PILLARS OF THE KANKANAEY JUSTICE SYSTEM IN WESTERN MOUNTAIN PROVINCE
CLARO Q. ESOEN

ABSTRACT

The main objective of this study is to document the legal bases of the Northern Kankanaey Justice System, its pillars, the political structure that binds the pillars, the role and authority of the Council of Elders in enforcing the pillars, the manner and criteria of choosing or installing the Council of Elders, the steps or process of dispute settlements, the net trust ratings of respondents on the process as well as the types of rewards and punishments, the strengths, opportunities, threats and weaknesses of the indigenous aspects of the Kankanaey community justice system. The survey used was a descriptive and probing method. The study had seventy five (75) primary respondents equally distributed to each sample barangay of the five municipalities of Bauko, Besao, Sabangan, Sagada and Tadian, Mountain Province. Aside from these primary respondents were fifteen (15) secondary respondents who were interviewed for their insights, corroboration and clarification on the responses of the primary respondents. The data collection tool was a questionnaire constructed by the researcher. Quantified data were manually tabulated using frequency, percentages, rank and weighted average. The manually tabulated data were given to a computer programmer who subjected the data in an appropriate program and whose results helped the researcher in his analysis. Endorsements for the conduct of the study were secured from the Dean of the Graduate Studies, Baguio Central University; the Executive Dean and OIC President of the Mountain Province State Polytechnic College, and Provincial Director of the National Commission on Indigenous Peoples (NCIP) Mountain Province. Summary of reported crimes and statuses in the study area were secured from the Mountain Province Provincial Office of the Philippine National Police. The dap-ayan method of probing was voluntary and was based on the free prior informed consent of informants. The findings revealed that there are two sets of barangay-based leadership structures in the study area. One set of leadership structure is the elected and appointed barangay officials as mandated by Republic Act No. 3590 as amended or Revised Barrio Charter. The other set is the organic leadership structure which remained unregistered for it to gained formal recognition as mandated by the Republic Act No. 8371 and its Implementing Rules and Regulations. These two leadership structures do not however clash but instead complement each other in policing the pangbon and the barangay. The later, has its own oral sets of rules and manner of dispute settlements through arbitration and mediation. The main objective of dispute settlements is to bring back harmony, justice and peace and order in the community. The Council of Elders heavily relied on the customary traditions and strength of the voluntary sapata of disputants and witnesses in their court trials. Civil and criminal actions in the court of the Council of Elders remained undocumented. Consistency in the steps or process and consistency in awarding punishments and rewards is much desired for further study. Respondents perceived that any civil and criminal actions against syndicated or complicated crimes involving elements of the national security force, New People’s Army/Communist Party of the Philippines, crime syndicates, the Church, government instrumentalities, organized corporations and institutions are better left to the jurisdiction of the police, prosecution, the court, correction and prison which consist the four pillars of the criminal justice system in the Philippines. The community pillar, the fifth (5th), in the study area, is evolving. The physical dap-ay structures in the study area may not be as vibrant as in the past but the search on the doable indigenous knowledge, system and practices should continue. The incorporation of the indigenous aspects of the community justice System is much desired. Its legitimization contributes to the quest for peace and order, harmony, pursuit of rural development and change, and indigenization of the Philippines justice system.