Qualitative Analysis of Amicable Settlement for Dispute Resolution of Ifugao Tribes

Journal of Critical Reviews

ISSN- 2394-5125 Vol 7, Issue 11, 2020

QUALITATIVE ANALYSIS OF AMICABLE SETTLEMENT FOR DISPUTE RESOLUTION OF IFUGAO TRIBES

Warren Tayban

Ifugao State University, Ifugao, Philippines

Received: 16.03.2020 Revised: 21.04.2020 Accepted: 14.05.2020

Abstract The way of settlement of dispute and misunderstanding among people of the land has different approaches to resolve. An interesting study with the use of qualitative analysis was conducted to analyze the amicable settlement as one of the alternatives for dispute resolution of Ifugao tribes. It is found out that amicable settlement (punhuhummangan) is the very first stage that is applied in alternative dispute resolution when conflict or dispute arise from the concern member of the tribe. All peaceful measures will be used to settle conflict. However, when the disputes or conflicts cannot be settled through amicable settlement. It is recommended that this practice of dispute settlement is documented to continue the practice of the Ifugao Tribes and to better understand the culture of them. Keywords: Culture, Dispute Resolution, Ifugao Tribe, Punhuhummangan

INTRODUCTION Globally, aboriginal communities continue to focus on Aboriginal participants were delimited in answering what are the common Dispute Resolution processes and Alternative Dispute Resolution indigenous dispute resolution practices of their tribes to include ( ADR) systems rather than lawsuits in court. If they involve the cases and processes involved. intra-communal or inter-communal problems as well as such complex concerns as protection of intellectual property rights, The participants were chosen purposively for the reason that this need is easy to distinguish. Litigation at trial is usually they were majority identified by their tribe and community prohibitive; occasional delays in settling motions or lawsuits are people as the most reliable sources of knowledge relative to very common with long queues of cases. Most specifically, indigenous dispute resolution of their tribe. litigation with its fundamental rudiments of dispute, finding fault and judging allowed settlements combined with its adversarial The locale of the study was confined within the province of atmosphere. Generally docile and unassuming, if not necessarily Ifugao since it was the most feasible for the researcher to conduct invisible to the modern community, indigenous peoples would the study. The study was conducted in communities within the tend to focus on their tried and tested ways of settling disputes province of Ifugao where most of the Tuwali, Ayangan, and peacefully and amicably. This includes conventional methods of Kalanguya tribes resides. The study areas were selected based on dispute resolution including face-to - face conversation and a population of each community dominated by the said tribes and quiet, if not muted, dialogue and problem resolution [1]. Thus, where cases of disputes were resolved through indigenous the need to investigate their practices on dispute resolution of practices. Such places were Lagawe, Hingyon and Lamut for the Ifugao tribe is necessary to come up with some model or Tuwali tribe, Eastern Lagawe and Ducligan for the Ayangan tribe documentation of preservation of its practices. To be particular, and Tinoc for the Kalanguya tribe. the study determined the practice of amicable settlement also known as (punhuhummangan). Ifugao is composed of several ethnolinguistic groups. According to dialect boundaries, they could be grouped into Western, METHODOLOGY Eastern and Central. The major sub-groups are the Tuwali, Research Design Ayangan and Kalanguya. Tuwali, considered as the official This study utilized a method of qualitative research using case language, is spoken largely in the Western area (Kiangan, Lagawe, study design. Such architecture has been used since there has Hungduan) [4]. been direct observation and contact with the participants. According to [2], qualitative research is about people attitudes, Ifugao is situated at the foot of the Cordillera Mountains in motives and behaviors. Moreover, qualitative research aims at Northern Philippines, precisely located at longitude between understanding provided the research issue or topic from the 12050 and 12132 and between 1635 and 170 latitudes. It is perspective of the local population it involves. In addition, case bounded by the Province of Mt. on the north, Isabela on the east, study research is an empirical investigation that examines a Benguet on the west and Nueva Vizcaya on the south. This is a contemporary phenomenon in depth and within its real-life landlocked province with no access to the sea. context , especially when the boundaries between phenomenon and background are not readily apparent [3]. In addition, the way Having been born and lived in Ifugao, specially being a son of the the assessment of [7] conducted was became a model to Tuwali tribe having been exposed to cultural practices of the determine the level of implementation of the dispute resolution. Province, the researcher had chosen the place as the locale of the study to document and appreciate more the cultural practices in Population and Locale of the Study settling disputes and their best practices which could be a The study confined to the indigenous dispute resolution practices window of not only appreciation but adoption in the barangay, of the Ifugao tribes. The participants were composed of three municipal, and provincial legislation of the Province. male elders of the Tuwali tribe, two male elders from the Ayangan tribe, and two male elders from the Kalanguya tribe. The

Journal of critical reviews 297

QUALITATIVE ANALYSIS OF AMICABLE SETTLEMENT FOR DISPUTE RESOLUTION OF IFUGAO TRIBES

Instrument Agwet for Ayangan, and Bultong for the Kalanguya tribe. The In the gathering of data, the researcher used an in-depth basic idea behind Ordeal 's trial was that God should offer divine interview with the aid of a self-structured interview guide. Also, help to those who were innocent of crimes, and protect the audio tape/video recording device was used to record details of defendant who was subjected to any hazardous and physically data to be gathered and to supplement important information to damaging action. This was a way of settling cases without the be noted by the researcher. Observation as well was done, in need for issues such as witnesses or evidence. Instead, people order to collect more or additional necessary data needed in the assumed that what mattered was Judicium Dei, or God's study from the respondents in cases where there was an actual Judgment [5]. Over time, history tells us that nothing much has case on hand to be resolved in the indigenous way of settling changed regarding the trial by ordeal in the past to present. Even disputes. Secondary data was gathered through literatures, the holy bible holds an account of how this method of archives and review of pertinent documents like records and determining guilt or innocence is undertaken. Described in the other existing files, to supplement the needed primary King James version of the Old Testament (Numbers 5:11-31), a information for the study. woman accused of being unfaithful to her husband was to carry out this practice. It was called the "ordeal of bitter water," and in Statistical Treatment an earthenware vessel the woman had a concoction of dirt The researcher used thematic analysis to display and describe ingested from a temple floor and holy water. If after the rite, her the facts regarding indigenous dispute resolution practices of the "belly swell an' her legs fall apart," she was found guilty of Tuwali, Kalanguya, and Ayangan tribes as an alternative to court adultery. Unless the practice did not hurt her, however, she was litigation. By reading and re-reading transcripts of interviews the seen as not guilty and her husband was forced to avoid wrongly researcher becomes familiar with the results. Similarly, during accusing her. Despite appearing in the early Bible's relatively the interview , the researcher listened to recorded information straightforward guidance, there is no evidence that anyone else and reflects it to his handwritten notes to confirm, verify, and or in the Bible has ever performed this practice.[6]. complement the information. To search trends in the details, the data were organized into graphs, time charts, frequency lists, process figures, codes and other formats. The researcher starts CONCLUSION AND RECOMMENDATIONS writing up the final report after the themes are defined and The three tribes of Ifugao included in this study have more named and presents the findings and interpretation of the data. similarity than differences. The common alternative dispute resolution practices of the Ifugao tribes are effective even up to RESULTS date, still alive, applicable, respected by the Ifugao’s having such This phase introduced the data analysis and interpretation. unique ways of peacefully settling a case with unbelievable speed Moreover, this chapter describes the amicable settlement as one and finality. The distinct indigenous dispute resolution practices of the Ifugao Tribes' alternative dispute resolution activities. The of the different tribes of Ifugao are not at present being practiced amicable settlement is common among the tribes, only it differs but still written and documented as part of the cultural heritage. on the terms. For the Tuwali tribe, they term it as “Hummangan”. Thus it is highly recommended a written document must be keep The Ayangans term it as “Happetan” and the Kalanguya tribe in the barangay whenever there is amicable settlement occurred term it as “Tong-tong”. In the process of settlement of disputes, during the dispute resolution. humangan/happetan/tong-tong is the first resolution practice they usually do to settle conflicts. A case is first settled through REFERENCES peaceful negotiation (hummanganhappetan/tong-tong) between the two parties involved. This is carried out by a 1. C. Osi. Understanding Indigenous dispute resolution processes and “munbattan/munkalun” or mediator for the Tuwali tribe. Western Alternative Dispute Resolution. Retrieved July 2019, from Ayangan tribe called it as “munfattan” or go between person https://cardozojcr.com/vol10no1/163-232.pdf, 2008. serving as the mediator. The Kalanguya tribe settle their conflicts 2. M. Maxfield & E. Babbie. Basics of Research Methods for Criminal before the elders (mantungtung). Once conflicts are peacefully Justice and Criminology. Wadsworth Publishing; 3 edition. June 22, settled, decision will be peacefully implemented by both parties. 2011. On the other hand, disputes or conflicts which cannot be settled 3. R.K. Yin. Case study research: Design and methods (4th Ed.). through a peaceful means (punhuhummangan) are usually Thousand Oaks, CA: Sage. Trudie Aberdeen University of Alberta, settled through the application of customary laws or through 2009 trial by ordeal. These are common practice among the Tuwali, 4. L. Dulawan. Ifugao Culture and History. National Commission for Ayangan, and Kalaguya tribe concerning land disputes. Once a Culture and the Arts, 633 Gen. Luna St., Intramuros, 1002 Manila, party is proven guilty by means of trial by ordeal, protests and 2001. appeals are not entertained. The decision is final and executory. 5. A. Pourciaux, Trial by Ordeal: Submitting the accused to combat or Customary laws are applied by way of mastery of family burning or boiling saved the need for trials, witnesses, or evidence. genealogy. This plays a very important role in the resolution of Retrieved on July 30, 2019 from disputes and conflicts among the tribes. A “munkalun” or the go- https://www.thevintagenews.com/2018/05/25/trial-by-ordeal/. between tasked by the clan to speak on their behalf in cases of 2018 conflicts often try to resolve disputes or conflicts amicably by identifying the source of conflict. A narration of the genealogy of 6. A. Primm. A History of "Trial By Ordeal" retrieved July 30, 2019 both families is very important especially if the conflict or from http://mentalfloss.com/article/50161/history-trial-ord. dispute is within a single community as the “ton-ton” will show 2013. that the conflicting members of the community are related either 7. G.M. Dioses, R.P. Aquino, R.P. Cammayo& R. M., Dellosa, The analysis through consanguinity or affinity. Once the disputing members of perceptions on the level of awareness and implementation of know that they are kin, the conflicts can be settled peacefully merit system of state universities and colleges of the Philippines. without the need for applying the customary law. Trial by ordeal International Journal of Scientific and Technology Research 8 (10) is called by Tuwali and Ayangan tribe as “haddakan” or ,pp.2845, 2019 “hadchaan”. Trial by ordeal is being carried out by with rituals called as baki or fa-i. These rituals will require the accused and the accuser to butcher Five (5) chickens to be offered to the five (5) gods and goddesses in order to ask the god and goddesses to look down who is the one guilty. After the ritual, the wrestling will follow. In the case of Tuwali tribe they call this as Bultung,

Journal of critical reviews 298