Contents - Ifugao Law / (In American Archaeology and Ethnology, Vol. 15, No. 1) - 2 - Roy Franklin Barton

Contents

Page

[The Ifugaos] 8

[Sources of Ifugao law and its present status of development] 11

1. [Relation of taboo to law] 11
2. [Scope of customary law] 14
3. [Connection of law and religion] 14
4. [General principles of the Ifugao legal system] 14
5. [Stage of development of Ifugao law] 16

[The Family Law]

6. [Polygamy] 17
7. [Nature of marriage] 17
8. [Eligibility to marriage] 18
9. [The two ways in which marriage may be brought about] 18
10. [Contract marriage] 19
11. [Marriage ceremonials] 21
12. [Gifts to the kin of the bride: hakba] 22
13. [Obligations incurred by those who enter into a marriage contract] 24
14. [The binawit relation] 25
15. [Property rights acquired by marriage] 26

[Remarriage of the widowed] 27

16. [The gibu payment to terminate marriage] 27

17. [Divorce because of necessity] 30
18. [Divorce for mutual benefit] 30
19. [Divorce which may be demanded by either party] 30
20. [Cases where divorce may be demanded by one party or the other] 31
21. [The hudhud, or payment for mental anguish] 32
22. [Divorce ceremonies] 33
23. [Property settlements in case of divorce] 33

[Dependents in relation to family law] 34

24. [Adopted children] 34
25. [Servants] 34
26. [Slaves] 35

[Illegitimate children] 36

27. [Definition of illegitimacy; its frequency] 36
28. [Obligations of father to bastard child] 36
29. [Determination of parentage] 37

[Reciprocal obligation of parents and their children] 37

30. [Duties of parents to children] 37
31. [Obligations of children to parents] 38

[The Property Law]

[The kinds of property] 39

32. [The Ifugao’s classification of properties] 39

[Family property] 39

33. [The Ifugao attitude toward family property] 39
34. [Rice lands] 40
35. [Forest lands] 40
36. [Heirlooms] 40
37. [Sale of family property] 41

[Personal property] 41

38. [Definition] 41
39. [Houses] 41
40. [Valuable trees] 41

[Perpetual tenure] 42

41. [Rice and forest lands] 42
42. [“Homesteading”] 43
43. [Paghok, or landmarks] 43
44. [Right of way through property owned by others] 43

[Transient tenure] 43

45. [Tenure of sweet potato fields] 43

[Transfers of property for a consideration] 44

46. [The balal] 44
47. [Sales of family property] 45
48. [Responsibility of seller after property has left his hands] 49

[Transfers of property arising from family relationships] 50

49. [Methods of transfer] 50
50. [Assignment and transfer of property during the lifetime of the owner] 50
51. [Inheritance] 50
52. [The passing of property between relatives because of relationship] 50
53. [The law of primogeniture] 51
54. [The passing of property to legitimate sons and daughters by assignment or inheritance] 51
55. [The passing of property to other relatives] 51
56. [Property rights of bastards] 52
57. [Transfers of property to adopted children] 53
58. [Servants and slaves as inheritors] 54
59. [Wills and testaments] 54

[Settlements of debts of the aged and deceased] 55

60. [When the debtor has children] 55
61. [When the debtor is childless but leaves a spouse] 55
62. [Debts for which the kin of the deceased are held] 55
63. [Attitude toward debts] 56

[Borrowing and lending] 56

64. [Lupe, or interest] 56
65. [Patang, or interest paid in advance] 56
66. [Another form of patang] 57

[Go-betweens] 57

67. [The go-between] 57
68. [Responsibility of go-betweens] 57
69. [Conditions relieving a go-between of responsibility] 58
70. [Payment due those who find the body of one dead by violence] 58

[Contracts for the sale of property] 59

71. [On whom binding] 59

[Irrigation law] 59

72. [The law as to new fields] 59
73. [The law as to water] 60
74. [The law as to irrigation ditches] 60

75. [Nature and reckoning of fines] 61

[Circumstances which affect penalty] 63

76. [Moral turpitude not a factor] 63

[Penal responsibility] 63

77. [The nungolat, or principal] 63
78. [The tombok, or “thrower”] 64
79. [Iba’n di nungolat, “the companions of the one who was strong”] 64
80. [The montudol, “shower,” or informer] 64
81. [Servants who commit crimes at the bidding of their masters] 64
82. [Likelihood to punishment] 65
83. [Drunkenness and insanity in relation to criminal responsibility] 65
84. [The relation of intent to criminal responsibility] 65

[Other factors affecting liability] 66

85. [Alienship] 66
86. [Confession] 66
87. [Kinship] 67
88. [Rank and standing in the community] 67
89. [Importance of influential position and personality] 68
89a. [Cripples and unfortunates] 68

[The principal crimes and their frequency] 69

90. [List of offenses] 69

91. [The ayah or soul-stealing] 70
92. [Other forms of sorcery] 70
93. [Punishment of sorcery] 71

94. [Forms of adultery] 72
95. [Punishment of adultery] 73
96. [Sex in relation to punishment for adultery] 74

[The taking of life] 75

97. [General considerations] 75
98. [Executions justifiable by Ifugao law] 76
99. [Feuds] 77
100. [War] 77
101. [Head-taking] 78
102. [Hibul, or homicide] 78
103. [Attempts to murder] 79
104. [Wounding] 79
105. [Special liability of the givers of certain feasts] 79
106. [The labod, fine assessed for homicide] 81
107. [Accidental killing of animals] 82
108. [Malicious killing of animals] 83

[Putting another in the position of an accomplice] 83

109. [The tokom, or fine for compromising another] 83

110. [Of theft in general] 85
111. [Theft of rice from a granary] 86
112. [Theft of unharvested rice] 86
113. [Illegal confiscation] 86

114. [Fines assessed for goba or arson] 87

[Kidnapping] 87

115. [Circumstances under which kidnapping may occur] 87

116. [Rarity of such offenses] 88

117. [Both parties being unmarried] 88
118. [Rape of a married woman by an unmarried man] 89
119. [Rape of a married woman by a married man] 89

[Ma-hailyu, or minor offenses] 89

120. [False accusation] 89
121. [Baag or slander] 90
122. [Threats of violence] 90
123. [Insult] 90

[The family in relation to procedure] 92

124. [Family unity and coöperation] 92

[The monkalun or go-between] 94

125. [Nature of his duties] 94

126. [Litigants do not confront each other] 95

127. [Cases in which employed] 96
128. [The hot water ordeal] 96
129. [The hot-bolo ordeal] 97
130. [Alao, or duel] 97
131. [Trial by bultong or wrestling] 97
132. [The umpire and the decision] 99

[Execution of justice] 99

133. [Retaliation] 99
134. [Seizure of chattels] 100
135. [Seizure of rice fields] 102
136. [Enforced hospitality] 103
137. [Kidnapping or seizure of persons] 104
138. [Cases illustrating seizure and kidnapping] 104

[The paowa or truce] 107

139. [The usual sense of the term “paowa”] 107
140. [Another sense of the term “paowa”] 107

[Termination of controversies: peace-making] 108

141. [The hidit or religious aspects of peace-making] 108

[An inter-village law] 109

142. [Neutrality] 109

I. [Ifugao reckoning of relationship] 110
II. [Connection of religion with procedure] 110
III. [Parricide] 120
IV. [Concubinage among the Kalingas] 121

[Explanation of plates] 130