GENERAL PRINCIPLES
THE PRINCIPLE OF MATERIAL SUBSTITUTION
The Manóbo system of law is still in its indefinite primitive stage. Its fundamental principles are involved in the retention, preservation, and devolution of property. Unlike the highly developed legal systems of the world, it tends, in general, to consider violations as civil, and not as criminal, wrongs. Hence upon due restitution, offered with good will, the great majority of transgressions upon another's rights are quickly condoned. In this it is far more humane than other systems that seek not only justice for the injured party but the corporal punishment of the wrongdoer.
RIGHT TO A FAIR HEARING
As far as my observation goes justice is administered on a patriarchal plan in a spirit of fairness and equality. Except in the case of flagrant public wrongs the transgressor is given a fair and impartial hearing, aided by the presence of his relatives and of others whom he may select or who may choose to attend the arbitration of the case. The presence of the relatives contributes in nearly every case an element of good will, and prevents the use of intimidation. It helps greatly to promote, and not to prevent, justice. It is the paramount factor in determining the defendant to yield, even when bad feeling has been aroused on each side, and when their desire for revenge and spirit of independence would naturally prompt them to have recourse to violent methods. Though the female relatives do not take formal part in the arbitration, yet in their own gentle way they exert a certain amount of influence for good.
SECURING THE DEFENDANT'S GOOD WILL
Because of the desire for revenge which the Manóbo inherits and the universal recognition of the revenge system in Manóboland, an appeal to good will in the settlement of matters is very important, and is a feature of every case of arbitration. I have attended many and many a Manóbo arbitration at which the wrongdoer, after being condemned by the consensus of opinion, was asked over and over whether he recognized his fault and whether he received the sentence with good will. In nearly every instance he replied that he did, and, as an evidence of his sincerity, procured, as soon as convenient, a pig and invited the assembly to a feast. On one occasion I acted as the judge in a case of rape committed by a Manóbo who had had frequent dealings with Christian Manóbos. At my urgent request his life was spared and a fine of 100 pesos was imposed upon him. After he had expressed his conformity with the sentence and his lack of ill feeling toward his accusers, I notified the chief of the other party of my intention to leave the settlement, whereupon he told me secretly that I had better wait as the defendant in the case would undoubtedly entertain the company with pork and potations. And so it happened, for the defendant procured a pig that must have been worth 15 pesos, and a supply of sugarcane wine that must have cost him a few more, expenditures that would not be deducted from the amount of his fine.