Prior to the establishment of the Philippine Constitution, the indigenous communities in ancient Benguet already have their own means of conflict resolution. This method, known as tongtongan, is a traditional approach aimed at resolving disputes among community members in a peaceful manner. Essentially functioning as a local court, this practice involves open communication in the presence of esteemed elders. Through the guidance of these experienced individuals, tongtongan facilitates a structured dialogue, fostering understanding and paving the way for amicable settlement.
According to a research conducted by Sendy Buyao, a Bachelor of Science in Development Communication graduate, tongtongan used to function as an arbitration body—an informal and advisory system shared among various Igorot communities. Malanes further noted that in historical contexts, tongtongan‘s role encompassed addressing a wide range of issues, including misbehavior, marital conflicts, land disputes, abuse, rape, murder, and other concerns, all managed by the elders (Malanes, 2000).
The Phases of Tongtongan
Based on the results of the study, the tongtongan is composed of four key elements: elders, perpetrator/s, victim/s, and witnesses. Both parties who are involved in a dispute need to summon elders in the community to a venue they both agreed upon. The date would also depend on everyone’s convenience. The perpetrator/s and the victim/s verbally explain and defend themselves in front of the elders and witnesses. In instances of heated arguments, the elders and witnesses may intervene.
In some cases, tongtongan may need more than one session because both parties failed to meet in the middle or a dispute won’t settle. Tongtongan session will be held again until a common ground is formed. The elders may decide for both parties and suggest alternatives for the purpose of amicable settlement. However, a dispute cannot be closed if one party will oppose the suggested remedies.
In the study, tongtongan is aimed to facilitate avenue where elders suggest ways to make peace, to bring people together through community dialogues.
The Barangay Justice System
The Barangay Justice System, established as an alternative for resolving disputes in the Philippines, originated in 1978 with the implementation of Presidential Decree (PD) 1508 by the late President Ferdinand Marcos Sr. Its authority was later expanded and consolidated through the passage of Republic Act (RA) 7160 or the 1991 Local Government Code. This legal framework, as highlighted by Vigo and Manuel (2004), not only aimed to alleviate the issue of too many cases in courts. but also sought to address the unequal access to justice experienced by various communities. It offers a friendly, affordable, and quick way to settle disputes. It provides a forum where both parties can openly discuss and find solutions without going to court.
This system composes the Lupong Tagapamayapa or the Barangay Peace Council, an administrative body established by law under the LGC 1991, Chapter 7, Section 399. As per this regulation, each barangay is mandated to have a Lupong Tagapamayapa, consisting of the Punong Barangay (Barangay Chairman) and at least 10 members. The members are selected by the Barangay Chairman through appointment, with confirmation by the barangay secretary to put the barangay justice system into action.
Panelo (2013) explains that the Lupon has four main tasks: supervising conciliation panels, organizing monthly meetings for members to discuss ideas and share experiences about resolving disputes, carrying out other duties as required by law or rules, and handling the removal of a Lupon member.
The enactment of the latter legal procedure formalized the tongtongan indigenous communication practice. With their coexistence, the katarungang pambarangay aims to bridge the lapses of tradition through legalizing all the procedures of the tongtongan, with the same goal of effectively and peacefully solving disputes through communication in the barangay level.
Tongtongan ed Bakun
Lina Mandate, Barangay Secretary of Poblacion, Bakun as stated by Buyao’s study in 2022 stated that tongtongan or ngalngalatan is an indigenous system that espouses internal arrangement in conflict-resolution. The elders or so called Lupon Members play a great role in the decision-making and intercession for the purpose of settlement of conflicts. In Bakun at least, most concerns resolved are land disputes.
The same author explained that community members of Poblacion, Bakun are respecting the decisions made in the tongtongan. The Lupon’s involvement in the decision-making are essential in facilitating respect among the parties involved. Right to make final decisions about their disputes or problems. The venue of the tongtongan depends on the disputing parties but it is mostly done privately in their house.
The tongtongan arbitration system played a great role in the involvement of communities in the strengthening of peace and order. Malanes(2000) stated that because of the latter, a proposed entry of a mining company in Bakun created conflict within the community was immediately resolved. It shows how community interests influence the decision-making on the part of the elders
Walking the Tongtongan Bridge
From the same study, Lupon members of Barangay Poblacion, Bakun, Benguet had handled different type of cases (in the tongtongan). The cases brought to them were not only simple cases but also complex cases. Simple cases were the disputes on slight physical injuries, theft, verbal threat and others. Land dispute and marital disputes are complex cases but depending on the severity of the dispute. These scenarios justify that tongtongan plays a great role in maintaining peace and order in a community and that it is possible for disputes to be settled peacefully.
In the current legal system, tongtongan follows the rules of RA 7160, which aims to make court proceedings less costly and complicated. By aligning with this law, tongtongan wants to help reduce the financial and procedural burdens people face in the legal process. The goal is to create a fair and efficient legal system that is accessible to everyone.
In essence, the coexistence of the tongtongan and RA 7160 reflects the Bakun’s dynamic approach to dispute resolution, incorporating both traditional and modern elements. This intersection emphasizes the importance of preserving cultural practices while adapting to evolving legal frameworks, creating a unique blend that seeks to foster harmony and justice within local communities. This harmonious process is not only practiced in Bakun alone but throughout the rest of Benguet as well.
References:
Anno, F. A. (2008). Of Sintako, Tongtongan, Begnas, and Papatayan: The Bago Igorot and the New World. September 2008. Retrieved from https://www.academia.edu/8117867/
Buyao, S. A. (2022, June). Tongtongan: A Communication Practice in Resolving Disputes by the Lupong Tagapamayapa in Barangay Poblacion, Bakun, Benguet. Undergraduate thesis, Benguet State University, La Trinidad, Benguet.
Malanes, M. (2000, November 16). Bakun: It takes a mountain village. Inquirer. Retrieved from www.travelsmart.net
Republic of the Philippines. (1991). Republic Act No. 7160: An Act Providing for a Local Government Code of 1991. Retrieved November 14, 2021, from www.officialgazzete.gov.ph
