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COMPILATION OF AGUSANON MANOBOS CUSTOMARY LAWS AND PRACTICES: A Secondary Research Researchers: Rosennova B. Perez and Jessie Z. Doyzabas Contributors: 2nd Year Student of FS Co!!e"e of #a$ %SY 2&'()2&'*+
Pre,ared for: rian #e"a! -ssistance -ssistance Pro"ra%#-P+ and Deutsche of Gessellschaft für Internation
Zusammenarbeit (GIZ)
ABOUT THE PAPER
The Urian Legal Legal Assistan Assistance ce Program Program (ULAP) (ULAP) of Father Father Saturnin Saturnino o University (FSUU) together with the College of Law Faculty and Student coor coordi dina nati tion on with with the the Deut Deutsc sche he of ess essel ells lsch chaf aftt f!r f!r "nte "ntern rnat at #usammenar$eit ( "#) "#) aims aims to %ll %ll a &rom &romin inen entt ga& ga& $y ma ma'i 'ing ng cu cult lt sensitive legal assistance and &aralegal services availa$le to the marginali &o&ulatio &o&ulation n includin including g u&land u&land farmers farmers indigeno indigenous us &eo&le &eo&le ("Ps) ("Ps) women young men who are residing in con*ict a+ected areas li'e the Caraga ,egio -orthern .indanao/ 0ith FSUU1ULAP $eing ran'ed as among the selec Master your semester with Scribd grou grou& & of law law scho school ol1$ 1$as ased ed lega legall assi assist stan ance ce &r ogra rams ms in the the Phil Phili& i& Read Free For 30this Days Sign&rog up to vote on title & The New York Times useful Useful Not$eyond recognied $y the Su&reme Court the &rogram even goes the $or Cancel anytime. Special offer for students: Only $4.99/month. in order to create new realities/ That is the $order $etween the mainstre
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0ith 0ith the the commun communiti ities es of the "ndig "ndigeno enous us Peo&le Peo&less ("Ps) ("Ps) havin having g traditional &rocesses in almost all things if not all in their daily lives there great need to understand their ways it $eing essential for the &eo&le in mainstream to reach out to them and to $e a$le to interfacing the mainstre and indigenous ways in order to &rovide an e+ective culturally sensitive le and &aralegal service to everyone in the region/
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INTRODUCTION
The 3456 Phili&&ine Constitution em&hasies to give the highest &rio to the enactment of measures that &rotect and enhance the right of all &eo&le to human dignity reduce social economic and &olitical ine7ualities remove cultural ine7uities $y e7uita$ly di+using wealth and &olitical &ower the common good/3 ,e&u$lic Act -o/ 5863 otherwise 'nown as "ndige Peo&les ,ights Act ("P,A) li'ewise declared that the state shall recog res&ect and &rotect the rights of the indigenous &eo&le and to &reserve develo& their cultures traditions and institution/ 9 The "P,A law has de% indigenous &eo&le as a grou& of homogenous society who have continuo lived as an organied community on communally $ounded and &ossessed l used as their a$ode sharing common $onds of language customs cultu traditions and indigenous religions $ecome historically di+erentiated from rest of the Fili&inos/ 8 They are the living descendants of &re1invasion inha$ita of lands now dominated $y others and are culturally distinct grou&s that % themselves engulfed $y other settler whoaencroached their lands/ You're Reading Preview
Unlock fullthe access.ano$o with a free trial. .eanwhile in .indanao tri$e is one of the &o&u indigenous grou& of &eo&le that has inha$ited the island/ .ano$o si Download With Free Trial means :&eo≤ or :&erson;< alternate names include .anuvu and .inu The term may have originated from :.ansu$a; a com$ination of man (&eo and su$a (river)/= The .ano$o com&rised of eight grou&s> the Cot Master your semester with Scribd .ano$o Agusan .ano$o Di$a$awon .ano$o .atig Salug .a Read Free For 30this Days Sign up to vote on title & The New York Times Useful Not useful.ano$o Sarangani .ano$o .ano$o of 0estern?u'idnon @$o Cancel anytime. Special offer for students: Only $4.99/month. Taga$awa .ano$o/ The grou&s are often connected $y name with eit
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the "fugao and other terrace $uilding &eo&les of northern Luon/ thnoling ,ichard l'ins (345=) coined the term :Proto1.ano$o; to designate this st of a$original non1-egritoid &eo&le of .indanao/ :Agusanon; is derived f :agus; meaning stream; :an; meaning :&lace; and :1on; a suE2 denot &eo&le and their language the term referring to :the native &eo&le inha$it the territory drained $y the Agusan ,iver their culture and langua owever as the native &eo&les have $een crowded out of their lands Christian settlers the latter are now dominant and in &ossession of the lands in the Agusan alley/ The earlier &o&ulation has $een driven into mountainsides and slo&es $y "slamiation which may have $egun around 3Bth century and isayan immigration/ ence it is actually more accurate to these native &eo&le Agusan .ano$o the second word $eing the is&ani word for .anuvu the original name/ 6 The eastern .ano$o count among t num$er the Agusanon .ano$o are found in the two &rovinces Agusan -orte and Agusan del Sur/ 5 PURPOSE OF THE STUDY:
You're Reading a Preview
The &ur&ose of this &a&er is to reiterate the recognition res&ec Unlock full access with a free trial. &rotection of the rights of indigenous &eo&le to &reserve their cul With Free Trial to have a glim&se of traditions and institutions/Download S&eci%cally further Agusanon .ano$osG Customary Laws and Practices &articularly>
3/ "m&ortance of 'nowing Customary Law< Master your semester with Scribd Free Foron 30this Days 9/ "ntroduction of .ano$o Customary Read Law< Sign up to vote title & The New York Times Useful Not useful 8/ Their governance system H the &olitical structure with the duties a Special offer for students: Only $4.99/month. res&onsi$ilities of
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each of their su&erior authorities<
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This research aims to determine the documented customary laws of Agusanon .ano$osG in .indanao/ owever to directly conduct a thoroug and %rst hand information research a free &rior and informed consent from the community is a necessity hence the researchers o&ted to ma'e &a&er a com&ilation andJor a secondary research/
Thus this study is limited only to the documents that were already conduc researched and &u$lished although there were s&ontaneous interviews ma $ut were &urely utilie only in this &a&er as additional insights of researchers/
Using of the materials &rovided $y "# the researchers were a$le to list do and enumerate K&revalentG customary laws of the .ano$os/
As documented $y ohn ./ arvan in his reading The ProMect uten$erg e?o The Manóbos of Mindanáo he chronicled and thoroughly e2amined the life ways of the .ano$os in .indanao/ e detailed his e2&erience with them as gathered the information not Must a$out their customary laws $ut also w every as&ect and facet of lifeYou're of the .ano$os/ Reading a Preview Unlock full access with a free trial.
This research is sourced from the information the e$oo' contains/ The aut and The ProMect uten$ergDownload e?oo' allowed usage thus< it can $e :used With Freeits Trial anyone anywhere at no cost and with almost no restrictions whatsoever/; Asidesemester from $eing awith secondary research information and insightsa$out Master your Scribd Read Free Foron 30this Days Sign up to vote title research were also gathered and collected through $rown$ag sessions & The New York Times Useful Not useful interviews and other Special offer for students: Only $4.99/month. Agusanon .ano$os/
anytime. availa$le and &u$lished Cancel online information on
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gather %rst1hand information through immersion/ "t also &rovided necessary readings and materials which the relevant facts of this research ta'en from/
A $rown$ag session was also conducted on December 19, 2015 in FSUU w the &resence of Datu .a'ali&ay Datu Tumawan and ?ae Lucy ,ico researchers< on :Getting to know the gusanon Manobo!"
The researchers with the ULAP went to ?ayugan Tri$al all ?ayugan City Fe$ruary 9I3 to gather insights on Agusanon .ano$o Customary Laws;/
The researchers also sought the hel& of the -ational Commission on "ndigen Peo&les (-C"P) Caraga ,egion N""" in ?utuan City/ @n Se&tem$er 9= 9I3B grou& sent as'ing the agency to hel& them with the research/ "t immediat res&onded and as'ed the re&resentatives of the grou& to meet wi ,egional earing oEcer Atty/ ohn dwin C/ Luneta/ @n uly 98 9I3 A ohn dwin C/ Luneta conducted a summary $rie%ng with the ULAPeer FSUU Function all on :Pertinent Ouestions at Documented .a Customary Laws;/ You're Reading a Preview
From the foregoing secondary sources researchers then &osited Unlock full access with a free trial. o$servations of the customary laws of agusanon .ano$o and su Download Free Trial recommendations on how to further With this study/
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I. IMPORTANCE OF NO!IN" CUSTOMARY LA!S# LE"AL CONTE$T
The Phili&&ine Constitution recognies and &romotes the rights of indigen cultural communities within the framewor' of national unity and develo&m (Art 9 section 99 of the 3456 Constitution) "n fact many laws were enacted towards the realiation of the constitutional &rovision to wit>
-C"P H agency charged $y law to &rotect and &romote the interest and w $eing of the "CCsJ "PS with due regard to their $eliefs customs traditions institutions (Sec/ 84< "P,A)/ D-, H "P,A Sec/ B6 (natural resources within ancestral domain) an (nvironmental Considerations) &rovides for the "PsJ"CCs res&onsi$ility to> a/ .aintain $/ Develo& You're Reading a Preview c/ Protect Unlock full access with a free trial. d/ Conserve/ Download With Free Trial
DCs H "P,A Sec/ 8I and 83 &rovides for educational system in "P areas tha cultural sensitive/
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Sec 36 H &rovides for the "CCs full &artici&ation in the formul
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@ne of the 'indest tri$e is the .ano$o as stated $y ?ae ?ong'o1an "" ?ayugan City Tri$al all during the meeting with the tri$al chieftai Fe$ruary 9I3/
?ae Lucy ,ico also stated that indigenous &eo&le has only @ral Tradition written customary law/ Their traditions and cultures were alive $ecause it $ecome &art of them from their ancestors and was &assed unto them learning ada&ting remem$ering and e2&eriencing throughout their lives wit their community/ "t is true that their customary laws are changing and evolvin
This research has documented few of the customary laws of the Agusan .ano$o/
MORAL OFFENSES
Se2ual morality is $ound u& with religion and the greater violations of it sometimes &unished $y the divinities/ Such lighter o+enses as gaing at &erson of a woman while she is Reading $athinga Preview or on any other occasion when You're &erson is e2&osed are &unished with a&&ro&riate %nes/ "m&ro&er suggesti Unlock full access with a free trial. and unseemly Mo'es undergo the same fate/ To touch any other &art of &erson is an o+ense &unisha$le $y a good1sied %ne/ Download With Free Trial
Death is the conse7uence of adultery fornication and seduction e2ce&t in v e2ce&tional cases with where the in*uence of the guilty ones relativesmay s Master your semester Scribd Read Free Foron 30this Days Sign up to vote title him/ ?ut it is certain that in these cases the %ne is very heavy/
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The law is even more rigid in the matter of adultery/ "n the u&&er AgQsan ,iv
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MARRIAGE CONTRACTS AND PAYMENTS
.arriage is &ractically a sale in which a certain amount of the marriage &ric returned to the $ridegroom/ This rule is very stringent/ Should the marri negotiations discontinue without any fault of the man or of his relatives &ayments &reviously made have to $e returned item for item/ "n this res&ec is to $e noted that marriage contracts are almost relentlessly rigid a fact t suggests an e2&lanation of the length of the &eriod that is usually re7uired terminate the negotiations/ For it is only $y many acts of attention and even su$servience that the suitors relatives $rea' down the o$durateness of %ancs relatives and ma'e them rela2 the severity of their original deman ery minute and strict accounts of the various &ayments including such sm donations as a few liters of rice are recorded on a 'notted rattan stri& antici&ation of a %nal disagreement/
0hen it is decided that the marriage is not to ta'e &lace $y reason of the de You're Reading a Preview of one of the aEanced &arties the father and relatives of the %anc m return all the &urchase &ayments which may have Unlock full access with a free trial. $een made/ Custom &rov that these &ayments shall $e returned gradually the idea $eing &resuma$ly Download With Free allow the %ancs relatives an o&&ortunity toTrial &ro%t $y the donations of a n suitor if one should &resent himself within a sti&ulated &eriod/ "t will $e rea understood that the nature of the de$ts incurred $y an o$ligation to ret Master your semester with Scribd wil marriage &ayments determines the character ofFree theFor &ayments that Read 30this Days Sign up to vote on title e2acted a new suitor/ Thus if As relatives for good reasons decide & The New Yorkfrom Times Useful Not useful Cancel anytime. Special offer for students: Only $4.99/month. to continue their suit for the hand of ?s daughter ? would $e grante s&eci%ed time in which to await the &resentation of a new suitor for
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The laws governing family relations are very sim&le/ The father has theoretic a$solute &ower of life and death over his wife children and slaves/ "n &ract however this &ower is seldom used to its full e2tent/ An ar$itrary e2erc domestic authority over his wife and children would arouse the antagonism her relatives and lead to a ru&ture of friendly relations/ ence in family deali there are dis&layed on one side &aternal a+ection and leniency and on other %lial devotion and a sense of duty so much so that the mem$ers of family live in &eace and ha&&iness with seldom a domestic grievance/
The wife of course is the a$solute &ro&erty of her hus$and $ut is rarely ever sold/
"t is not in accord with .anR$o custom for a man to have two or more wi unless the %rst wife consents to the later marriages and if she does conse she must always $e considered the mans favorite and must $e allowed to h a 'ind of motherly Murisdiction over the other wives You're Reading a Preview
III. "O&ERNANCE, LEADERSHIP, SUCCESSION
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Three (8) su&erior authorities traditionally consisting of .ano$o Polit Download With Free Trial Structure> 3/ awudonJPanguyu tu tri$o (sometimes also called Datu) H su&r leader< Master your9/semester with Scribd ?aylan (Shaman)< Read Free Foron 30this Days Sign up to vote title 8/ ?agani (Tri$al uards)/ & The New York Times Useful Not useful Special offer for students: Only $4.99/month.
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Duties and ,es&onsi$ilities of the Panguyo tu tri$o>
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Duties and ,es&onsi$ilities of the ?aylan (Shaman) 3/ Act as the s&iritual adviser of the awudonJPanguyu tu tri$u< 9/ Assist the awudon in case of diEcult con*ict resolution a he may u&on his :a$yan; to assist $y convincing the s&irit causing the adve react of the $elligerent &arty to cool down< 8/ Administer the conduct of the ritual/ "f he is not around the among the tri$al elders may do this in his $ehalf< =/ Solemnie marriage $etween mem$ers of the tri$al community/ "f h not around the eldest among the tri$al elders may do this in his $ehal B/ Pro&hesie or &redict something or events that may ha&&en in the tr community/ Traits of a .ano$o Tri$e who live in accordance with their Custom Tradition> 3/ Stand for Mustice and fairness< 9/ ?rave elo7uent and strong< 8/ "m&artial< =/ Shar& mind< B/ Possesses the necessary s'ill of com$at/ You're Reading a Preview System of overnment 3/ .ano$o land is divided into Unlock full districts< access with a free trial. 9/ ach district is the &ro&erty of a family or clan< 8/ ach district re o&en to every$ody time Download With in Free Trialof &eace< =/ Districts are o&en only to &ersons of tried friendshi&/
Territory Master your semester with Scribd Territorial $oundaries are traditionally mar'ed Read $y> upFree Foron 30this Days Sign to vote title 3/ ,ivers streams la'es others $odies of waters< & The New York Times Useful Not useful Special offer for students: $4.99/month.and ridges< 9/Only .ountains
8/ igantic immova$le roc'sJ$oulders< and
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a/ Attained the ran' of ?agani H that is one who has 'illed a certain num of &ersons/ $/ as moral ascendancy over his constituentsJmem$ers/
B/ Succession a/ During his lifetime the Datu may a&&oint who among his sons s succeed him u&on his demise< $/ Failing this he shall $e succeeded $y his eldest son who must have a$ility and in*uence to discharge the duty of a Datu/ @therwise familyJclan may a&&oint another of his sons who is 7uali%ed/ "f ther none the family or clan may &ic' among his $rothers who is 7uali%ed/
/ Con*ict Settlement H the chieftain is assisted $y> a/ The ?aylan (Shaman) H more s&iritually $/ Councilor of lders (.anigaon) H authority and o&inion re> customary is res&ected< reater in*uence in time of trou$le than time of &eace/
overnance a/ Clan H lead $y the Datu aided $y the res&ected mem$ers of the cou You're Reading a Preview of leadersJelders of the families com&osing the clan< access with aaided free trial.$y the res&ected mem$er $/ Community H lead $yUnlock thefull awudon the council of leadersJelders of the clans com&osing the community< With c/ Ancestral domain of Download "CCs H lead $yFree theTrial awudon aided $y the res&ec mem$ers of the council of leadersJelders of the communities com&ri the AD/
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/ Pag'a .aa$i1a$ihon 6/ Pag'a .aginhatagon
?oot Sinam$initan H mga &aghuna1huna 'on &ag1isi& no angadan no aha dow &ag'alig1oy $aruganan sa usa$ to 'aya&ad to dagat to &anghuna1huna inggad amunuhon to &ag'a$uyo o$in &ag'uso1'uso to $ayud no mag'ad 'una gadud og 'ay$og to &aghuna1huna ug tao$ man 'o humunas to dag a&an 'an dagat on gani tog 'a$uyoing1gad &at &ag'a amuno no 'aduson $utang dinit 'ali$utan ug 'agu$a gadod inggad &ad to mgo 'a$u$ungan yum&agon din &ad sii/ "yan sii to &ag oldin to ?atasa Sinadahan ?oot Sinam$initan> Pito no 'a @ldin> .ga in1udow (?awal)> 3/ "n1udow to &aghimatoy 9/ "n1udow to to &agginayo 8/ "n1udow to &ag inom to og &a'ahu$og =/ "n1udow to &ag&ana&aw B/ "n1udow to &ag&anugal You're Reading a Preview / "n1udow to &ag&anghila$ot to 'unan i'aw 6/ Pagli'oy to mga maduot 'agi hinang Unlockno full mga access with a free trial. dow $oot/ L".PS @F .A-@?@S
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Territorial Prohi$itions> 0here a wild &ig chased $y the hunting dog is caught in anot Master youra/semester with Scribd Free Foron 30this Days Sign up to vote title territory the same shall $e given to theRead tri$e owning the territory as & The New York Times Useful Not useful right to catch shifts to the mem$ers ofthe tri$e owning the territory Cancel anytime. Special offer for students: Only $4.99/month. return the reci&ient shall give $ac' to the dog owner the &igGs
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d/ To fell down &lants or trees used as a source of medicine to heal the s e/ To distur$ the nests of $irds as $irds are the indicator of times $y tri$al community< f/ To cut down trees/ owever if it cannot $e avoided that it shall $e u in $uilding a house or a $oat or for swidden farming a ritual shall made $y way of as'ing &ermission from the s&irit dwelling on it< g/ To fell down anahaw tree save only if it is to $e used as roo%n *ooring material of the house/ This shall however only $e done if the t is not anymore &roducing suEcient leaves/
S&iritualJ,eligious Prohi$itions a/ To defecate or urinate in &laces of worshi& and sacred grounds< $/ The ?eetle nut (.am1on) and (alisow) tree are considered sa hence it should not $e felled down/ "t is also used in rituals< c/ To $uild a house engage in farming and collect honey in &laces ne2 $urial and worshi& grounds< d/ To set a tra& for wild animals in the forest without %rst secu &ermission from the s&irit who &rotects them/ "t is necessary to sec the &ermission of :SugoMon;/ You're Reading a Preview Unlock full access with a free trial.
Civil Prohi$itions Download With Free Trial a/ To unduly disadvantage the others in all activities of :&anyagutom; food sourcing/ $/ To a&&ro&riate for himself any &lants and fruit tress found in the far Master your semester with another without theScribd latterGs 'nowledgeRead or consent/ -evertheless if s Free Foron 30 Days Sign up to vote this title a&&ro&riation the ta'er to le & The New York Times cannot $e avoided it is im&erative Useful for Not useful Cancel anytime. Special offer for students: Only $4.99/month. $ehind a sign that he ta'e or consume it $y his own/ This is ca :Panagsawa; which means ta'ing without noti%cation to the owner/
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&. CRIMES OF MANO%O AND PENALTIES CRIMES
"t must $e laid down as a general &rinci&le that in .anR$oland it is conside &ro&er and o$ligatory to see' redress for all wrongs (e2ce&t a few seri ones) $y an a&&eal to the relatives of the wrongdoer either directly $y a for meeting or indirectly through the mediation of a third &arty/ The e2ce&tions to this rule are cases of adultery fornication ra&e and homic when the murderer wantonly and without an attem&t to ar$itrate 'il fellow man/ The great law of vengeance &resu&&oses in nearly every cas recourse to ar$itration and not a hasty unannounced deli$erate 'illing/
The one who orders the death of another or in any other way deli$era causes it is the one on whom vengeance must $e ta'en/ Thus if A &ay neutral warrior chief to 'ill his o&&onent the res&onsi$ility for the death wil laid not on the warrior who did the 'illing (unless he had &ersonal motives You're Reading Preview committing the murder) $ut on the oneawho ordered the death/ The war Unlock full with a free trial. e may $e &aid again $y was &aid and accordingly $ears noaccess res&onsi$ility/ relatives of the slain to do a similar act to their enemies/ Thus it is tha Download With Free Trial .anR$oland it is very necessary to $e on such terms of friendshi& with mem$ers of the warrior class that they will not $e inclined to underta'e &ayment the tas' of ta'ing vengeance for another/
Master your semester with Scribd Read Free Foron 30this Days Sign up to vote title illing forTimes &u$lic &olicy is a recognied institution $ut such e2ecutions v & The New York Useful Not useful Cancel anytime.
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?y the tawVgan system a .anR$o is &ermitted to 'ill or seie anything any$ody that he may decide u&on &rovided that he has made every endea to settle the dis&ute $y amica$le means/ aving failed to adMust the mat without $loodshed he may avenge himself %rst and a$ove all on the gu &arty/
The aggrieved &arty in ma'ing use of his right must if &ossi$le in*ict dama even death u&on the de$tor or other wrongdoer or on some of his relativ $ut should this &rove im&ractica$le he is at li$erty to select anyone/ "f he 'il neutral &arty he must com&ound with the relatives of the slain one for death in*icted and enter with them into a solemn &romise to act Mointly aga the o+ending &arty/ "n the case of seiure he can not dis&ose of the o$M seied until the owner $e consulted/ "t is customary for the two to ente com&act $y which they $ind themselves to ta'e Moint action agains o+ender advantageous terms $eing guaranteed to the new colleague/ man whose &ro&erty is thus seied is very often one who has had an old1t grudge against the original o+ender or de$tor/ You're Reading a Preview Unlock full access with a free trial.
PENALTIES
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The .ano$o tri$e &er tradition maintain no Mails $ut im&osed &enal
that are commensurate to the gravity of the o+ense/ All o+enses are me withsemester corres&ondingwith &enalties whether such o+ense is heavy or light/ Master your Scribd @+en Read Free Foron 30this Days Sign up to vote title that are intentional aUseful heavier &enalty/ The o+en & The New York Times when done are meted with Not useful Cancel anytime. is sentenced on the $asis of the %ndings and decisions of the council of Special offer for students: Only $4.99/month. tri$al eldersJleaders (manigaon)/
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unting violators could $e de&rived of the chance to catch a wild $ :malihi; or his violation may result to the death of his hunting dog< Tres&assers may $e amica$le settled $y the $aylan or $y the counc elders who are s'illed in con*ict resolution to &revent %ght to the de $etween the dis&utants/ "n the settlement &roceeding it is a must t the o+ender shall give an o+ering for the forgiveness of his o+ense< @ne who destructJo$structs the hunting activity of another :-a'adu shall recom&ense the latter (-anyagutom) for the damage done and would de&end on the num$er of days incurred in the hunting activity< .eddling with nest of the horn$ill haw' or any $irds in the forest m earn the wrath of the s&irit and get the meddler in*icted wi mysterious disease/ ?uilding a house within or immediately ne2t to the worshi& areas m result to the $urning down of the house/ For those who fa gathered honey or yell within the same area may get in*icted wit disease that could $e fatal if not immediately treated $y a $aylan/ Ta'ing o+ with the wife of another may result to death of the o+end the council of elders andJor the $aylan failed to settle the ma You're Reading a Preview amica$ly/ Unlock full access with a free trial.
Leadershi& Con*ict Download Free Trial 3/ Adversaries are summoned $y With the Datu< 9/ Datu tal' to each adversary se&arately e2&laining their Customar at succession or choosing of a leader< The Datu consult manigaon< Master your8/semester withhisScribd Read Free Foron 30this Days Sign up to vote title =/ ,ender decision
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Su$stantially the same as in the a$ove di+ers only in the rituals m and &enalties/ ,oyalty Fees overn $y Community ,oyalty Develo&ment Plan (C,DP)/
&I. CUSTOMARY PROCEDURE PRELIMINARIES TO ARBITRATION
The aggrieved &arty u&on hearing of the o+ense and after ma'ing many fu e+orts to come to an agreement consults with his relatives when after $e assured of their coo&eration he $egins to issue threats all of which reach ear of his o&&onent/ At %rst the latter &ro$a$ly is not distur$ed $y these $ as they $egin to &our in from all sources he ma'es u& his mind either to f his o&&onent in &erson if the a+air has not gone too far or to loo' around f friendly chief or other &erson of in*uence and sagacity to mediate/ All this t a Preview new rumors of his enemysYou're angerReading and determination to a&&eal to arms re Unlock full access with a free trial. him $ut he must not dis&lay cowardice neither must his o&&onent o&enly s ar$itration for such an action would $es&ea' fear on $oth sides/ So on the & Download With Free Trial of the aggrieved one there is menace revenge and a &retense at least not $e amena$le to &eacea$le measures/ @n the &art of the other there must no dis&lay of fear no hurry to ar$itrate and a general indi+erence at le Master your semester with Scribd simulated as to the outcome/ "f the o+endingRead &arty threat $y thre Free Foron 30this Days Sign up toanswers vote title & The New York Times Useful Not useful his o&&onent may $ecome incensed and hostilities may$rea' out as ha&& Cancel anytime. Special offer for students: Only $4.99/month. in other &arts of the world/
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"t may ha&&en that the aggrieved &arty instead of following this &rocedu &reci&itates a settlement $y sending a %ghting $olo or a dagger or a lance to o&&onent/ This is an ultimatum/ "f the wea&on is retained it means hostilitie it is returned it denotes a willingness to su$mit the matter to ar$itration/ the one who receives the wea&on &ro$a$ly will not return it at once as desires to disguise in the &resence of his o&&onents emissary the $eare the ultimatum any eagerness he may feel for ar$itration/ @nce having decid that he will su$mit the matter to ar$itration or that he will yield he announ to the messenger that he will visit his o&&onent within a s&eci%ed &eriod tal' matters over and that he is willing to have the a+air settled $ut that relatives are unwilling/ "f a $olo or other such o$Mect has $een sent to him returns it for to retain it would signify his unwillingness to su$mit and readiness to ta'e the conse7uences/
A few days $efore the a&&ointed time he orders drin' to $e made and he m go out on a $ig %shing e2&edition/ e &rocures also a &ig or two/ 0ith the and accom&anied $y a host of male relatives he sets out for the house that $een agreed u&on/ The &igs andReading drin' aand other things are de&osited i You're Preview convenient &lace near theUnlock house for it would $e im&olitic to dis&lay s full access with a free trial. &roofs of his willingness to yield/ Download With Free Trial
This is the &rocedure followed in more serious cases/ Cases of im&ortance which occur with great fre7uency are settled almost informall Master your semester with Scribd the following manner>
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0henOnly the$4.99/month. su$Mect under dis&ute is not of such a serious nature either in itsel Special offer for students: $y reason of aggravating circumstances li'e 7uarrels or violent language t
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noted that such violent actions are due often to the in*uence of drin' $ut not ta'e &lace more fre7uently than drun'en $rawls do in other &arts of world/
0hen the case in 7uestion is of such an involved and serious character as ma'e it dangerous for the accused one to enter the house he remains hidd till he ascertains how his relatives and friends are &rogressing/ "n other cases &ersonally attends and may argue in his own defense/ GENERAL FEATURES OF A GREATER ARBITRATION
The general features of the &rocedure are the following> The &olicy of aggrieved one and of his &arty is to maintain a loud menacing attitude and insist on a %ne three or four hundred times larger than they e2&ect to $e & The accused and his relatives 'ee& u& a %rm attitude not so %rm however to incense unduly their o&&onents and from the $eginning ma'e an o+er o &altry sum in &ayment/ You're Reading a Preview
Although every$ody at times may $rea' Unlock full access withinto a free the trial. discussion or all may ye the same time the ordinary &rocedure is to allow each one to s&ea' singly With Free and Trialassent $y such e2&ression to %nish what he has to say/Download The others listen corres&ond to our Wyes indeedW WtrueW etc/ whether they are in accord w the s&ea'ers o&inions or not/ These lengthy tal's are at least to an outsid Master your withasScribd mostsemester wearisome given they are in a dreary monotone they e2&lain Read Free Foron 30$ut Days Sign up to vote this title inordinate length of ar$itrations that may last forUseful several days/ & The New York Times Not useful Cancel anytime. Special offer for students: Only $4.99/month. The whole &arty is s7uatted on the *oor and ma'es use of grains of corn &ieces of wood or leaf of the $am$oo slats of the *oor of their %ngers a
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that of a Mury when in retirement/ Point after &oint is discussed similitudes a allegories are $rought u& $y each s&ea'er until after wearisome hours or the o&inion of each side has $een molded suEciently to $ring them i agreement/ "n one res&ect it di+ers from the Mury method in that loud sho and threats are made use of occasionally &roceeding either from na vehemence or from a deli$erate intention on one side to intimidate the othe
"t is not good form for the defendant to yield readily/ @n the contrary it i accordance with .anR$o custom and character to yield with reluct feigned if not real/ 0hen a small &ig is really considered a suEcient &aymen large one is demanded/ 0hen the &ig is received and is really in conformity w the contract defects are found in it11it is lean or sic' or short or light in weig in a word it is de&reciated in one way or another/ The giver on the contra e2aggerates its value descants on its sie length form and weight tells of e2or$itant &rice he &aid for it reminds the receiver of the diEculty of &rocu &igs at this season and in general manifests his reluctance to &art with it/
"t must not $e su&&osed that suchReading actionsa and statements are $elieved at on You're Preview @n the contrary it is only Unlock afterfulllengthy tal's on each side that o&inions access with a free trial. formed an agreement entered into a contract is drawn u& or re&arat WithMurymen/ Free Trial made/ "t is the identical caseDownload of stu$$orn
"n the settlement of these dis&utes much de&ends u&on the gli$ness of ton Master your with Scribd and semester on the sagacity of one or more of the &rinci&al men/ For wereit not Read Free Foron 30this Days Sign up to vote title their s'ill in understanding the intricacies of the su$Mect and in sidetrac' & The New York Times Useful Not useful Cancel anytime. irrelevant claims the dis&utes would $e im&ossi$le of satisfactory arrangem Special offer for students: Only $4.99/month. This will $e understood more readily if it is $orne in mind that outside of
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sagacity and &erha&s their relationshi& with the res&ective contestants t dis&ose of such side issues and $ring a$out an amica$le and satisfa settlement/
"t is customary for the one who loses to regale the assem$ly with a good m "n .anR$o1land this latter is the great solace for all ills and the source of friendshi&/ So when the 7uestion under dis&ute has $een settled the one lost sends out and gets the &ig and drin' that have $een $rought for t &ur&ose/ 0hen &re&ared the food is set out on the *oor the guests distri$uted in due order and then $egins one of those meals that must witnessed in order to $e understood/ @ne feature of this feast is that the t former adversaries are seated together and vie with each other in reci&roca food and drin'/ As they warm u& under the in*uence of the li7uor they l large masses of food into each others mouths each with an arm around others nec'/
U&on the following day or &erha&s that same day the winner of the c reci&rocates with another $an7uet/ 0hen that is %nished the other &arty m You're Reading a Preview give another $an7uet andUnlock so they may continue if their means &ermit full access with a free trial. many days/ Download With Free Trial
&II. DETERMINATION OF "UILT
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The usual and natural method of determining the guilt of the accus
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BY OATHS
@rdinarily no oath is administered nor any other formal means ado&ted ma'e certain that the accused or the witnesses will tell the truth $ut there &ractice which is sometimes followed whenever the veracity of anyon dou$ted/ This is called tR1tung or $urning of the wa2 a ceremony that may used not only with witnesses $ut with anyone from whom it is desired to fo the truth/ The ceremony consists in $urning a &iece of $eeswa2 in the &rese of the &arty to $e 7uestioned/ This signi%es that if he does not answer truthf his $ody $y some &rocess of sym&athetic magic will $e $urned in a sim manner/ After ma'ing his statement and while the wa2 is $eing $urned e2&resses the desire that his $ody may $urn and $e melted li'e the wa2 if statement is untrue/ This is another e2am&le of the &ervading $eli sym&athetic magic/ BY THE TESTIMONY OF THE ACCUSED
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fullcome access with a free trial. "n the various instances thatUnlock have under o$servation the guilty one a rule vigorously denied his guilt until confronted in &u$lic assem$ly $y Download With Free Trial accusers so that Mudge that custom does not re7uire him to ma'e a s accusation until that time/ ?ut when duly confronted with witnesses he nea always admits his guilt/
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the inMured &arty would $e Musti%ed in in*icting in
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Compilation of Agusanon Manobo Customary Laws a Secondary Research
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Wild Stones, Spiritual
Burocracy and Indigenous
11.30.2015 Trial Judgment
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The tests made to determine the innocence or guilt of a &erson are threefo (3) the hot1water ordeal (9) the diving ordeal and (8) the candle ordeal/
The hot#water ordeal" A $rass an'let armlet or similar metal o$Mect is &ut $oiling water in one of the iron &ans so common throughout the AgQsan a The sus&ected &arty or &arties is then called u&on to insert a hand into water and to remove the o$Mect that has $een &laced at the $ottom of shallow &an/
The di$ing ordeal" The $elief in its eEcacy is strong and wides&read/ o&eration consists in a trial $etween the &arties under sus&icion as to length of time they can remain under water/ Two at a time undergo the t The one that retains his head under water longer is declared innocent for time $eing $ut has to undergo the test with each one of the sus&ected &art This method seems im&ossi$le as a %nal &roof $ut such is the &rocedure descri$ed to me on the u&&er TVgo ,iver/ You're Reading a Preview
Another and more commonUnlock method is a simultaneous trial $y all the accus full access with a free trial. At a given signal they su$merge their heads/ The one that %rst raises his fr the water is declared guilty/ Download With Free Trial
The candle ordeal/ Among the Christianied .anR$os of the la'e region it w Master your semester Scribd found the $elief in with the eEcacy of the candle ordeal for determining the guil Read Free Foron 30this Days Sign up to vote title one of theTimes sus&ected &arties/ Candles of the same sie are made and are giv & The New York Useful Not useful Cancel anytime. to theOnly sus&ects one to each of them/ They are then stuc' to the *oor and li Special offer for students: $4.99/month. the same time/ The contestants have the right to 'ee& them erect and
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Compilation of Agusanon Manobo Customary Laws a Secondary Research
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Wild Stones, Spiritual
Burocracy and Indigenous
11.30.2015 Trial Judgment
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other traces of a mans &resence are carefully e2amined/ "n fact as a gathe of testimony even of the most insigni%cant 'ind the .anR$o is &eerless< h &atient ceaseless and thorough/ This is due no dou$t to his caut sus&icious nature and to that s&irit of revenge that never smolders/ e m wait for years until the sus&icion seems to have died out when one %ne day hears a rumor that con%rms his sus&icions and the *ame of contention $u forth/ @ne $y one the successive $earers of the incriminating rumor 7uestioned in o&en meeting until the truth of it is ascertained and the gu one $rought to Mustice/
&III. ENFORCEMENT OF THE SENTENCE
The sentence having $een agreed to $y the consensus of o&inion of $oth sid and the defendant having manifested his concurrence therein a time is set the &ayment/ 0hen the o+ense is of a very serious character &artial &aymen made at once the o$Mect $eing to mollify the feelings of the enraged &lain This &ayment ordinarily consists a wea&on $elonging either to the defend You'reof Reading a Preview himself or to one of his relatives $ut in urgent cases it might $e a human $e Unlock full access with a free trial. as a relative for instance/ Download With Free Trial
The whole &ayment or com&ensation is not e2acted at once $ut a suita length of time for the com&letion of it is always agreed u&on/ The defend receives a stri& of rattan a num$er of 'nots and is at times made Master your semester withwith Scribd to ta Read Free Foron 30this Days Sign up to vote title the wa21$urning oath/
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is conduct on these occasions is a&&arently su$missive for he does not w
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Compilation of Agusanon Manobo Customary Laws a Secondary Research
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Wild Stones, Spiritual
Burocracy and Indigenous
11.30.2015 Trial Judgment
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second trial will only serve to e2as&erate his o&&onent and arm &u$lic o&in against him he ful%ls his o$ligations faithfully/
I$. IMPORTANCE OF ANCESTRAL LAND TO THE MANO%O
:?anwa; or K%utang &inag#i%ahan sa tribu' or the ancestral land is im&ortant to them $ecause it is from their ancestors< it is :where they were $y their ancestors and that they own it since time immemorial; as em&hasi $y Datu Una a tri$al leader in Las -ieves Agusan Del -orte/
They &rotect their land $ecause they are inde$ted to the Mother ature as &rovider for their needs/ All they need> water food shelter and medicine w all given and &rovided for them from the land itself/ Thus the land is their the source of their life/
The Land (Pasa') H material $ase for the e2istence of .ano$oJ"PsJ"CCs $ecau a/ Source of food (andJor income in modern times)< You're Reading a Preview $/ Place of worshi& $urial ritual etc/ $elief that Mgbabaa (od) Unlock land full access a free $lessed human 'ind with forwith use $ytrial. every$ody not $y selected f (e7ual rights) Download With Free Trial
Any &erson not mem$er of their tri$e a foreign in their land must res&ect t tradition and culture and must as' for their &ermission $efore entering th Master your semester with Scribd territory/
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$. LAND DISPUTE RESOLUTION OF MANO%O
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Compilation of Agusanon Manobo Customary Laws a Secondary Research
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Burocracy and Indigenous
11.30.2015 Trial Judgment
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a/ Traditional ?oundary Settlement H in coordination with the -a Community of "ndigenous Peo&le (-C"P) *" ?y discovering the overla& of $oundaries +" ?y agreement ," ?y %naliing the agreement through writing or : -asulatan!" III. MA'OR O%SER&ATIONS
The indigenous &eo&les &articularly the agusanon mano$oGs &ract and customs are environmentally friendly/
Conce&t of &ro&erty rights is connected to their ancestral landJdomai
Ancestral landJ :utang 'a$ilin; is very im&ortant to the agusa .ano$o/
The conce&t of ar$itration and settlement is very strong in their cultur
Decisions of Dutus are aided $y the Council of lders although You're Reading a Preview council of elders are more in*uential in times of trou$le than in time Unlock full access with a free trial. &eace/ Download With Free Trial
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Burocracy and Indigenous
11.30.2015 Trial Judgment
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RECOMMENDATIONS
"t is recommended that further research $e done on the custom You're Reading a Preview laws of agusanon .ano$o and it is suggested that the study solely fo Unlock full access with a free trial. on one customary law such as on Agusanon .ano$osG governance or how they settle territorial dis&utes how it can interface into Download With and Free Trial mainstream legal system/ The culture of indigenous &eo&les &articul that of the Agusanon .ano$o is so rich/
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mainstream legal system have lost connection with the way our ancest
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Wild Stones, Spiritual
Burocracy and Indigenous
11.30.2015 Trial Judgment
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a way to interface customary laws and &ractices to mainstream le system/
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