Another reason why what we consider moral turpitude does not enter into punishment is that treachery, ambush, and accomplishment by superior force are the rule, not only in commission of crime, but also in perfectly legal capital executions and seizures of property.

Penal Responsibility

As between principals and their accomplices and accessories, Ifugao law recognizes only gradations in likelihood of punishment. The penalty is the same for all of them; but very frequently the offense is considered as having been expiated by the punishment of those whose responsibility for it is greatest, and the rest go free.

77. The nungolat, or principal.—The nungolat (he who was strong) is the conceiver, planner, and director of an offense. He may or may not take an active part in its commission. Whether or not he does so, he is considered to be responsible for it in the highest degree. He is, of all who take part in the offense, the most likely to be punished.

The following example, continued through several succeeding sections, shows the various degrees of criminal responsibility, and the corresponding degrees of likelihood of punishment:

A decides to avenge the death of a kinsman. He consequently calls a number of his kinsmen and proposes a war expedition to take the head of Z, an enemy concerned in the death of the murdered kinsman, in another village. They agree. A calls the family priests to his house to perform the necessary religious preliminaries to setting out on a head-hunting expedition. The ceremonies are performed, and the omen of the bile sac promises well. But, just before starting, some accident happens to A, which the priests attribute to the sorcery of the enemy. A consequently does not accompany the expedition. He is, notwithstanding, the nungolat, and is more likely to be the object of vengeance than any other, should the crime be accomplished.

78. The tombok, or “thrower.”—In offenses in which a spear is thrown, he who throws the effective spear is called the tombok. His responsibility for the crime is second to that of the nungolat, as is also his likelihood of being punished.

79. Iba’n di nungolat, the “companions of the one who was strong.”—Those who assist in the commission of a crime by reinforcing, accompanying, assisting, backing, giving aid and comfort to the committer thereof, or furnishing anything needful to the consummation of the crime incur the next lesser degree of criminal responsibility and of likelihood of being punished to those of the conceiver and committer of the crime.

80. The montudol, “shower,” or informer.—One who gives a person in the act of committing a crime information necessary to the successful carrying out of his intent, is guilty in the same degree as are persons of the preceding paragraph.