In case several unsuccessful expeditions are made to secure the

head of A and B, the avengers are likely to take a head or heads

from some of the others rather than continually to place themselves

in jeopardy by their expeditions into an enemy region. Especially

is this true if the enemy's village be distant. If the villages

be near, it is probable that C, D, E, F, G, H, I, or O might walk

past the ambush of the avengers at first with impunity, since

the avengers are desirous of taking the heads of the principals,

and do not want to put the principals on their guard by slaying

those whose guilt is less.

83. Drunkenness and insanity in relation to criminal

responsibility.--Except in the case of murder, drunkenness mitigates

the severity of punishment, provided there be no evidence to show that

the culprit became intoxicated with the intent to commit the crime,

and provided he sincerely repents on becoming sober. Even insanity

is not an alleviating circumstance in the case of murder; but it is

one in all other crimes.

84. The relation of intent to criminal responsibility.--Gulad or

intent, is probably the greatest single factor in determining penal

responsibility. Thus:

A deed committed without intent, and without carelessness, is

excused. One has not, usually, even to make restitution for the

injury done. Thus, in the case of a bolo flying out of a man's hand,

and putting out the eye of another, no damages were assessed. An

enormous number of men, every year, are injured in the free-for-all

scrambles over sacrificed carabaos. Many of these injuries result in

stiff joints; some of them in deaths. In no case, not even in the

case of death, is a payment demanded. Suppose that in the chase a

number of hunters have surrounded a wild boar. The boar charges one of

them. This man leaps backward, and, at the same time, draws back his

spear to throw it at the boar. In so doing, he stabs a companion behind

him with the shod end of the spear handle. This is not an uncommon

accident. The others of the party are witnesses that the killing was

purely accidental (naloktat). No fine is assessed; but the killer,

to show that he is sorry, usually assists in the funeral feast. Of

course, if there were no witnesses, and if there were a possible motive

to complicate matters, the ending of the case might not be so happy.

Suppose that a number of men are throwing at a target with their

spears. A child runs in the way, and is killed. One-half the usual

fine for manslaughter is assessed on the ground that the thrower was

careless in that he did not make sure before he threw the spear that

such an accident could not occur. In this case there was an absence

of intent; but carelessness was present.

A man kills a neighbor at night, acting under the impression that

he is killing an enemy seeking his life. He is subjected to a much

heavier fine than if he had killed him through carelessness, since

there is present both the intent to kill, although not criminal,

and carelessness in that he did not make sure at whom he was casting

his spear. [15]

OTHER FACTORS AFFECTING LIABILITY

85. Alienship.--If the culprit be of a foreign village, the fact that

he is a foreigner is a strong aggravating circumstance. If found in

delicto, he is almost sure to be killed, in cases of theft or the

more serious crimes. In such crimes as insult, the same fine might be

demanded of the foreigner as of a co-villager, but not so much effort

would be made to arrange matters peaceably. If the fine demanded be

not paid and paid quickly, a kidnapping would ensue, or the culprit

would be killed. A man committing a minor crime in a foreign village

if not killed would be caught, tied, and held prisoner until redeemed.

86. Confession.--Confession before steps have been taken to inflict

punishment alleviates to a considerable degree except in murder and

adultery. In the latter case, if the adulterer made a voluntary

confession of guilt to the offended spouse, without having been

confronted with the evidence, it would be taken as brazen boasting,

and of the nature of an insult.

87. Kinship.--Kinship is so strong a mitigating circumstance as often

to excuse crime altogether. It has already been stated that crimes

of one brother or sister against another are not punished. Inasmuch

as all procedure is conducted by and between families, and since the

family of the two brothers is identical, procedure in such cases is

impossible. In the case of relatives of remoter degree, kinship is

a strong extenuating circumstance in the event of the more serious

crimes. In minor crimes, while the usual amount of the fine might

be demanded, it would very frequently not be collected; especially,

if the offender were very poor.

It has previously been said that the family is the only organization,

political or social, that the Ifugao has, and that, in proportion

as it is precious and necessary to him, he cherishes it; that Ifugao

law, consequently looks with the greatest disfavor upon anything that

would divide a family or destroy its unity.

In case a man steals from his cousin, who is married, restitution is

usually demanded, together with half the usual fine, which half goes

to the cousin's spouse--not to himself. Insults on the part of one

cousin to another are rare and are more rarely prosecuted.

88. Rank and standing in the community.--This is probably the greatest

single factor in determining the severity of punishment in cases

where a crime is punishable by fine. But the aggressiveness and the

war footing of the two parties to the controversy enter even here to

an astounding degree.

In the Kiangan-Maggok area, there are three grades of fines--the

highest for the punishment of crimes of one kadangyang or rich man,

against another; a medium grade for crimes of persons of the tumok,

or middle class, against each other; and a third and lowest grade for

the nawatwat, the poverty stricken. [16] Each lower grade of fine is

a little more than half the next higher one.

In the Kababuyan area, there are five grades of fines--one for the

very rich, one for the fairly rich, one for the middle class, one

for the poor, one for the poverty stricken. In Sapao and in Asin,

there are four grades.

So long as both offender and offended are of the same class, there

is no trouble about determining the fine proper in a given case. But

when they are of different classes, the case is not so simple, and

the factors of fighting strength and personality enter.

Suppose that R, a rich man, commits adultery against P, a poor

man. P sends a go-between to demand the highest grade of fine

for this crime--that is, the grade which kadangyang pay. R does

not deny the crime, but states that he considers the payment of

the fine that is due one rich man from another preposterous. He

states that he is willing to pay the fine proper to the poorer

class. To this P replies that he did not begin this action for the

purpose of getting money, but for the purpose of so punishing R

as to make a repetition of the crime improbable. There are three

possible endings in such a case:

(a) P's kin represent to him that they cannot afford to have war

with R; that R's people hold a lot of debts over their heads;

that should R prove obdurate, and should the affair end in a

lance throwing, R's people would wipe them off the earth. They

advise P to be satisfied with the lowest grade of fine. He agrees.

(b) P and R compromise on the grade of fine that is midway between

their stations; that is, the fine of the middle class. In Kiangan

this is the usual settlement.

(c) P shows such bungot (wrath and ferocity) that R's kin advise

him to pay the larger fine. They point out that the fine is a

small matter as compared with the loss of life, and state that

there is no telling what this poverty-stricken but rampant dog

will do. This settlement is not uncommon in the Kiangan area,

where the poor people have a great deal of pride and bravery,

but rare in other parts of Ifugao.

Aside from other matters, the diplomacy and tact of the go-between

would have a great deal to do toward determining which of these

contingencies would result.

It is extremely hard to make a general statement as to fines when

offender and offended are of different classes. It may safely be said

that the fines assessed average the amount midway between the fines

proper to the two classes concerned. Thus, when a poor man offends a

rich man, and when a rich man offends a poor man, the average of the

fines assessed equals approximately the fine assessed for injuries

within the middle class. In questions in which rich and middle class

persons are involved, the fines approximate an amount half way between

the fines of the rich and of the middle classes.

89. Importance of influential position and personality.--The fact

has already been mentioned (see sec. 4) that Ifugao administration

of justice is remarkably personal in nature. We have just seen,

in the example given in section 88, to what an extent personality

and war-footing enter into the infliction of fines when offender and

offended are of different classes. Nowhere can a man of magnetism and

force reap greater benefit from these qualities, relatively speaking,

than in an Ifugao controversy. The fact stares us in the face in

every phase of Ifugao law, especially in procedure.

89a. Cripples and unfortunates.--Cripples and those afflicted by

disfigurements or disfiguring diseases are often in a desperate

mood for the reason that life is not at all precious to them. They

are likely to be erratic and to constitute exceptions in punishment

of crimes and procedure. I remember a case that happened in Baay

District a few years ago which illustrates to what extent determination

and absolute abandon to a single purpose are valuable in carrying a

point in Ifugao procedure. I did not make note of the names but shall

designate the rich man as R and the poor man as P. P was afflicted with

the disease hiphip--probably ichthyosis--a skin disease in which the

skin becomes white, rough, and scaly. R met P one day and sneered at

him, saying, "Although you have neither fields, gongs, nor jewelry,

I see that you have become a kadongyang, for you are wearing a white

coat" (referring to the skin disease). P became violently angry but

restrained himself from assaulting R. He calmly informed R that for

this insult he fined him a large and valuable field, R's property in

Dayukong; that life meant little to himself, and that if R resisted and

interfered with his taking possession of the field, he would certainly

kill him. P further stated that he knew that R's kin would retaliate

and that he would lose his own life but that he did not care since he

was miserable anyway. None of the women would deign him their favors

and being poor--well, what was the use of living! P carried his point

and maintains possession of the field to this day. Having the field,

he managed to get a wife, who, although homely, has borne him two or

three children who are not afflicted with his disease.

Another case in point is the following: Piklud, a fairly wealthy man

of Kurug, was paralyzed from the knees down and in his locomotion he

had to crawl on all fours. He loaned a neighbor a chicken. There was a

quarrel over the repayment of this which left ill feeling between the

two. A little while after the quarrel, the neighbor met Piklud crawling

along the path through the village, and called to him as to a dog,

"Doa! doa! dé-dé-dé!" Piklud pretended not to notice and even feigned

amiability. He gossiped a little about the drought which was parching

the rice fields. Finally he said, "Let me see your spear." He felt

the edge and then with the words, "It is pretty sharp, isn't it?" he

thrust it upward into the other's abdomen.

THE PRINCIPAL CRIMES AND THEIR FREQUENCY

90. List of offenses.--In the Kiangan-Nagakaran-Maggok area, the

principal crimes, in order of their probable frequency, are: sorcery;

adultery; theft; murder (or in the case of women and children,

kidnapping); the putting of an innocent person in the position of

being considered an accessory to crime; manslaughter; rape of a

married woman; arson; incest. Minor crimes are: insult; slander;

false accusation; rape of a girl.

SORCERY

91. The ayak (soul-stealing) is a series of religious ceremonies in

which the sorcerer calls to a feast the ancestral spirits of some man

whose death he desires to encompass, together with many maleficent

spirits and deities, and bribes them to bring to him, incarnated as

a blue-bottle fly, a dragon fly, or a bee, the soul of the man whose

death he desires. When one of the insects mentioned comes to drink

of the rice wine in front of the sorcerer, it is imprisoned and put

into a bamboo joint tightly corked. The enemy, being thus deprived

of his soul, will die.

This form of sorcery cannot be practiced unless the sorcerer knows the

names of the ancestral spirits of his victim-to-be. For this reason,

when the Lamot people, who are famous sorcerers, come to Kiangan and

approach a religious feast, the Kiangan people do not invoke their

ancestral spirits until after the visitors have gone. Needless to say,

sorcery is always practiced in secret. It sometimes happens that it

is practiced by a man against his kin. In such a case, kinship does

not extenuate his punishment, since the preservation of the family

necessitates the extirpation of the sorcerer within its gates. This

is the only exception I know of to the general rule that a family

may not proceed against one of its members.

92. Other forms of sorcery.--Certain persons have an evil "cut" of

the eye, which, whether they wish it or not, brings misfortune or

sickness on whomsoever or whatsoever they see. Injury by means of the

"evil eye" may be effected intentionally or entirely unintentionally.

The words of certain persons even though innocent and unconnected with

evil, and though spoken as they usually are without malicious intent,

have the quality of bringing whatever is spoken to an evil end.

Thus A, afflicted with the "blasting word," goes to the house of B,

and, seeing a sow with a litter of handsome pigs, remarks, "That's

a fine litter of pigs you have!" If A be truly afflicted with

the blasting word, the pigs will die, even though A was without

intent to do injury, and was even ignorant of his affliction.

The evil eye and the blasting word are frequent

afflictions--afflictions that their possessor is the last to learn

about. They may be cured by the possessor's offering sacrifices of

the proper sort. In the event of injury unintentionally being done

by evil eye or blasting word, no punishment is meted out, although

in some cases restitution is demanded.

Curses are of two kinds: directly by word, and indirectly by curses

laid on food, drink, or betels. Kiangan people are afraid to purchase

rice from the Lamot people to the south of them through fear of being

affected by curses that may have been laid on the rice.

93. Punishment of sorcery.--Sorcerers are not punished hysterically. To

his credit, it must be said that the Ifugao proceeds slowly in

condemning a person for this crime. Before he takes action, he demands

not merely strong grounds for suspicion, but proof beyond a reasonable

doubt that the suspected person is a sorcerer. Proof that one has

performed the ayak ceremony against a person is sufficient ground for

the infliction of the death penalty. But in the case of the evil eye

and the blasting word, it must be proved that the death of the pigs,

the betel vine, or whatever it be that dies, was due to the glance

or words of the bewitched, and that both glance and words were used

with evil intent. This would obviously be hard to do; but for the

purpose of justifying an injured person in killing such a sorcerer or

bewitched one, a record of previous misdeeds of the kind, and a general

conviction, in which a portion, at least, of the man's kin concurred,

that the suspect was a malicious sorcerer, would be sufficient.

A curse, by one who has no reputation for supernatural powers, is

punishable by the following fine:

KADANGYANG MIDDLE CLASS NAWATAVAT

Hin-bakid (One ten) Hin-bakid (One ten) Na-onom (Six)

Pu-u (2 death Pu-u (death

blankets) P16.00 blanket) P8.00 Pu-u (dili) P8.00

Hay nub palyuk 5.00 Haynub palyuk 5.00 Natauwinan 1.00

Hay nub palyuk 2.00 Haynub palyuk 2.00 Nuntuku .50

Natauwinan 1.00 Natauwinan 1.00 Natuku .50

Natauwinan 1.00 Natauwinan 1.00 Na-oha .20

Natauwinan 1.00 Natauwinan .50 Liwa comes out

Natauwinan .50 Nuntuku .50 of the No-onom

Nuntuku (3 each) .50 Nuntuku .40

Nuntuku .50 Nunbadi .40

====== Na-oha .20

P27.50 Liwa comes out

Liwa or fee of of the Hin-bakid

go-between (1 death

blanket) P8.00

====== ====== ======

Total, P35.50 Total, P19.00 Total, P10.20

A curse by one who had a reputation of being a sorcerer might possibly

lead to the death of the sorcerer on the spot. In case he were not

killed, and the person or thing cursed died, the death penalty would

be inflicted later.

The following instances will be of value as illustrations. Some are

recent, others historical:

Before the coming of the Spaniards, Atiwan of Longa acquired

a reputation as a sorcerer. He killed several of his kinsmen in

Baay. Even his relatives in Longa admitted that he was a sorcerer,

and said that he ought to be killed. Ginnid of Baay and several

companions went to Longa one night, and called to Atiwan that

they had come to see him. He opened the house and put down the

ladder. The party ascended, and set upon Atiwan with their war

knives and killed him. In trying to protect him, his wife, Dinaon,

was wounded. The killing was universally approved.

Kimudwe (alias Dulnuan) of Tupplak is a famous, or rather an

infamous, sorcerer. Owing to a quarrel with one of his nephews,

Butlong, over a debt, he performed an ayak to cause the latter's

death. Butlong was informed of the fact by one who, eavesdropping

below Kimudwe's house, heard the prayers and incantations. On

a certain day on which there was a feast in Ambabag, to which

Kimudwe was nearly certain to come, Butlong waylaid him, firing

a rifle at him from cover near Ambabag. His marksmanship was

atrocious. Before he could reload women rushed out from the

village and covered Kimudwe with their bodies, interceding, and

stating that there was not sufficient certainty that Kimudwe was

guilty to justify his nephew in killing him. (This occurred in

the interval between Spanish and American rule.)

Kimudwe is reputed to have killed by means of sorcery several

of his kinsmen. Recently a child died in Tupplak whose death was

attributed to him. He killed, it is said, the son of Bahni, another

of his nephews. Bahni sent Dulinayan of Ambabag as a go-between

to Kimudwe to challenge him to an ordeal, saying that he had no

intention of killing him, even if guilty, owing to the peculiar

prejudice of the Americans against such doings, but for his own

satisfaction he wanted to know if Kimudwe were the sorcerer. He

stated that in case Kimudwe won in the ordeal, he (Bahni) would pay

a fine of a gold bead for having accused him falsely. This was an

unusually large fine. Kimudwe refused, or rather evaded, saying:

"If I am a sorcerer, it is a case of the entire family, including

Bahni, being guilty." In other words, he took refuge behind the

Ifugao doctrine of collective responsibility (see sec. 4).

In cases of strong suspicion, a supposed sorcerer was often openly

accused and challenged to an ordeal. The ordeal was usually more

in the nature of a duel, the two exchanging spears at twenty steps

(20 meters) distance. If the ordeal showed the suspect guilty, he was

killed if he stayed in the region. He was not, however, killed on the

field of duel--unless killed in the duel or ordeal itself--because

such an execution might precipitate a battle with this kin.

ADULTERY

94. Forms of adultery.--In its unaggravated form, adultery is called

luktap. Luktap signifies sexual intercourse between a spouse and some

person other than the one to whom he (or she) be married, uncomplicated

by insults and scandalous behavior flaunted in the face of the injured

spouse. The intention to abandon the spouse is either not present,

or is concealed.

The aggravated form of adultery is called hokwit. It consists of openly

and scandalously bestowing one's love and body upon some other person

than the spouse; of insulting the injured spouse; or of repeatedly,

while living under the same roof with the spouse, meeting the third

person and having sexual intercourse. The intention is present of

separating (or effecting a separation) from the injured spouse. The

following is an illustration:

Maxima, a girl of Umbul, was married to Ananayo of

Pindungan. But Ananayo had not yet reached the age of puberty,

while Maxima herself had reached that age. Sergeant Dominong,

of the constabulary company at Kiangan, began paying attentions

to Maxima, while Maxima was living in the house of Ananayo 's

father. During the season of watching the rice fields against

theft of water these two continually cohabited, the sergeant

going to where Maxima was watching the fields at night. Ananayo

attaining the age of puberty in the meantime, Maxima refused

to have anything to do with him. Both Maxima and Dominong were

guilty of hokwit in this case. Maxima's conduct was considered

especially reprehensible, since she was a binawit in the house

of Ananayo 's father (see sec. 14).

95. Punishment of adultery.--In both luktap and hokwit, the offending

spouse and the lover (or mistress) are equally guilty. Each is

equally liable to punishment. However, the offended spouse may, if he

chooses, forgive the offending spouse without forgiving the partner

in crime. This frequently happens. A wife is more likely to forgive

than is a husband.

The adulterer when taken in delicto is sometimes punished by death. The

offended spouse is justified by public opinion in administering this

punishment to a considerably greater degree than our laws in the United

States would justify him. Several stories are told of persons caught

in the commission of this crime who were impaled by a single spear

thrust. It should be stated that the kin of those killed for this crime

rarely look upon the killing as justified, and often avenge it. They

take the stand that the offended spouse ought to have demanded the

usual fine; that if this had not been immediately forthcoming no one

would have questioned the propriety of the killing. On the other hand,

the kin of the offended spouse take the ground, and it may be said

that in general public opinion backs them in it that a self-respecting

man could not well do otherwise than kill the offender, and that the

holding off and demanding money would savor too much of the mercenary.

It is to be noted that a sexual offense committed after the mommon

ceremony is punished by a small fine; that an offense committed after

the imbango or hingot ceremonies is punished by a larger fine, and

that an offense committed after the bubun ceremony is punished by what

to the Ifugao is a very large fine. These fines are diagramed Ifugao

fashion in sec. 75. Hokwit, aggravated adultery, is punished by twice

the greatest fine demanded in the case of simple adultery, luktap.

Adultery being a very hard crime to prove, the Ifugao takes as proof:

(1) the confession of either party; (2) evidence that the accused

wilfully and intentionally placed themselves in such a position or

circumstances that the crime would be presumed by any reasonable person

to have been consummated. Thus, the sleeping of the accused together

at night in the absence of the spouse would be sufficient evidence.

Ifugao Law (In American Archaeology and Ethnology, Vol. 15, No. 1) · 第 6 / 12 段