Part 7
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.
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