By Jesse Maguiya
Tabuk City, Kalinga — Mayor Darwin Estrañero recently convened a meeting with members of the Matagoan Bodong Consultative Council (MBCC) and esteemed elders, or pangats residing in the city.
The meeting aimed to review the present condition of customary law as detailed in the Itabuk Pagta and debate any required adjustments to ensure its continued relevance and efficacy in the modern era.
One of the key issues discussed was the absence of a clear and systematic process for initiating mediation, especially for accused individuals.
It was noted that in disputes between sub-tribes, relatives often bypass formal mediation channels and directly seek intervention from government officials, such as barangay chairpersons or police officers.
These officials, in turn, facilitate informal resolutions outside the Itabuk Pagta framework, effectively sidelining the MBCC’s role as the designated mediator.
This lack of coordination undermines the integrity of customary law and highlights the need for a more structured approach to dispute resolution.
Another major concern raised was the role of the MBCC in cases involving heinous crimes.
Both the Department of the Interior and Local Government (DILG) and the Department of Social Welfare and Development (DSWD) recommended that the MBCC refrain from intervening in drug-related offenses, murder, and rape cases, especially when minors are involved.
Such cases should be referred directly to the courts to ensure due process. In cases involving minors, the DSWD or the Child and Women’s Desk of the Philippine National Police should be the first point of referral.
It was also observed that in some instances, the victim’s family negotiate indemnity with the accused.
Once compensation is received, they often believe the case is resolved, leading to the misconception that the suspect should be released.
This practice overlooks the distinction between civil and criminal liability, underscoring the need for adherence to legal procedures in serious offenses.
Mayor Estrañero emphasized the importance of determining fault in vehicular accidents, especially when the injured party is the violator of traffic rules.
He cited cases where vehicle owners unfairly bear the medical expenses of individuals responsible for accidents, such as those driving under the influence of alcohol.
The mayor stressed that a driver whose vehicle was hit by an intoxicated motorist should not be obligated to cover the hospital bills or expenses of the responsible party.
According to Engr. Andres Ngao-I, MBCC Chairman, the Itabuk Pagta already specifies fault determination as a primary consideration before any financial settlements are made in vehicular accidents.
However, it was noted that, in practice, individuals not at fault often voluntarily contribute to the expenses incurred by the guilty party, sometimes out of concern for their safety, fearing potential retaliation or conflict.
The discussions underscored the importance of refining the Itabuk Pagta to align with legal frameworks, while also preserving the cultural significance of customary law and respecting community’s cultural diversity which includes non-binodngan.
By implementing clearer mediation processes, reinforcing legal accountability for serious crimes, and ensuring fairness in accident cases, the MBCC and city officials aim to enhance justice and order in the community, while honoring the diverse cultural practices and values that define local society.
After the meeting, Mayor Estrañero called on the Bodong Task Force to convene and develop an outline for revisions to the Itabuk Pagta. The proposed changes, including possible amendments, repeals, revisions, or new legislative reforms, will be based on the feedback from the meeting.
In response, the MBCC is set to draft a letter inviting all Bodong Holders to a scheduled Bodong Congress, which will coincide with the Matagoan Festival.
During this Congress, proposed amendments and revisions to the Itabuk Pagta will be presented. Once the revised Itabuk Pagta is finalized, the Bodong Task Force will implement an Information, Education, and Communication (IEC) campaign across all barangays in Tabuk City to ensure community-wide understanding and support for the new provisions.
