62. Debts for which the kin of the deceased are held.--When a debtor

dies childless, the kin who inherit, if there be such, must pay debts

that were incurred on behalf of their family. They are, too, jointly

responsible with the wife, for these debts incurred on behalf of the

debtor's descendants. If there be nothing inherited, all the kin are

responsible for these debts in proportion to nearness of the kinship.

It is a matter of doubt as to whether a man's kin or his spouse can

be held for his gambling debts. Such debts are purely personal, and

are about the only debts that an Ifugao contracts in his own selfish

interest. The Ifugaos did not gamble heavily, at least not before the

coming of the Spaniards; since their coming, custom in this matter

has not had time to crystallize.

63. Attitude toward debts.--A debt is a sacred thing to an Ifugao. The

non-payment of a debt is disgraceful. The non-collection is still more

disgraceful, for the presumption is that a man who does not collect

from his creditors cannot do so. If he cannot collect his debts, it

must be because he is a coward. In the babbling that prevails about

the rice-wine jar when tongues are loosened, one who has debts long

outstanding that other men would collect, hears things not calculated

to tickle his pride.

BORROWING AND LENDING

To a far greater proportionate extent is borrowing and lending carried

on among the Ifugaos than in our own country. Almost any event that

carries with it a large payment or expenditure carries with it as a

corollary a large amount of borrowing. The things usually borrowed

are death blankets, animals for sacrifice, and rice.

64. Lupe, or interest.--Interest on things borrowed is exceedingly

high. But where borrower and lender are brothers, no interest is

charged; where they are kin of somewhat remoter degree, a low interest,

as a rule, is charged. In any case a special agreement may be made

by which the interest is not as high as usual. It may be stated as a

general principle that a thing borrowed must be repaid by twice its

value if paid soon--that is within a year or even two years. But if

repayment be made after a long time, three perhaps, four times the

value must be repaid. The Ifugao does not hold to the calendar very

severely in reckoning interest. But where full interest is charged,

the rule is that a thing borrowed must be repaid by twice its value,

even if it be paid within two weeks. Thus rice borrowed two weeks

before harvest time must be repaid by double the quantity immediately

after harvest.

65. Patang, or interest paid in advance.--This is the Ifugao form

of bank discount. It is interest paid in advance for one year. On

a carabao (worth usually about eighty pesos) this amounts to thirty

pesos a year. At the end of the year if the carabao be not paid back,

the patang must be followed by a second payment of the same quantity,

called unud, "following," for the next year. If it be intended to

repay the carabao within three months, the interest in advance is

ten pesos, and is called baloblad.

66. Another form of patang.--Somewhat similar is the fee or interest

paid to the owner of anything seized by a man of a different district

or village to cover an unpaid indebtedness owed the latter by a

neighbor or co-villager of the former. It is the amount of interest

usually paid for one year; but there is no unud or further payment,

since it is presumed that by the end of the year the delinquent

neighbor ought to have been compelled to pay.

Thus A of one village owes C of another village a debt. After several

fruitless attempts to collect, C seizes a carabao belonging to B,

a co-villager of A. C sends a go-between to pay B thirty pesos,

telling him of A's debt, and informing him that he must get his

carabao back from A.

GO-BETWEENS

67. The go-between.--No transaction of importance of any sort between

persons of different families is consummated without the intervention

of a middle man, or go-between, called monbaga (bespeaker) in civil

transactions; and monkalun (admonisher) in criminal cases.

Go-betweens are used commonly in (a) buying and selling of family

property of whatever kind or value; (b) buying and selling of

animals and the more valuable personal property, except chickens,

and in some cases pigs; (c) the borrowing of money or other wealth;

(d) marriage proposals and the negotiating of marriage contracts;

(e) collection of debts; (f) all steps connected with the balal, such

as pawn of rice fields, or their redemption; (g) demands for damages

to property or persons; (h) the buying back of heads lost in war,

the ransoming of the kidnapped, or the making of peace.

The go-between is the principal witness to a transaction. For his

services he receives pay which is fixed to a fair degree of exactness

for a particular service. This pay ranges from a piece of meat to a

fee of twenty or twenty-five pesos.

68. Responsibility of go-betweens.--Go-betweens are responsible to

both parties to a transaction, for the correct rendering of tenders,

offers, and payments. Their word binds only themselves, however--not

their principals. Go-betweens are not agents of one party more than

another. They are supposed to be impartial, and interested only in

consummating the transaction involved in order to get their fee.

Thus, suppose that A sends B as a go-between to sell a field to C,

a man of another district. B finds that he cannot sell the field for

the price A asked for it, and, anxious to consummate a sale and so

collect his fee, he agrees to sell the field to C for a lower price

than that asked by A.

In such a case as this, B is responsible to C in case A refuses to

abide by C's agreement to sell. C has the right to collect damages.

The oriental propensity to "squeeze" is proverbial. It is condoned

in law--one might almost say legitimized, provided it be not found

out. Thus:

A sends B to Nueva Vizcaya to buy a carabao. The regular commission

for this service is ten pesos, the agent to deliver a living

carabao to the principal, and to be responsible for the value

if the carabao die on the route. This, the usual agreement,

holds between them. A furnishes B with eighty pesos with which

to purchase the animal. B returns with the animal, representing

that he paid seventy pesos for it, when, as a matter of fact,

he paid out sixty pesos, thus gaining ten pesos "squeeze."

If A finds out that B paid only sixty pesos for the carabao,

the only thing he can do is to collect the ten pesos difference

between what A paid and what he said he paid. He cannot assess

punitive damages.

69. Conditions relieving a go-between of responsibility.--An act of God

or the acts of a public enemy relieve a go-between or an agent from

responsibility. Thus an agent sent to purchase an animal in baliwan

(the stranger country) is under obligation to deliver it alive. But if

it be struck by lightning, or if the carabao be taken away from him

by enemies, and he has a wound to bear witness that he offered due

resistance to them; or, in case he has no wound, if he has witnesses

or good proof of the fact that the enemy was so superior in force as to

make resistance foolhardy, he cannot be held for payment of the animal.

70. Payment due those who find the body of one dead by violence.--An

Ifugao who finds the body of one dead by violence or drowning, and not

an inhabitant of the same district as himself, must perform a general

welfare feast to remove the liability to misfortune that is likely

to result from such an incident. Consequently, he is entitled to a

payment, varying from one to ten pesos, according to the rank of the

dead person. If there be more than one who encounter the dead body,

all are entitled to the same payment. This payment is called halat.

CONTRACTS FOR THE SALE OF PROPERTY

71. On whom binding.--Contracts for the transfer of property for

consideration are binding on the seller only. Rarely, if ever, is there

a payment to bind the bargain. The simple promise to sell is sufficient

to constitute a contract to sell. The breaking of a contract to sell

renders the breaker of the contract liable for damages only in case

he took the initiative in making the contract.

Damages paid for the breaking of a contract to sell, are called

hogop. In case an agreement to sell a rice field is broken, the

damages are usually one large pig (fifteen or twenty pesos). In the

case of questions of this sort over minor property, the hogop may be

a death blanket, a small pig, or a chicken.

The following examples will serve to illustrate:

A sends B as a go-between to sell a rice field. B first contracts

to sell the field to C. Later, knowing the terms of the sale

offered by A to be very advantageous, he sells the field to a

kinsman D.

In this case B is liable for the hogop to C.

In the above case B, after contracting to sell the field to C,

duly reports to A that C has accepted the terms offered, and

that he is raising the amount required for the first payment;

that he will go again by agreement with C to receive this first

payment on such and such a day. A sells the field to somebody else.

In this case A is liable to C for the hogop, and to B for his

fee as go-between.

It becomes a matter of common knowledge that A has a gold

neck-ornament for sale. C agrees to purchase at the stated price

and A agrees to sell to him. A sells the ornament to somebody else.

A is not liable for the hogop, for the reason that C made the

first advances.

In no case can one who makes a contract to buy be held for any payment

of damages for breaking his contract.

IRRIGATION LAW

72. The law as to new fields.--If all the land below a spring or

small stream located on ownerless land, be common land--that is,

land without an owner--he who makes the first rice field below the

source of the water supply is entitled to all the water needed for

his rice field. Another man, making a rice field between the field

of the first comer and the source of the water supply, may not use

the spring or stream to the detriment of the first comer.

But should a man make a field, be it on common or on owned land,

below a spring or stream, and should another man make a field between

the first field and the source of the water supply on owned land,

the second comer would have the right to whatever water might be

useful to him.

73. The law as to water.--Water which has been flowing to an area of

irrigated land may under no circumstances be diverted to irrigate

a different area, even though that area be nearer the source of

the water.

A person who acquires rice fields, one of which is near the source

of the water supply and the other at a considerable distance from it,

may not pipe or trough the water from the upper field to the lower one

if the water has meantime been irrigating an intervening area. Thus:

Manghe of Ambabag, having a field near Baay, acquires a field near

Ambabag, about a quarter of a mile upstream from the first. He

threatens to put a line of troughs from one field to another so

as to supply sufficient water to the lower field. This action

would rob intervening fields of their accustomed water supply,

and would be illegal.

A spring belongs to him on whose land it is situated, and so also does

all the water issuing from the spring. The owner may sell the surplus

water to whom he pleases. The water rights so sold are perpetual. Thus:

A has a rice field in which there is a spring. He sells the water

to B, whose field is to one side--perhaps at a considerable

distance from A's. C has a field immediately below A's. He

purchases A's field and unites it with his own. But he may not

divert the water from A's original field to his own original field,

unless he buy the water right from B.

74. The law as to irrigation ditches.--Constructors of an irrigation

ditch may sell interest in the ditch. The ditch thus shared with

others becomes an equal burden as to upkeep on all the owners.

The constructors of an irrigation ditch who have sold part of the

water from their ditch, must share the water in time of water scarcity

with those to whom they have sold, in proportion to the respective

areas of the rice fields. That is, every owner of an irrigation ditch

is entitled to a share proportionate to the area of his rice land,

of the water diverted by means of the ditch.

Repetition of the malicious destruction of an irrigation ditch, or the

turning of the water from it or out of it, is an offense punishable

by fine or even in some cases by death. The first offense, when

the culprit is discovered, is not punished; but there is a warning

against repetition.

Diversion of water from an irrigation ditch in which the diverter has

no interest is not a very serious offense. On the first offense the

diverter is warned. If he repeats it, all the water is drained from

his field or he is given a beating.

PENAL LAW

PENALTIES

The Ifugaos have two punishments for crime: the death penalty and

fine. These punishments are inflicted and executed by the offended

person and his kin.

75. Nature and reckoning of fines.--Fines are of two sorts: fines of

"tens," bakid, and fines of "sixes," na-onom, each unit of the ten or

six being a portion of the whole fine. The different parts of the fine

go to different people. Oftentimes sticks, knots, or notches are used

to assist in calculation. In Banaue and neighboring districts these

aids to calculation are also kept as a record. The unit payments grow

successively smaller from the first to the last.

The first unit of any series is called pu-u, meaning "base." It is

of the greatest value, and goes to the injured individual. The second

payment, sometimes, goes to the go-between. In that case, the kin of

the injured man take all the rest. If the fee of the go-between be

provided for outside of the fine, the kin of the injured man take

all except the pu-u, the first unit. This is but just, since they

have backed their kinsman in his action against the offender, have

perchance risked their lives in his cause, and also stand ready at

all times to help pay any fines that others may assess against him.

The second, and sometimes the third and fourth units, are called

haynub di pu-u, meaning "followers of the base." They are of less

value than the pu-u. Then follow units consisting, each, of four irons

(spear-heads, axes, knives). These units are called natauwinan. Then

come units of three irons each, called natuku; then units of two irons

each, called nunbadi; then units of one iron each, called na-oha. In

the case of fines composed of six units, there is usually no haynub.

The Malay does nothing without first thoroughly talking it over. After

a payment has been tentatively consented to by the offender and his

family, there yet remain many conferences with the go-between before

everything is arranged. An uninitiated white man on seeing a group of

these people, squatted in a circle, moving little sticks about, and

in heated discussion, might think they were playing some primitive

but absorbing native game. And, I am not sure that the attitude of

their minds is very different!

The following tables of fines assessed for the four degrees of

adultery illustrate the manner of reckoning fines, their amounts,

the value of the units, as well as the fines proper to the three

classes of society in the Kiangan district.

Tabulation Showing the Payment Exacted for Adultery in Its Various

Degrees and for Individuals of Different Rank

For adultery committed after the mommon (first ceremony) and before

the bango (second ceremony)

For the Wealthy

Na-onom or "six" fine

Divisions of the fine Article exacted Appraisal

1. Pu-u 1 death blanket P8.00

2. Haynub 1 kettle 5.00

3. Natauwinan 4 irons 1.00

4. Natauwinan 4 irons 1.00

5. Natuku 3 irons .50

6. Natuku 3 irons .50

Liwa (fee of the

go-between) 1 ceremonial clout 2.00

======

Total, P18.00

For the Middle Class

Na-onom or "six" fine

Divisions of the fine Article exacted Appraisal

1. Pu-u 1 kettle P5.00

2. Natauwinan 1 kettle 1.00

3. Natauwinan 1 kettle 1.00

4. Natuku 1 kettle .50

5. Natuku 1 kettle .50

6. Na-oha 1 kettle .20

Liwa (fee of the

go-between) 1 natauwinan 1.00

=====

Total, P9.20

For the Poor

Na-onom or "six" fine

Divisions of the fine Article exacted Appraisal

1. Pu-u 1 kettle P2.00

2. Natauwinan 1 kettle 1.00

3. Natuku 1 kettle .50

4. Natuku 1 kettle .50

5. Nunbadi 2 irons .40

6. Na-oha 2 irons .20

The go-between takes the first natuku

listed above

=====

Total, P4.60

For adultery committed after the bango (second ceremony) and before

the bubun (final ceremony)

For the Wealthy

Hin-bakid or "ten" fine

Divisions of the fine Article exacted Appraisal

1. Pu-u 2 death blankets P16.00

2. Haynub 1 death blanket 8.00

3. Haynub 1 death blanket 4.00

4. Haynub 1 death blanket 4.00

5. Haynub 1 kettle 4.00

6. Haynub 1 kettle 2.00

7. Natauwinan 1 kettle 1.00

8. Natauwinan 1 kettle 1.00

9. Natauwinan 1 kettle 1.00

10. Natauwinan 1 kettle 1.00

Liwa (fee of the

go-between) 1 kettle 5.00

======

Total, P47.00

For the Middle Class

Hin-bakid or "ten" fine

Divisions of the fine Article exacted Appraisal

1. Pu-u 1 death blanket P8.00

2. Haynub 1 kettle 5.00

3. Haynub 1 kettle 2.00

4. Natauwinan 1 kettle 1.00

5. Natauwinan 1 kettle 1.00

6. Natauwinan 1 kettle 1.00

7. Natauwinan 1 kettle 1.00

8. Natuku 1 kettle .50

9. Natuku 1 kettle .50

10. Na-oha 1 kettle .20

Liwa (fee of the

go-between) 1 kettle 4.00

======

Total, P24.20

For the Poor

Na-onom or "six" fine

Divisions of the fine Article exacted Appraisal

1. Pu-u 1 kettle P5.00

2. Haynub 1 kettle 2.00

3. Natauwinan 1 kettle 1.00

4. Natauwinan 1 kettle 1.00

5. Natuku 1 kettle .50

6. Nunbadi 1 kettle .40

Liwa (fee of the

go-between) 1 kettle 2.00

======

Total, P11.90

For adultery committed after the bubun (final ceremony) the penalty

is doubled for the higher classes, and increased to a fine of "ten"

for persons of the lower class. That is, a poor man pays for adultery

after the bubun what a middle-class man would pay for adultery before

the bubun.

For adultery in the aggravated degree known as hokwit (see sec. 94)

the fines just mentioned are doubled; so that a wealthy man would pay

188 pesos, a middle-class man 96.80 pesos, and a poor man 48.40 pesos.

CIRCUMSTANCES WHICH AFFECT PENALTY

Certain circumstances, namely, criminal responsibility, alienship,

kinship, confession, and the relative rank of offender and offended,

affect penalty, either as to its severity or as to the likelihood of

its being inflicted at all.

76. Moral turpitude not a factor.--Moral turpitude, which plays no

small part in our own law in determining punishment, seems not to

enter into the consideration of Ifugao law. Thus, such crimes as

incest between brother and sister, parricide, matricide, fraticide,

and treason against one's family, all go unpunished. Even the

betrayal of a co-villager into the hands of the enemy subjects the

offender to only a third degree of likelihood of being punished

(see sec. 80). These crimes probably go unpunished in accordance

with the following correlated fundaments of Ifugao society: Legal

procedure is conducted by and between families; the family unit is

the most precious thing in Ifugao social life; family unity must,

at all hazards, be preserved. In the case of a murder accomplished by

treachery, as for example, the killing of a guest, the moral turpitude

involved might perhaps hasten punishment--it might even increase its

severity in that the kin of the murdered person might retaliate on

a greater number of those concerned in the murder. But such an abuse

of hospitality appears never to have occurred.

Another reason why what we consider moral turpitude does not enter

into punishment is that treachery, ambush, and accomplishment by

superior force are the rule, not only in commission of crime, but

also in perfectly legal capital executions and seizures of property.

PENAL RESPONSIBILITY

As between principals and their accomplices and accessories, Ifugao

law recognizes only gradations in likelihood of punishment. The

penalty is the same for all of them; but very frequently the offense

is considered as having been expiated by the punishment of those

whose responsibility for it is greatest, and the rest go free.

77. The nungolat, or principal.--The nungolat (he who was strong)

is the conceiver, planner, and director of an offense. He may or may

not take an active part in its commission. Whether or not he does so,

he is considered to be responsible for it in the highest degree. He is,

of all who take part in the offense, the most likely to be punished.

The following example, continued through several succeeding sections,

shows the various degrees of criminal responsibility, and the

corresponding degrees of likelihood of punishment:

A decides to avenge the death of a kinsman. He consequently calls

a number of his kinsmen and proposes a war expedition to take the

head of Z, an enemy concerned in the death of the murdered kinsman,

in another village. They agree. A calls the family priests to

his house to perform the necessary religious preliminaries to

setting out on a head-hunting expedition. The ceremonies are

performed, and the omen of the bile sac promises well. But, just

before starting, some accident happens to A, which the priests

attribute to the sorcery of the enemy. A consequently does not

accompany the expedition. He is, notwithstanding, the nungolat,

and is more likely to be the object of vengeance than any other,

should the crime be accomplished.

78. The tombok, or "thrower."--In offenses in which a spear is

thrown, he who throws the effective spear is called the tombok. His

responsibility for the crime is second to that of the nungolat,

as is also his likelihood of being punished.

79. Iba'n di nungolat, the "companions of the one who was

strong."--Those who assist in the commission of a crime by reinforcing,

accompanying, assisting, backing, giving aid and comfort to the

committer thereof, or furnishing anything needful to the consummation

of the crime incur the next lesser degree of criminal responsibility

and of likelihood of being punished to those of the conceiver and

committer of the crime.

80. The montudol, "shower," or informer.--One who gives a person in

the act of committing a crime information necessary to the successful

carrying out of his intent, is guilty in the same degree as are

persons of the preceding paragraph.

Thus, continuing the illustration started above, suppose that

B, C, D, E, F, G, H, and I go to take the head of A's enemy and

theirs. They meet O, a co-villager of Z, the man whose head they

want to take, and ask him regarding Z's whereabouts. The fact

could not be otherwise than patent to O, that a head-hunting

party was addressing him. He answers truthfully that Z is in

his sweet potato field, and that the party may reach the field

by such and such by-path without their being seen by Z's kin or

co-villagers. The party follows O's directions. B spears Z.

B is the tombok; C, D, E, F, G, H, and I are the "companions of

the one who was strong," and O is the montudol.

81. Servants who commit crimes at the bidding of their

masters.--Retainers incur a lesser degree of criminal responsibility

than does the master. They will be punished if the master cannot be

punished. Sometimes both are punished.

82. Likelihood of punishment.--

(Continuation of illustration given above.) Z's kinsmen of course

decide to avenge his death. It is a general rule that all debts

must be paid with liberal interest, the interest being at least

equal to the debt. The debt of life is no exception to this

rule. The kinsmen, whom we will call Q, R, S, T, and U, decide

that, at least, they will kill A, the nungolat, and B, the tombok,

and that if opportunity offers they will kill one or two of the

others. They go to the vicinity of the village of A and B and lie

in wait for them. They may do this a number of times. Finally we

will suppose that they kill A. Their thirst for blood is somewhat

appeased, and they may not pursue their first intention. But it

would be the part of wisdom for B to be extremely cautious. Z's

kinsmen are likely to make an expedition or two to take his head.

On the other hand, suppose that A dies a natural death or falls in

some other feud. The full likelihood of punishment now falls on B.

Suppose that B, H, and O walk past the place of ambush of the

avengers. The latter will try to make sure of B, but will also

try to kill the other two.

Suppose that B, like A, meets death in some other way than at

the hands of Z's avengers. C, D, E, F, G, H, I, and O are now

equally likely to be punished.

Ifugao Law (In American Archaeology and Ethnology, Vol. 15, No. 1) · 第 5 / 12 段