103. Attempts to murder.—An attempt on the part of an enemy of another district on the life of a person is punishable by death. An attempt by one of the same district may or may not be punished by death; in most cases peace would be arranged by mutual friends and kinsmen. In such a case, he who made the attempt would be required to furnish animals for a peace feast.
104. Wounding.—Wounds inflicted accidentally and without intent or carelessness are not punished. In case the element of intent or carelessness be present, he who inflicts the wounds must furnish animals for sacrifice, pay the wounded man and his kin a fine, and stand the expense of a feast to make peace. The following is a typical list, for the kadangyang (wealthy)class, of the expenses of animals for sacrifice and fine:
(a) First feast for the recovery of the wounded man, sacrifices to the war deities: 3 pigs at 15 pesos; 10 chickens at 1 peso; total 55 pesos.
(b) Second feast for recovery, the pinochla, or feast to cure wounds and infections: 1 pig at 10 pesos; 2 chickens at 1 peso; 8 spear heads as fees of priests at 25c; total 14 pesos.
In case the wounded man lives, the following fine is paid him and his kin:
(c) Fine of two bakid (two tens) amounting to 72 pesos; fee of the monkalan, 10 pesos; total 82 pesos.
(d) Peace making ceremony: 1 pig at 15 pesos; other appurtenances of feast, 2 pesos; total 17 pesos.
105. Special liability of the givers of certain feasts.—The givers of uyauwe or hagabi feasts (glorified general welfare feasts to which great numbers of people come) are responsible for wounds or deaths that occur at these feasts. When a man decides to initiate himself and his wife into the ranks of the kadangyang by giving one of these feasts, he appoints one of the old priests of his family to perform the tikman ceremonies. These ceremonies are sacrifices to the various classes of deities whose special function is the “tying up” of men’s stomachs and passions. Prayers are addressed to these deities that a little food satisfy the guest that attends the feast, to the end that the giver be not eaten out of house and home; that a little rice wine suffice to intoxicate the people; that the passions of men be tied up to the end that no quarrels or frays occur; that no rice-wine jars or gongs be broken; that no accidents occur—in short, that the whole feast pass off smoothly. The duties of the manikam (the priest who performs these ceremonies) are rather arduous. To say nothing of the ceremonies he conducts, he must fast for a number of days and must observe a number of taboos. He receives rather a large fee for these services. And, indeed, their importance, in the eyes of the Ifugaos, and the legal responsibility he incurs, certainly justify a large fee.
The manikam priests are jointly responsible with the giver of the feast for accidents or violence that may occur. This liability of the giver of the feast for wounds or loss of life is based on the supposition that if he had not given the feast the wound would not have occurred; and possibly that he gave the feast with the motive of bringing about such an occurrence. The liability of the manikam is based on the supposition that there must have been a remissness on his part in his religious duties, else the accident or loss would never have occurred. The following is an actual instance that would indicate that this provision of the law is an incipient employer’s liability provision.
Malingan of Pindungan, many years ago, gathered together his kin and friends, performed the preliminary feasts, and went to Payauan to make a hagabi (lounging bench, the insignium of the kadangyang class). They made a very large hagabi that weighed nearly a ton. In helping to carry it across the river two men were carried downstream by the current and drowned. Demand was made on Malingan and the manikam of the feast for the labod fine (see [sec. 106]). It was paid, and that is the reason Malingan’s descendants are not wealthier today, for formerly Malingan was one of the wealthiest men of the district.