Introduction Thesis 1
Introduction Thesis 1
Introduction Thesis 1
framework and the statement of the problem. It comprises the main focus
of the research described in. Existing studies and theories were also
help to explore, analyze, question and reframe their position and interest
(Berhe, 2012).
distinct culture by which they see and interact themselves. For instance,
In fact, this mode of living is a different version of life rather than connoting
some westerners. The communal life in Africa, on the other hand, has an
implication in conflict and its resolution. The issues of security, peace and
bring about collective social stability and harmony. They do not simply
focus on the punitive measure nor do they merely settle the conflict. They
rather strive to bring about sustaining peace among the disputants thereby
customs and traditional religions. Together, they are the dominant ethnic
took over their functions. Disputes in the Philippines evolved from both
arising from the daily affairs of the communities were brought before the
threshing out the issues and resolving them along the principles of justice
creative dispute settlement rewarded him the distinct honor and privilege
2005. Aside from settling minor issues among barangay residents, ADR is
relationship between the two rivaling families. The Sultan, Datu, or Council
rido can’t be settled in early intervention, the leaders in the area should do
conflicts which are easier for the Maranaos to resolve by peaceful means.
Maranaos who belong to one and the same kinship group. In this kind of
second kind of Marano conflict of lesser gravity and intensity is the rido-o-
may intervene to put the dispute under control for the sake of peace in the
occurs in the community, the relatives of the disputants would close ranks
merely ritualistic; and the process is very dynamic and difficult. Its
Maranao’s conflicts.
Zamboanga del sur,”. The researcher found out that no common steps are
complaint. However, it was found also that the decisions of the Thimuays
leaving the dead unburied and placing it outside the aggrieved family’s
house on a bamboo bed without coffin. The decomposing body is left open
until there is Durog or partner dead body from the assailant’s family. As
such, kantang aims to dramatize the extent of grief that family has.
It was originally used to refer to all mountain dwelling people. These days,
rituals, beliefs and ethnic values are the same with the Igorots. A Tinguian
halls of the courts. These methods are in fact the basis of what we regard
from any class. However, usually, members of the group come from the
mountains and waterfalls, lives a tribe of the same name. The Indigenous
subtribes meet to try and find a solution that will suit both parties, even if it
takes days of discussion. The Kalingas only use the Philippines’ justice
system as a very last resort. Today, the pochon is called to solve what
the people and to unclog the dockets of the courts. This study is important
come up to know some of the alternatives and its processes of every tribe
in Pasil, Kalinga?
3. What are the processes involved for each indigenous practice of
settling disputes?
Traditional Conflict Resolution Mechanism Among Indigenous
Cultural Communities of Pasil, Kalinga
Conceptual Framework
The objectives of the theories are to further explain the societal situation
Conflict Theory
the conflict between two primary classes. Each class consists of a group
society who hold the majority of the wealth and means. The proletariat
and groups and between whole societies. In the context of war, society
may become unified in some ways, but conflicts still remains between
multiple societies. On the other hand, war may also result in the wholesale
The theory relates much to the study on tribal settling disputes thus,
pinpoint the different types of conflicts being occurred and the appropriate
mechanism to be use.
ways for specific theoretical or practical purposes. The canons cover the
whole decision based on the goals, beliefs, and background knowledge of
to the initiation of new decisions and any step in the cycle can incorporate
reasoning about previous decisions and the rationales for them, and lead
cycle
1. Identify problem
3. Generate options
4. Evaluate options
mental processes that help humans solve problems and learn new
making decisions with information about which they are uncertain. Some
suggest that thus theory works because not every decision is worth
spending the time necessary to reach the best possible conclusion, and
thus people use mental shortcuts to save time and energy. Another
interpretation is that brain simply does not have the capacity to process
Aside from the theories stated, the study is also added to the
following concepts which shows some similarities with the Pasil customary
an impartial third party which was created to settle directly or helps for the
Mediation
either act as a bridge between parties who do not meet, or who may sit
Arbitration
and the manner of selection of its members, its rules of proceeding and
sometimes even the law to be applied by it, and the issues of fact or law to
be resolved.
Conciliation
opportunity to talk about the issues and resolve the matter themselves.
The process is like a court hearing. It is not a forum for cross examination
2017).
Some of the social practices of the ancient Ifugaos when settling conflicts
use the talahib shoot to determine the winner of the case. This is resorted
in theft cases when the suspect pledges innocence, and if the complainant
and the suspect agree to use this method, they automatically abide to
thing, or, pays it back; if he wins, he can claim from his accuser some sort
suspects and leads them to his house while he invites a native priest to
act as judge. The things necessary in the a-agba divination ritual are
either a pair of eggs, or a bolo and an egg. The eggs are simply placed on
a table or on the floor while the priest chants his prayers to the gods
before performing the a-agba ritual on all the suspects. In the two-egg
method, the priest attempts to balance one egg atop the other egg and
while doing so, he mentions aloud the name of one of the suspects,
asking the gods whether the suspect is the guilty party. If the egg stands
balanced no matter how much tapping is done on the table, the suspect is
which is also used in settling disputes pertaining to land rights. In this, the
at a given signal, try to pin down their opponent to the ground. When two
boundaries, they may agree to settle their dispute though bultong. There
are two types of bultong decisions – the first decides the location of the
boundary line where it gives the winner the right to draw the line, and the
second involves an agreement whereby the exact point where the winner
pins down his opponent will be the new location of the boundary line.
process of litigation among ethnic groups in the country, and among the
ancient Ifugaos, this was also practiced. The disputing parties or their
undergo an ordeal such as dipping the hands into a pot of boiling water.
water at the same time. The first one to remove his hand from the
cauldron is the loser. If both of them take off their hands at exactly the
same time, their hands are scrutinized for possible burns. The one found
to have suffered more is adjudged the loser. Today, this practice has been
abandoned.
indemnity from his accusers. This indemnity is called the haliw. The
defendant claims it; however, if not, the accuser is not bound to give him
money depending on the extent of the moral damage. In the case of the
rich man versus the poor man, the latter may claim the haliw. Though
these may seem impractical in the modern era, the Ifugaos do yet believe
in the intervention of their gods and spirits who look into the process to
external forces, but by the will of traditions and practices shaped through
2015).
Indigenous
mechanisms in
settling disputes
Conflict
Conflict
resolution
Process
REFERENCE CITED
August 20,209.
ON September 5, 2019.
DEE, A. and R. SONGCO. 2019. Philippines: Litigation & dispute
resolution 2019. Accessed on august 22, 2019 at 10:30 pm.
HALDEMANN, S. A process of conflict resolution in Kalinga.
Accessed on August 22, 209.
Accessed September 2, 2019
HUMPA, L. S. 2002. The system of conflict resolution of the
Thimuays in the three barangays of Lapuyan, Zamboanga
del sur. Undergraduate Thesis in Political Science, College
of Arts and Social Sciences, MSU- Iligan Institute of
Technology, Iligan City. Accessed on August 24, 2019.at
11:23pm.
JOCANO, F.L.1968. Sulod society: A study in the kinship system
and social organization of a mountain people in Central
Panay. Quezon City: University of Philippine Press.
JOSHUA, .20l0