PENALTIES FOR MINOR OFFENSES

Minor offenses such as stealing, slandering, failure to pay debts, deception that causes material damage to another, loss or damage to another's property, the lesser violations of sexual propriety, disrespect to another's property, etc., are punishable by fines that must be determined by the assembled relatives of the two parties. I have never been able to find the least trace of any definite system of fines. In the determination of them for the more serious of offenses (adultery, wanton killing, etc.), the equivalent of a human life, 15 or 30 pesos, is the basis of the calculation. In the case of minor offenses, however, lesser quantities are determined upon after a lengthy discussion of the subject by the respective relatives of the parties involved.

CUSTOMARY PROCEDURE

PRELIMINARIES TO ARBITRATION

The aggrieved party, upon hearing of the offense and after making many futile efforts to come to an agreement, consults with his relatives, when, after being assured of their cooperation he begins to issue threats, all of which reach the ear of his opponent. At first the latter probably is not disturbed by these, but, as they begin to pour in from all sources, he makes up his mind either to face his opponent in person, if the affair has not gone too far, or to look around for a friendly chief or other person of influence and sagacity to mediate. All this time new rumors of his enemy's anger and determination to appeal to arms reach him, but he must not display cowardice, neither must his opponent openly seek arbitration, for such an action would bespeak fear on both sides. So, on the part of the aggrieved one, there is menace, revenge, and a pretense at least not to be amenable to peaceable measures. On the part of the other, there must be no display of fear, no hurry to arbitrate, and a general indifference, at least simulated, as to the outcome. If the offending party answers threat by threat, his opponent may become incensed and hostilities may break out, as happens in other parts of the world.

In the meantime neighboring chiefs and influential people are throwing the weight of their opinions in favor of peace and if they prevail one or more of them are requested to assist in the final settlement, definite emolument sometimes being promised, especially when either of the contending parties is very anxious to have the matter settled.

It is the duty now of the mediating chiefs or other persons to bring the parties together. This they do either by inviting the contestants to a neutral house or by persuading one of them to invite the other to his house.

It may happen that the aggrieved party, instead of following this procedure, precipitates a settlement by sending a fighting bolo or a dagger or a lance to his opponent. This is an ultimatum. If the weapon is retained it means hostilities. If it is returned, it denotes a willingness to submit the matter to arbitration. But the one who receives the weapon probably will not return it at once as he desires to disguise, in the presence of his opponent's emissary, the bearer of the ultimatum, any eagerness he may feel for arbitration. Once having decided that he will submit the matter to arbitration or that he will yield, he announces to the messenger that he will visit his opponent within a specified period and talk matters over and that he is willing to have the affair settled but that his relatives are unwilling. If a bolo or other such object has been sent to him he returns it, for to retain it would signify his unwillingness to submit and his readiness to take the consequences.