ng otoridad?
Ano ang panan-aw nyo sa aton mga korte bilang institusyon nga nagahusga kon sin-o ang may sala?
Kabalo kamo bala nga may mga laye/kasuguan kita para sa pagsettle sang mga conflicto?
Sa panuluk mo, puede ayhan ma-implementar an mga kasuguan/laye sang pungsod sa inyo lugar?
Kabalo kamo bala nga ang Tubiganay wala nagasanto sa kasuguan sang pungsod?
Epektibo bala ang tubiganay sa pagpatigayon sang kalinong sa inyo lugar?
Ginapasulabi bala ninyo ang Tubiganay sa pagresolba sang conflicto? Nga-a?
Sa inyo pana-aw, pwede ayhan ma-implemetar ang kasuguan sang pungsod diri sa inyo lugar? Paano?

INTERVIEW GUIDE QUESTIONS II

(For Key Informants-those who experience tubiganay)

Tubiganay
1. What is tubiganay?
2. How is tubiganay done?
3. What are the rules to be observed in tubiganay?
Preparations

Are there techniques or strategies that a participant in tubiganay need to master?
What are these techniques or strategies?
When someone is challenged to tubiganay what will he do?
Is it possible not to accept the challenge of tubiganay? Why?
How is the wounded person treated?
What will happen to your family in case a person is injured or a person died as a result of tubiganay?

Government and Tubignay

What is your concept or idea about the Government?
Have you felt the presence of government? (If yes) How? (If no) Why not?
What is your knowledge about the following:
Police
Military
Judges
When there is conflict, is it proper to go to the respective authorities?
What is your view about courts as an institution that determines who is guilty?
Are you aware that there are laws which serve as bases of settling conflicts?
In your opinion, it is possible to implement laws of the state in your community?
Are you aware that tubiganay does not conform to the norms of the state?
How effective is tubiganay in providing peace and order in your community?
Do you prefer tubiganay in resolving conflicts? Why?
In your view it is possible to implement state laws in your community? (If yes) How? (If no) Why not?

INTERVIEW GUIDE QUESTIONS III

(For Key Informants-Concerned Government Officials)

Tubiganay

Are you aware of tubiganay?
Are there cases of tubiganay brought to your attention?
What do you think are the reasons why the indigenous cultural communities still practice tubiganay?
What actions did you or your office take in relation to tubiganay?
Do you think the government can stop tubiganay? (If yes) How? (If no) Why not?

Reference

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www.discoveranthropology.org.uk/about-anthropology

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Schedule of Activities

Activity	Date	Output
Data Gathering	April 9-13, 2012	Transcript of interviews and FGDs
Data Processing	May 24-30, 2012	Organized Data
Writing of Initial Draft	May 31, 2012- June 15, 2012	Initial Draft
Correcting the Draft	June 16-20, 2012	Corrected Copy
Preparing the Final Copy	June 28-30, 2012	Final Copy

EVENTS