Effectiveness of Bodong As An Alternative Dispute
Effectiveness of Bodong As An Alternative Dispute
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1
Cagayan State University, Andrews Campus, Philippines
2
Philippine National Police Regional Command, RO-2, Philippines
Abstract Bodong, a peace pact, evolves from the On the other hand, it is inevitable that in some instances,
customs and traditions of the Kalingas. It discloses misunderstanding, conflict and even wars exists. These are
indigenous people’s cultural identity, heritage and integrity basically part and parcel of human realities. They are already
that were painstakingly developed with the passing of the intertwined in the fabric of human existence. Nevertheless,
time. This study investigated the effectiveness of bodong as in all societies, it is common for people to look for shared
an alternative dispute resolution that reflects the peace substantive norms to resolve problems, Lang-ay et.al.[1].
framework of the community in dealing with crimes and The preceding premises point to the significant role of
tribal-related offenses in the province of Kalinga, Philippines. alternative dispute resolution (ADR). According to
With 305 respondents composed of local officials, court Mnookin[2], ADR is a set of practices and techniques aimed
employees, law enforcers and tribal leaders, findings at permitting the resolution of disputes, basically legal in
significantly confirm bodong as an effective system of nature, outside the courts. It covers mediation, arbitration
enforcing peace because it does not in a way oppose to the and other informal processes by which disputes are resolved
realms of existing laws. Thus, for bodong system to in a neutral ground without formal adjudication. Shavel[3]
sustainably advance social security and economic stability of shares that when parties need to resolve disputes; they may
culturally diverse tribes, key stakeholders should constitute turn not only to trial before courts but also to alternative
bolder steps in coming up with success indicators on the dispute resolution. In ADR, a third party is involved who
intensive education campaign regarding the provisions of offers an opinion or communicates the information about
pagta not only to binodngans but also to non-binodngans. disputes to the disputants.
In the Northern Philippines, one of the provinces situated
Keywords Kalinga, Bodong, Binodngans, Pagta, in the Cordillera Administrative Region (CAR) that
Alternative Dispute Resolution embraces ADR in relation to the maintenance of peace and
order is the Kalinga province because of the presence and
practice of bodong. Most of the Kalingas (referring to people)
prefer to settle their differences through bodong rather than
1. Introduction to undergo the usual legal remedies and proceedings. Stark
and Skibbo[4] share that Bodong (peace pact) is a
Peace operates in the presence of social justice and in the well-codified system of custom of law that links villages and
absence of misunderstanding, conflict and war. It functions areas to one another through agreements that end tribal
for stability, orderliness and harmony in the society, Lang-ay conflicts, establishes peaceful areas for commerce and travel
et.al. [1]. Peace, in that case, is the ultimate necessity for the and ensures justice for crimes committed. In other words,
attainment of an authentic, holistic and sustainable bodong is a cultural necessity that aims to address and to
development. Without it, society disintegrates and arrest the tribal conflict between and among villages which
eventually leads to a certain state of ruination. Hence, no may hinder social and economic progress as these intervene
matter how diverse people may be in terms of socio-cultural in the healthy processes of intermarriage, trade and
orientations, they are duty bound to push straightforward the commerce.
dynamic efforts to keep on working fervently in the pursuit Bodong emerged from the customs and traditions of the
of peace and justice. Consequently, in a complex human Kalingas with a constitution and by-laws known as the pagta.
civilization, there is a pressing need for peace to serve as the The provisions of the pagta basically highlights the duties,
solid foundation so that solidarity becomes evident that rights and protection of members as well as the sanctions to
relatively spells out the common tract for inclusive growth crimes committed. The bodong holders (village leaders)
and genuine societal development. serve as peace makers when dispute arises and the
146 Effectiveness of Bodong as an Alternative Dispute Resolution: A Glimpse of Kalingas' Peace Framework
binodngan (member of the bodong) is duty-bound to comply the State, subject to the provisions of this Constitution and
with the set of rules and guidelines of the said practice. national development policies and programs, shall protect
According to Prill-Brett[5], in a study on Cordillera the rights of indigenous cultural communities to their
indigenous political institutions, bodong has essential steps cultures, traditions and ancestral lands to ensure their
to be followed religiously. First is the sipat. It is the economic, social, and cultural well-being, De Leon[9].
exchange of two objects of about equal value between two Moreover, the Republic Act 8371commonly known as
men who want to establish a peace pact. Second is the simsim, Indigenous Peoples Rights Act of 1997[10] supports the
a ritual that is done in the village of the initiator of the pact. advocacies of indigenous peace framework, multiculturalism
Grievances are discussed and announced to the public. Third and many movements with clear intentions to uphold cultural
is the lonok that refers to a large celebration in which the practice and life-centered traditions that influence everyone's
delegates of the other concerned village are invited. The desire in the attainment of a just and humane society.
issues are discussed, payment of indemnities is undertaken, Hence, these salient concepts prompted the researchers to
and provisions of the pagta are drawn up. Fourth step is the examine bodong system as alternative dispute resolution in
dolnat (to warm up). It is much like alonok where exchange Kalinga province. Specifically, it sought to determine the
of valuable gifts is done. level of effectiveness of bodong as assessed by the external
As years went by, the Kalingas decided to institutionalize and internal assessors in terms of the implementation of the
the practice of bodong so that the provisions as well as provisions reflected in the pagta such as declaration of
polices would become binding. Consequently, bodong principles and policies, rights and duties of binodngans, and
holders, binodngans and the local government authorities rights and responsibilities of the bodong holders. The
created the Matagoan Bodong Consultative Council. The researchers hypothesized that there is no significant
seat is located in Tabuk, Kalinga, the capital town (now a difference on the assessment of the groups of respondents
city) of the province. The institutionalization of bodong, regarding the effectiveness of bodong in the above cited
which is practiced by the Matagoan Bodong Consultative variables. Furthermore, the researchers determined the
Council (MBCC) through Executive Order 2011-01 issued problems encountered in the use of bodong as well as the
by the city mayor of Tabuk, formalized the merging of the degree of seriousness of the problems. The ultimate aim of
Municipal Bodong Council and Matagoan Consultative the study was to generate a baseline data as regards the
Body into one. Recent data of the Matagoan Bodong effectiveness of bodong for policy input and for the
Consultative Council[6] reveal that from January 1, 2001 to enhancement of the alternative dispute resolution in the
December 31, 2010, one hundred seventy eight (178) crime province vis-à-vis local governance and Kalinga peace
incidents were recorded by the council. Eighty three (83) framework.
were crimes against person, (4) were crimes against property
and ninety-nine (99) were violations of special laws and
other crimes. The statistics is as follows: (a) twenty- eight 2. Method
(28) murder cases and out of this figure, ten (10) were
homicide; (b) forty five (45) Physical Injuries; (c) four (4) 2.1. Participants
Robbery or Theft and (d) ninety-nine (99) other crimes both
on crime against person and violation of special laws. All the The 305 respondents of this study were drawn from two (2)
aforementioned cases were properly resolved and the major categories namely, the external and internal assessors.
suspects were all given due penalties as mandated in the There were 236 external assessors. They were the law
provision of the pagta. Although there was an increase in the enforcers of Kalinga province, the court employees of the
number of cases, most of these did not escalate into tribal regional trial court and the municipal trial courts/municipal
conflict. As an alternative justice system, bodong showcases circuit trial courts and the local chief executives. On the
the fundamental desire of the Kalingas to come up with other hand, there were 69 internal assessors composed of the
measure of providing harmony in their society based on their tribe/sub-tribe leaders of the province of Kalinga
customs that have been passed on conscientiously by their respectively. Of the total respondents, there were 228 males
ancestors, Heifer Philippines International[7]. and 77 females and the age ranged from 50 to 55. All
The practice of bodong in Kalinga is sanctioned by several external assessors are professionals and they hold positions
legal bases. United Nations Declaration of Human Rights in the government sector.
Article 27, Section 1 [8] encapsulates the momentous concept The officers and men of the Kalinga Police Provincial
of cultural integrity which gives everyone the relative Office comprised the first group of the external assessors
freedom to practice and to enjoy one's way of life without with a sample size of 185. They became part of the external
being suppressed and discriminated by others. It is a assessors because even though they may not be directly
fundamental right of the communities to actively participate involved in the peace-pact process, they are particularly
in the process of evolution, conservation, preservation, and involved in the solution of crimes and arrest of criminals
enrichment of cultural heritage and artistic traditions. through information gathering and sometimes mediation,
Furthermore, the Article 12, Section 5 and Article 14, which makes them as observers of the bodong practice.
Section 17 of the 1987 Philippine Constitution declare that The employees of the different branches of Municipal
Sociology and Anthropology 3(3): 145-152, 2015 147
Trial Courts and Regional Trial Court were the second group All the items were translated to Ilokano language since most
of external assessors with a sample size of 42. They were of the people in Kalinga use this as the lingua franca.
chosen as respondents because they could determine if
bodong really works in unclogging court records most 2.3. Procedure
especially in the binodngan areas covered by the Municipal
Trial Court or the Municipal Circuit Trial Courts of the The researchers forwarded the Prior and Informed
towns of Lubuagan, Pasil, Tanudan, Tinglayan and Balbalan. Consent to the officers and members of the Matagoan
The last group of the external assessors was the 9 local Bodong Consultative Council, Kalinga Police Provincial
chief executives that include the Provincial Governor, Mayor Office and the Regional/Municipal Trial Court before the
of each of the 7 municipalities and the mayor the lone city of start of the study. During the preliminary survey, the
Tabuk were. They are the chairpersons of the Peace and researchers personally explained the purposes of the study
Order Council in their own locality. They are responsible in to the participants.
the police intervention in their respective area and in Moreover, the researchers conducted a pre-test of the
monitoring the influence of bodong in the prevention and questionnaires in Pinukpuk, Kalinga, a neighboring town of
solution of crimes. Tabuk City. This was done to determine the flaws of the
The different sub-tribe elders in the Matagoan Bodong questions and to allow necessary changes before the official
Consultative Council were the internal assessors. They are data gathering. The researchers ensured that the participants
the binodngan groups responsible in conducting mediation during the pre-test were not the respondents of the study.
with the required participants or witnesses on both parties. To guarantee 100 percent retrieval, the researchers
They also lead in the early resolution of crimes or conflict personally floated the questionnaires considering the rugged
among sub-tribes and the imposition of penalty to the culprit. roads, distance connecting each municipality and the
For the group of law enforcers and court employees as availability of the respondents especially the sub-tribe
external assessors, the sample size of each group was leaders. The researchers conducted interviews to validate
determined using Slovin's formula with five percent (5%) the responses in the questionnaires. They also employed
margin of error whereas total enumeration was employed for documentary analysis to scrutinize the organizational
the internal assessors specifically the sub-tribe elders or records such as the pagta and the cases that were filed and
bodong holders as well as for the subgroup of external
resolved through the Bodong Council.
assessors referring to the local chief executives. The
stratified sampling technique was utilized to identify the
respondents for the groups of law enforcers and court
employees. This meant that the sample was drawn from the
4. Results
population that was proportionally generated from each The researchers used weighted mean to compute the
group or category. extent of effectiveness of Bodong and the degree of
seriousness of the problems encountered. Moreover, in order
2.2. Measures to determine the difference of the assessment of internal and
external assessors on the effectiveness of bodong, t-test was
A survey questionnaire was floated purposely to obtain
utilized.
responses on the extent of effectiveness of bodong as an
In terms of the effectiveness of bodong, it can be gleaned
alternative dispute resolution. The questionnaire has three (3)
from Table 1 that among the subgroups of the external
parts. Part I elicited information as regards the profile of the
assessors, the local chief executives gave the highest
respondents in terms of age, sex and position held. Part II
evaluation rating. In the implementation of the declaration
contained twenty-six items that were deduced from the
of principles and policies, rights and duties of the
provisions of the pagta and reflective of the specific
binodngans, and rights and responsibilities of the bodong
questions of the study. Ten items were made for the
holders, the weighted mean of the group was 3.84, 3.92 and
declaration of principles and policies. Eight items were
3.83 respectively. In general, the external assessors consider
indicated for the rights and duties of the binodngans and 8
bodong to be effective.
items were constructed for the rights and duties of the
bodong holders. The response format was a 5-point On the other hand, the internal assessors gave higher
Likert-type scale ranging from 1 (very ineffective) to 5 (very evaluation than the external assessors. The Table 2 shows
effective). Part III of the questionnaire consisted of 10 items that the internal assessors consider the implementation or
depicting probable problems encountered in the use of observance of the declaration of principles and policies, and
bodong. The response format was a 5-point Likert-type scale the rights and duties of the binodngans to be very effective
ranging from 1 (not at all a problem) to 5 (extremely serious). with the weighted mean of 4.25 and 4.2 respectively. For
[11]
The scale was adopted from Vagias ; however, few them, the rights and responsibilities of the bodong holders
modifications were done to suit to the context of the study. were observed effectively.
148 Effectiveness of Bodong as an Alternative Dispute Resolution: A Glimpse of Kalingas' Peace Framework
Table 1. Table showing the summary of the assessment of external assessors on the level of effectiveness of Bodong as an alternative dispute resolution
Weighted Mean of Adjectival
Variables Groups of External Assessors Weighted Mean
All the Groups Description
Law Enforcers 3.40
Declaration of
Principles and Court Employees 3.83 3.86 Effective
Policies
Local Chief Executives 4.34
Law Enforcers 3.37
Rights and Duties
Court Employees 4 3.92 Effective
of Binodngans
Local Chief Executives 4.4
Law Enforcers 3.43
Rights and Duties
of Bodong Court Employees 3.97 3.83 Effective
Holders
Local Chief Executives 4.1
Legend:
1.00-1.79 Very Ineffective (VI)
1.80-2.59 Ineffective (I)
2.60-3.39 Neither Ineffective nor Effective (N)
3.40-4.19 Effective (E)
4.20-5.00 Very Effective (VE)
Table 2. Table showing the summary of the assessment of internal assessors on the level of effectiveness of Bodong as an alternative dispute resolution
Table 3. Table showing the comparison on the assessment of external and internal assessors
Furthermore, results of the study bare the rejection of the bodong in terms of the observance of rights and duties of the
null hypothesis, which points out that there is significant binodngans reveals a computed t-value of 5.735 which is
difference on the assessment of the internal and external significant at 0.01. Corroborative to the data, the comparison
assessors on the effectiveness of bodong as alternative between the assessment of external and internal assessors on
dispute resolution. As clearly shown in Table 3, the the effectiveness of bodong in the observance of the rights
comparison between the assessment of external and internal and responsibilities of the bodong holders evidently shows
assessors on the effectiveness of the bodong in terms of the that the computed t-value of 5.702 is significant at 0.01.
observance of the declaration of principles and policies As regards the problems encountered, it can be gleaned
reveals that the computed t-value of 7.389 is significant at from Table 4 that the respondents consider the problems to
0.01. be “somewhat serious” with the over-all weighted mean of
Likewise, the comparison between the assessment of 3.25. Among the groups, only the court employees consider
external and internal assessors on the effectiveness of the the problems to be moderately serious with a weighted mean
Sociology and Anthropology 3(3): 145-152, 2015 149
of 3.52. It is striking to note that in terms of the individual because of the Kalingas’ desire to live in peace and social
ratings of all the groups of assessors, it discloses that with security that advances economic prosperity and social
moderate seriousness, some bodong holders and some stability. This might be achieved according to the people’s
binodngans are unaware of the guidelines and procedures concepts of wealth and well-being that they may develop and
which makes them disobedient to comply with the provisions preserve their very own cultural heritages. The findings
of the pagta, and they are unable to exercise the right and explored as cited above would in general lead to a
obligation to testify for or against another binodngan in cases confirmation that bodong plays a very significant role in
filed. terms of creating a favorable social image and cultural
practices. Kalinga bodong is a socio-cultural and economic
institution conceived and painstakingly developed through
5. Discussion the centuries out of a need for collective security which is the
In general, the external assessors consider bodong to be basis for binding viable communities. It points to the fact that
effective in terms of the observance of pagta whereas the in any attempt to make the community members be united, it
sub-tribe elders assess the bodong system to be very just requires cultural norms where people draw their humane
effective as Alternative Dispute Resolution (ADR) in identity, stable solidarity and functional mutuality,
Kalinga Province. Cariazo[12] imparts that bodong exists Bayedyed [13], Sugguiyao [14].
Moreover, bodong is seen by many people in Kalinga enforcement of bodong policies specifically in the
including those who are working in the government as implementation of its penalties since to be a bodong holder is
effective as it was perceived in the past. In the past, bodong not a formal conferment but a gained status and they are
was binding in spite of the reality that the constitution and chosen because they are competent in settling disputes. They
by-laws were not as extensive and comprehensive as they are command authority as heads of large extended family groups,
today. This manifests now the effectiveness of bodong in Aggalo[16], Calsiyao[17], Casal[18]. The bodong holders’
keeping the peace and order situation of the province of responsibilities and liabilities are weaved into the fabric of
Kalinga. In fact, in the study of Lang-ay et.al [1], they reveal the bodong system. They must do the tasks expected of them
that specifically, the police personnel strongly agreed on the without fear and reservation to avoid losing face, integrity,
integration of Kalinga indigenous law in the implementation and honor, and consequent family disagreement which will
of modern criminal law in Tabuk City. be carried from generation to generation, Sugguiyao[14].
In particular, binodngans practice their rights and duties However, there is a part of the practice of the binodngans
very effectively, as assessed by tribe and sub-tribe elders. in terms of their rights and duties which sub-tribe leaders
Actually, a policeman who is in the performance must pay attention to. This specifically refers to the
of his duty may not be liable to bodong on indemnity for a crime committed. This is clearly stipulated in
condition that there was no negligence on the the jurisdiction and discretion of the bodong authorities. This
performance of his duty and he has not finding implies that bodong leaders necessarily have to
committed violation of the human rights of the victim, rationalize the indemnities and ensure that imposing the
whether binodngan or non-binodngan. This finding supports indemnities against a crime committed should be in
the point cited by Philippine Information Agency (PIA) consonant with existing provisions of the Penal Code of the
Kalinga [15] that contrary to the notion that binodngan Republic of the Philippines. In this manner, the imposition of
policemen are ineffective because of their affiliation to the the sanction is constructive and just. This is to harmonize
customary practice, they actually discharge their duties with the laws of the land that are highly presumed to be
according to their mandate as state police. Thus, bodong is superior over other culturally related guidelines.
not an obstacle in the discharge of a policeman’s duty, it only Moreover, both the external and internal assessors
comes in to settle disputes if the involved parties accede to it. consider the observance of the rights and duties of the
The fact that they are from the place is an advantage since bodong holders to be effective. The findings strongly back
they are oriented on the collective consciousness of the up the point of Kalinga Provincial Peace and Order Council
people. Resolution 003 series of 2002[19] that cites a resolution
It is also evident that external assessors specifically the requesting all tribal related crimes in the urban barangays of
local chief executives perceived the bodong to be very Tabuk, Kalinga Matagoan Zone, particularly in the
effective in imposing to the binodngans the practice or barangays of Bulanao, Appas, Magsaysay, Dagupan West
adherence of the following rights and duties as stipulated for and Casigayan in the application of Section 1 Article 11 of
in the pagta such as: (a) no binodngan is held liable to the proto pagta which aims to solicit the active involvement
answer for an offense without due process as specified for in of the council of elders in mediating between the warring
the provision of the pagta;(b) when a case, through the tribes. It emphasizes the role of the council of elders as
initiative of the parties involved has been settled amicably, leaders of their respective tribes and to promote strict
said settlement is valid and binding and the case is deemed adherence to bodong. With these, the PPOC- RPOC
finally closed;(c) a binodngan has the right and obligation to expected to come with peaceful settlement of tribal conflicts,
testify for or against another in every case, and (d) better relationship among the different tribes and strict
binodngans will not take it against a police man who in the subscription to the Bodong system by the indigenous system
performance of his duty may not be liable to bodong on tribes of Cordillera.
condition that there was no negligence on the performance of Furthermore, there is significant difference on the
his duty and he has not committed violation of the human comparison between the assessment of external and internal
rights of the victim or binodngans or non-binodngan. assessors on the effectiveness of the bodong as alternative
As per assessment of sub-tribe leaders and elders, bodong dispute resolution with respect to the variables. This simply
is effective in the observance bodong holders’ rights and means that the responses of the two groups differ, with the
compliance with their duties or responsibilities as it is tribal leaders giving a higher level of assessment than the
deemed manifestation of their being legitimate members of external assessors. This idea is attributed to the fact that
the binodngan community and as specified for in the pagta. bodong is an internal mechanism which has been proven as
This is affirmed by the external assessors who see bodong to effective among immediate constituents in Kalinga province.
be effective in terms of protecting the rights and privileges of The finding proves that sub-tribe elders still demonstrate a
the bodong holders. This finding bears out the claims that deep sense of ownership of their practice because they are
bodong is religiously subscribed to by the peace pact holders straightforwardly involved. Besides, the external assessors
especially in exhibiting their intense desire to settle in the are not direct participants of the peace pact rituals and
most peaceful means the case that they are handling. Peace processes. Nevertheless, they are somewhat aware of the ins
pact holders assume an immense responsibility in the and outs of the bodong based on their observations and
Sociology and Anthropology 3(3): 145-152, 2015 151
testimonies. Moreover, they are oriented on the legal aspects facilitates in the promotion of common good, security and
of crime resolution which may be different from the aspirations of the people both for the binodngans and
principles of bodong. non-binodngans.
As regards problems encountered in the use of bodong, in
general, the respondents consider them to be somewhat
serious. However, it can be noted that some bodong holders
and some binodngans, with moderate seriousness, are
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