Tags: Indigenous Culture
By Anna Valmero
LA TRINIDAD, BENGUET—A customary law in the Cordillera Region handed over generations allows for locals in Brgy. Pico to amicably settle conflicts or disputes through an indigenous conflict resolution called “tongtongan.”
Even before the rule of law was implemented in the country, “tongtongan” has been used to peacefully settle issues on properties, relationships, unscrupulous practices, crimes and tribal conflicts.
Just like in the Supreme Court, it is presided over by a Council of Elders, the oldest of which normally mediates the talk.
Unlike court trials, “tongtongan” is “more of a consultation process” that aims to find the root cause of the conflict until a settlement is reached based on advice from the elders, said Virginia Fianza, a former educator and now an elder of the barangay.
The elders can represent the parties in dispute but must maintain a neutral role. This is similar to how lawyers represent parties in a trial except that they are not paid and the elders are respected by the whole community.
Elders related to the parties personally inhibit from the case to maintain fairness, Fianza said.
Once a decision is reached, the offender is penalized through traditional or customary ways such as butchering a pig, dog, chicken, or whatever the aggrieved party demands. For crimes which require a higher penalty, the offender has to sacrifice and produce what is demanded by the aggrieved party.
The “tongtongan” is not usually a long process and sometimes a toss of the coin can be done upon agreement of the parties.
The decision from the consultation is brought to the barangay for documentation to also start reporting of the number of cases settled this customary way, Fianza said.
If the dispute is unresolved by the Council of elders, it is filed to the barangay’s “Lupon ng Tagapamayapa,” after which it would be elevated to higher courts where they need to pay lawyers, similar to the practice in modern trial systems.
For Fianza, the survival of the “tongtongan” reflects the advancement of Filipino culture, especially in the Cordilleras, on having an indigenous trial system that is based on respect and trust.
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Magandang araw po. Ako po ay isang post-graduate student ng Unibersidad ng Pilipinas sa ilalim ng kursong Community Development.
Ako po ay sumusulat sapagkat ako ay gumagawa ng isang pag-aaral tungkol sa Tongtongan. Maaari ko po bang hingiin ang contact number ni Virginia Fianza? Malaki po ang maitutulong nito sa aking ginagawang pag-aaral.
Maraming salamat po at aabangan ko ang inyong reply.