Both offenders must pay the fine demanded by the circumstances to the

offended party or parties. Thus, if both the offenders be married,

each must pay a fine to (a) his own offended spouse, and (b) to the

offended spouse of the partner in the crime. The pu-u of the fine goes

to the offended spouse--the rest to the kin of the offended spouse. In

addition to paying the fine, should the offender desire to continue

the marriage relation with his offended spouse, he must provide

animals and other perquisites for a honga (general welfare feast)

in which the kin of both parties take part, and which is supposed

to start the spouses anew in domestic harmony and felicity, and in

all that the Ifugao considers prosperity, namely, abundance of pigs,

chickens, rice, and children.

96. Sex in relation to punishment for adultery.--Although the

punishment for adultery is the same for either sex, the likelihood of

the adulterer's being punished is much greater if the offender be a

woman than if he be a man. This is for the reason that men are more

jealous than women and less attached to their spouses, usually. A

great deal of adultery on the part of men goes unpunished. Most women

would rather not hear about the peccadillos of their husbands. They do

not want to take action unless it be forced upon them. But once the

matter is brought to their "official attention," they have to take

action in order to "save face." Women sometimes tell their husbands

"It would be all right for you to have a mistress if you could only

do so without my hearing of it." And when they learn of some such

offense on the part of their husbands, they sometimes upbraid them,

saying: "Oh, why didn't you do this thing in such a way that I would

not hear of it?"

The husband, on the other hand, usually punishes, and often divorces

his offending wife.

Once an offense is known, it must be acted on. Otherwise, the offended

spouse is considered to be lacking in self respect. And indeed I

believe that the insult involved in adultery is more serious than

any other phase of the crime. The Malay's "face" is exceedingly dear

to him.

THE TAKING OF LIFE

97. General considerations.--It is extremely difficult to unravel

the law, if there be a law, with respect to murder, executions, and

war. The Ifugao has no tribunals to sentence, and no government to

execute. He makes no declarations of war. Doubtless no two nations or

tribes of the world ever engaged in a warfare in which each did not

consider the other the aggressor, or at least, the offender. The same

is true with respect to feuds between families, which were almost

as numerous as the families themselves. In spite of the years of

American occupation during which comparative peace has prevailed,

these feuds still exist. We must substitute, however, for patriotism,

fraternal and filial love; the sense of duty to the unavenged dead,

love of vengeance, and intense hatred engendered and justified by

a well learned catalogue of wrongs and assassinations inflicted on

the family by the enemy family. Once started, a blood feud was well

nigh eternal (unless ended by a fusion of the families by means of

marriage), for the reason that what was a righteous execution to one

family was a murder (usually treacherous) to the other.

Outside of manslaughter, to be treated of later, it may be stated as

a general tenet of Ifugao practice that the taking of a life must be

paid by a life. Considering, too, that a member of an Ifugao family

rarely if ever effected or accomplished any except the most ordinary

and elemental acts without previous consultation with his family,

and that nearly all killings were effected pursuant to a decision

of a family council, it was not without a fair show of reason that

Ifugao law held that a murder might be punished almost as well by the

execution of some member of the murderer's family as by the execution

of the murderer himself. For, if not principals in the commission of

the crime, other members of the family were at least accomplices or

accessories. Indeed Ifugao law held the whole family guilty, looking

upon the crime, quite correctly, as an offense for which the whole

family was responsible.

War, murder, and the death penalty exacted in execution of justice, in

the Ifugao's society are so near each other as to be almost synonymous

terms. We have already seen that a capital execution for crime is

nearly always looked upon by the kin of the executed as being a murder;

it is retaliated by them, by what to them is a justifiable execution;

but by what, to the killers, is considered as a murder to be punished

by another execution, and so on ad infinitum.

The Ifugao has one general law, which with a few notable exceptions he

applies to killings, be they killings in war, murders, or executions,

which public opinion would pronounce justifiable and legal. That law

is: A life must be paid by a life. Let us pass now to a consideration

of various classes of the takings of human life.

98. Executions justifiable by Ifugao law.--Public opinion or custom,

or both, justify the taking of a life in punishment for the following

crimes: sorcery; murder; persistent and wilful refusal to pay a debt

when there is the ability to pay; adultery discovered in flagrante;

theft by one of a foreign district; refusal to pay a fine assessed

for crime or for injury suffered. But even though custom and public

opinion justify the administration of the extreme penalty in these

cases, the kin of the murdered man do not, in most cases, consider the

killing justified. There are innumerable circumstances that complicate

a given case. Was the sorcery proven or only suspected? Was it a murder

that the man committed; or was he justified in the killing? Would

not the debtor have come to his right mind had his creditor waited

a little longer; and did the creditor approach him in the right way

with reference to the debt? Did not the woman make advances in the

adultery case that no self-respecting male could turn down? Was not

the indemnity assessed too large or otherwise improper; or did the

injured party wait long enough for the payment? These and a thousand

other questions may arise with respect to the various cases.

If the death penalty be inflicted by persons of a foreign district,

it is sure to be looked upon as a murder.

At feasts and gatherings about the "bowl that cheers" and especially in

drunken brawls, an unavenged killing, no matter what the circumstances,

is likely to be brought up as a reflection upon the bravery or manhood

of the living kin, and so urge them to the avenging of what was really

a justified execution.

Murder, sorcery, and a refusal to pay the fine for adultery justify

the infliction of the death penalty even on a kinsman if he is not

too close a relative. An execution of one kinsman by another is not

so likely to be avenged as is justifiable execution by one outside

the family. This is in accordance with the principle of Ifugao law:

The family must at all hazards be preserved.

99. Feuds.--A feud is a series of takings of human life as vengeance,

in which the heads may or may not be taken. There are some hundreds

of ways in which feuds may start. As a rule they begin with a taking

of life that is not justified in the eyes of the kin of him whose

life was taken. They may begin from a retaliation for a kidnapping

or even from an accidental killing. Feuds exist between neighboring

districts, or districts not far distant between which to a certain

extent ties of blood and marriage exist. It is exceedingly rare--if

it ever occurs--that entire villages or districts are involved. The

feud is an affair between families only. It consists of a series of

vengeances and "returning of vengeances." Feuds may even start within

the district: but as a rule, they are short lived, being stopped by

the counsel of the influential. Feuds between districts are well nigh

interminable usually, but may come to an end by means of intermarriage

or when one or two of the leaders of each family are afflicted by

certain diseases [17] thought to be inflicted by certain deities that

desire the peace ceremony. As has been hitherto stated, each killing

in a feud is considered by the killers to be an entirely justifiable

execution in punishment of crime. The deities of war and justice are

called to witness that the debt is not yet paid. Contemporaneously,

the kin of the slain are calling on the same deities to witness that

their family is sorely afflicted; that no debt was owed the others;

that no chickens or pigs, or rice had been borrowed; that no theft

or other crime had been committed, and so on; yet, that innocent,

they are being slaughtered.

100. War.--Before the American occupation, districts that were far

distant might be said to be continually at war with each other. The

war was carried on as a series of head-takings. There was no formal

declaration of war. As a rule there were no large expeditions to the

enemy country, and heads were taken from ambush, on the outskirts of an

enemy village or along much traveled paths. Women's heads were taken in

these exploits; but not as a rule, in feuds. To avenge lives taken in

war, while no doubt the life of the actual head-taker was preferable,

the life of any person of the enemy village might be taken; just as

in feuds, the life of any member of the enemy family might be taken.

101. Head-taking.--Heads were not taken in the case of executions for

injury. In feuds within a district, heads were not taken. In feuds

between families of different districts, heads might or might not be

taken. Usually they were taken if there were no ties of kinship between

the districts. It should be emphasized, however, that there was no

definite boundary between districts, and consequently, no well-defined

line beyond which heads might be taken. Families from the southern part

of a district would take heads in territory from which those in the

northern part of the district would not take them. Heads were always

taken in the case of those killed in war, if circumstances permitted.

102. Hibul or homicide.--The Ifugao law clearly recognizes several

grades of homicide.

(a) The taking of life when there is an entire absence of both

intent and carelessness. As for example, in the case already cited

(see sec. 54). when a party of hunters have a wild boar at bay. The

boar, as there stated, charges the most advanced of the hunters,

and in retreating backwards, the latter jabs one of his companions

with the shod point of his spear handle. There is no penalty for

such a taking of life.

(b) The taking of life when there is clearly an absence of

intent, but a degree of carelessness. For example, a number of

men are throwing spears at a mark. A child runs in the way, and

is killed. The penalty is a fine varying from one third to two

thirds the amount of the full fine for homicide according to the

decree of carelessness.

(c) Intentional taking of the life of another, under the impression

that he is an enemy when in reality he is a co-villager or a

companion. In case the killer can make the family of the slain

understand the circumstances, only a fine is assessed. This fine

is called labod. (See sec. 106.) If the killer be unrelated to

the slain, the full amount of the labod is demanded: if related,

the amount is usually lessened.

Example: Pumauwat of Raay was irrigating his fields at night. Some

of his companions told him that there were some head-hunters from

an enemy village near. In the darkness. Pumauwat encountered

another man. Likyayu, the betrothed of his daughter. He asked

him who was there. On account of the noise of water falling

from the rice fields, Likyayu did not hear the inquiry, and

said nothing. Pumauwat speared him. Likyayu cried out. Pumauwat

recognized his voice, and carried him home. He furnished animals

for sacrifice to secure Likyayu's recovery. Likyayu recovered. Had

he died, Pumauwat would have been called on for the full amount

of the fine: but had Likyayu been firmly engaged to Pumauwat's

daughter, that is, had the bango ceremony been performed the full

amount of the labod fine would not have been demanded, since the

relationship would have been an extenuating circumstance.

(d) The taking of life by persons in a brawl or by an intoxicated

or insane person. In case the slain died before his slayer

could agree to provide animals for sacrifice, the latter would

probably be killed by the kin of the slain if he were of a foreign

district. He might be killed if a non-related co-villager. He

would be fined the labod if a kinsman. He would probably go scot

free if a brother or uncle.

Example: A of Longa became insanely drunk at a feast at the house

of his brother Gimbungan. He attempted to embrace the comely

daughter of Gimbungan, his niece. Gimbungan tried to quiet him,

and in so doing aroused his ire. He drew back his spear menacingly,

and in so doing pierced the girl--who was at his back--with the

shod point at the end. She died. A was properly penitent when

he sobered, and furnished animals for sacrifice. The fine labod

was not, however, demanded of him. This was about thirty five

or forty years ago. Considerable feeling exists between the two

branches of the family to this day, owing to this occurrence.

The burden rests upon the slayer in the above cases to show that the

killing was accidental or that he was so drunk as to have utterly

lost his reason. The absence of a motive is a great help to him in

this. If he has ever had a serious altercation with the slain, in

the absence of controverting evidence, the presumption is likely to

be that the killing was intentional, and that he has been "feigning

friendship in order to kill by ugâ (treachery)."

103. Attempts to murder.--An attempt on the part of an enemy of

another district on the life of a person is punishable by death. An

attempt by one of the same district may or may not be punished by

death; in most cases peace would be arranged by mutual friends and

kinsmen. In such a case, he who made the attempt would be required

to furnish animals for a peace feast.

104. Wounding.--Wounds inflicted accidentally and without intent

or carelessness are not punished. In case the element of intent or

carelessness be present, he who inflicts the wounds must furnish

animals for sacrifice, pay the wounded man and his kin a fine,

and stand the expense of a feast to make peace. The following is a

typical list, for the kadangyang (wealthy)class, of the expenses of

animals for sacrifice and fine:

(a) First feast for the recovery of the wounded man, sacrifices

to the war deities: 3 pigs at 15 pesos; 10 chickens at 1 peso;

total 55 pesos.

(b) Second feast for recovery, the pinochla, or feast to cure

wounds and infections: 1 pig at 10 pesos; 2 chickens at 1 peso;

8 spear heads as fees of priests at 25c; total 14 pesos.

In case the wounded man lives, the following fine is paid him and

his kin:

(c) Fine of two bakid (two tens) amounting to 72 pesos; fee of

the monkalan, 10 pesos; total 82 pesos.

(d) Peace making ceremony: 1 pig at 15 pesos; other appurtenances

of feast, 2 pesos; total 17 pesos.

105. Special liability of the givers of certain feasts.--The givers

of uyauwe or hagabi feasts (glorified general welfare feasts to which

great numbers of people come) are responsible for wounds or deaths

that occur at these feasts. When a man decides to initiate himself

and his wife into the ranks of the kadangyang by giving one of these

feasts, he appoints one of the old priests of his family to perform

the tikman ceremonies. These ceremonies are sacrifices to the various

classes of deities whose special function is the "tying up" of men's

stomachs and passions. Prayers are addressed to these deities that a

little food satisfy the guest that attends the feast, to the end that

the giver be not eaten out of house and home; that a little rice wine

suffice to intoxicate the people; that the passions of men be tied up

to the end that no quarrels or frays occur; that no rice-wine jars or

gongs be broken; that no accidents occur--in short, that the whole

feast pass off smoothly. The duties of the manikam (the priest who

performs these ceremonies) are rather arduous. To say nothing of the

ceremonies he conducts, he must fast for a number of days and must

observe a number of taboos. He receives rather a large fee for these

services. And, indeed, their importance, in the eyes of the Ifugaos,

and the legal responsibility he incurs, certainly justify a large fee.

The manikam priests are jointly responsible with the giver of the

feast for accidents or violence that may occur. This liability of

the giver of the feast for wounds or loss of life is based on the

supposition that if he had not given the feast the wound would not

have occurred; and possibly that he gave the feast with the motive

of bringing about such an occurrence. The liability of the manikam

is based on the supposition that there must have been a remissness

on his part in his religious duties, else the accident or loss would

never have occurred. The following is an actual instance that would

indicate that this provision of the law is an incipient employer's

liability provision.

Malingan of Pindungan, many years ago, gathered together his

kin and friends, performed the preliminary feasts, and went to

Payauan to make a hagabi (lounging bench, the insignium of the

kadangyang class). They made a very large hagabi that weighed

nearly a ton. In helping to carry it across the river two men

were carried downstream by the current and drowned. Demand was

made on Malingan and the manikam of the feast for the labod fine

(see sec. 106). It was paid, and that is the reason Malingan's

descendants are not wealthier today, for formerly Malingan was

one of the wealthiest men of the district.

It should be stated that brawls and accidents are much more common

in feasts of this character given in parts of Ifugao other than the

Kiangan-Nagakaran-Maggok area. This is due to the fact that in the

area named above only relatives and persons invited by relatives

attend, while in other regions the event is not so exclusive. There

is the further consideration that in this area, on the night before

the general drink-fest begins, an old man makes a speech in which

he tries to put the crowd assembled in a good humor, and in which he

warns each and every one to seize and hold any person who begins to

disgrace hospitality by unseemly brawling.

106. The labod, fine assessed for homicide.--This fine is paid to

the family of the slain. For the kadangyang, or wealthy class, the

full fine consists of ten portions or divisions, totaling 975 pesos

in the case tabulated below. These divisions may be briefly described

as follows:

THE LABOD FINE

1. Outlay for a honga (general The honga is performed by the man's

welfare feast): kin as a means of preventing the

recurrence of such misfortunes in

(1) carabao P80.00 the family. The animals are

(2) 3 pigs 60.00 sacrificed to all the deities.

=======

Total P140.00

2. Dangale (sacrifices at funeral The animals of this part of the

feast): fine are killed at the funeral

feast of the slain.

(1) 2 carabaos P160.00

(2) 5 pigs 80.00

=======

Total P240.00

3. Gagaom (funeral shrouds): The clouts are to tie the dead man

in the death chair: one about the

(1) 8 death blankets P64.00 chest; one about the head; one

(2) 4 clouts 4.00 about the shoulders; and one to

(3) 1 ceremonial clout 1.00 tie on the head and beak of the

====== hornbill worn as a mark of rank.

Total P69.00 The ceremonial clout is worn on

the breech of the corpse.

The corpse is wrapped and entombed

in the eight death blankets.

4. Habalag (hangings at funeral The nine cheap blankets are

feast): distributed among the man's kin.

(1) 2 death blankets as

fee of the monkalun P16.00

(2) 9 maginlotan (cheap

death blankets) 36.00

======

Total P52.00

5. Mata-na (his eyes):

(1) 1 gold neck-ornament

for left eye P80.00

(2) 1 gold neck-ornament

for right eye 80.00

=======

Total P160.00

6. Putu-na (his belly): Articles listed under numbers 5 to

9 inclusive, go to the dead man's

(1) 1 pango (string of heirs and kin.

beads) P120.00

7. Puhu-na (his heart):

(1) 1 guling (rice-wine

jar, small) P80.00

8. Ubuna-na (his seat):

(1) 1 gong P80.00

9. Nunlidludagan (his place to

lie):

(1) 2 death blankets P16.00

10. Hidit (peace-making): For making peace with the family of

the slain.

(1) 1 pig and other

essentials of feast P18.00

=======

Total P314.00

The rank of the slain has something to do with the amount of the

labod. The amounts given above are those that would be collected in

the case of the killing of a Kiangan man of the kadangyang class. If

the slain were a middle class or poor man the amounts would not be

so great. [18] If the slayer were a middle class, or poor man, the

amounts above might be lessened somewhat, but not very much. If the

slayer be unable to pay, he is saddled with the rest as a debt. If

he cannot pay the debt during his lifetime, his children must pay it.

107. Accidental killing of animals.--The accidental killing of an

animal is not a crime. Sometimes even the value of the animal is not

demanded or accepted if tendered.

If a dog runs out threatening to bite a passer-by, and the latter

kills it, he is required to pay the value of the dog. If a dog bites

a passer-by, the latter may kill the dog and need not pay a fine. If

the dog bites him, and he does not kill it, he may demand a payment

from the owner. It was a provision of primitive Roman law that "If an

injury were done by a slave, the person injured had the right to exact

vengeance against the slave personally, thus injuring the master's

property; and the master or owner was consequently allowed to prevent

this vengeance by making compensation for the injury done." [19]

Should a pig, at that period of the year when rice is stacked below

the granary to dry out, enter through the fence and eat of the rice,

it may be killed by the owner of the granary; but he must give the

owner another pig in place of it. Such a killing is not considered

malicious, for the pig was spoiling the "miraculous increase" of the

year's harvest.

A pig that enters a rice field and eats of the unharvested rice is

usually returned to the owner with the request that he tie the pig

up. Should it again enter the field, the damage it does must be paid

for. Should the owner refuse to pay this indemnity, and should the

pig again enter the field, the owner of the field would be likely to

kill the animal. The owner of the pig might consider such a killing

malicious and improper. Public opinion would sustain the owner of

the field.

108. Malicious killing of animals.--This is a serious crime. Its

seriousness is due partly to the fact that domestic animals are

to a great extent considered members of the household and as such

loved and protected, and further to the fact that the intentional

and malicious killing of such a member of a household would have a

tendency to bring a like fate on the human members thereof, owing to

the mystic power and force of analogy.

A labod fine is demanded for the malicious killing of a pig. The fine,

in case a wealthy family is concerned, is as follows:

LABOD FINE FOR MALICIOUS KILLING OF A PIG

1. The corpse of the dead pig is surrounded by living pigs,

one on each side, i.e., four pigs are exacted in return.

2. Dangale (see sec. 106): 1 carabao. This animal is simply

handed over, not killed for a funeral as is the case when

a human being is concerned.

3. Gagaom (see sec. 106): 6 death blankets; 1 bayaó (fancy

blanket); 1 tin-unwe (ceremonial clout); 4 clouts.

4. Habalag (see sec. 106): precisely as in the case of a

homicide.

5. Liwa, fee of the monkalun, or go-between: 1 death blanket.

PUTTING ANOTHER IN THE POSITION OF AN ACCOMPLICE

109. The tokom, or fine for compromising another.--He who, voluntarily

or involuntarily, puts another in the position of an accomplice, or

in such a light that he might be regarded as being an accomplice in

the commission of a crime, and so be liable to punishment as such,

must pay the person so injured a fine, called tokom. It may almost

be said that he who causes another person's name to be prominently

mentioned or bandied in connection with a crime must pay this fine.

The following are instances in which a tokom would be demanded:

A of another district comes to the house of B, and is received

by B as a guest. While he is going home and while he is in the

outskirts of the district he is speared by C, a neighbor of B's

or a resident of the same district. B must force C to pay a tokom.

Ifugao Law (In American Archaeology and Ethnology, Vol. 15, No. 1) · 第 7 / 12 段