In case a man steals from his cousin, who is married, restitution is usually demanded, together with half the usual fine, which half goes to the cousin’s spouse—not to himself. Insults on the part of one cousin to another are rare and are more rarely prosecuted.
88. Rank and standing in the community.—This is probably the greatest single factor in determining the severity of punishment in cases where a crime is punishable by fine. But the aggressiveness and the war footing of the two parties to the controversy enter even here to an astounding degree.
In the Kiangan-Maggok area, there are three grades of fines—the highest for the punishment of crimes of one kadangyang or rich man, against another; a medium grade for crimes of persons of the tumok, or middle class, against each other; and a third and lowest grade for the nawatwat, the poverty stricken.[2] Each lower grade of fine is a little more than half the next higher one.
In the Kababuyan area, there are five grades of fines—one for the very rich, one for the fairly rich, one for the middle class, one for the poor, one for the poverty stricken. In Sapao and in Asin, there are four grades.
So long as both offender and offended are of the same class, there is no trouble about determining the fine proper in a given case. But when they are of different classes, the case is not so simple, and the factors of fighting strength and personality enter.
Suppose that R, a rich man, commits adultery against P, a poor man. P sends a go-between to demand the highest grade of fine for this crime—that is, the grade which kadangyang pay. R does not deny the crime, but states that he considers the payment of the fine that is due one rich man from another preposterous. He states that he is willing to pay the fine proper to the poorer class. To this P replies that he did not begin this action for the purpose of getting money, but for the purpose of so punishing R as to make a repetition of the crime improbable. There are three possible endings in such a case:
(a) P’s kin represent to him that they cannot afford to have war with R; that R’s people hold a lot of debts over their heads; that should R prove obdurate, and should the affair end in a lance throwing, R’s people would wipe them off the earth. They advise P to be satisfied with the lowest grade of fine. He agrees.
(b) P and R compromise on the grade of fine that is midway between their stations; that is, the fine of the middle class. In Kiangan this is the usual settlement.
(c) P shows such bungot (wrath and ferocity) that R’s kin advise him to pay the larger fine. They point out that the fine is a small matter as compared with the loss of life, and state that there is no telling what this poverty-stricken but rampant dog will do. This settlement is not uncommon in the Kiangan area, where the poor people have a great deal of pride and bravery, but rare in other parts of Ifugao.
Aside from other matters, the diplomacy and tact of the go-between would have a great deal to do toward determining which of these contingencies would result.