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.