In a discussion between the City Social Welfare and Development Office (CSWDO) and Matagoan Bodong Consultative Council (MBCC) during the City Peace and Order Council (CPOC) meeting on January 13, 2025, CSWDO appealed to the MBCC to exclude rape cases from the list of cases being endorsed for amicable settlement.
According to CSWDO Officer III Vilma Palma, the CSWDO aims to safeguard victims’ rights and welfare. If charges are not filed or pursued following settlement through MBCC, there is a chance that the offender will commit the same crime again. “Haan tayo kuma nga i-tolerate,” Palma said.
Bodong is a peace pact or treaty used by the Kalinga people which plays a big role in resolving disputes, except heinous crimes like rape.
According to MBCC Chairman Engr. Andres Ngao-i, they are merely acting in accordance with the victims’ wishes to resolve the issue amicably as a final resort.
“Madi mi met ah kuma nga i-areglo ti rape cases,” he said, clarifying that the victims themselves request settlement and that they do not have a choice but to respect the victims’ decision. He added that only civil liabilities can be subject to settlement, the filing of charges may still be pursued in court depending on the victim, according to the laws of Bodong.
Victims, said Ngao-i, opt for settlement because they do not have any more strength to undergo the tedious process in court, not to mention the financial burden and the difficulty of technicalities of court proceedings.
MBCC agreed with the CSWDO that rape cases should not be settled. According to their report, there were no reported rape cases settled during the fourth quarter of last year.
City Mayor Darwin Estrañero has proposed a middle ground for both offices, urging the MBCC to refer rape victims to the CSWDO first for debriefing before any decision on settlement is made.
“Nu ngay before nga aregluin yu, you refer it to the CSWDO so that there will be discernment,” said the mayor, addressing Engr. Ngao-i. He emphasized that before a family decides to settle the matter amicably, CSWDO personnel will first discuss their rights.
The mayor further explained that the fiscal’s office will handle the matter because crimes like rape are offenses against the government. This implies that the family won’t have to pay for legal representation.
During the meeting, Atty. Jonah Canindo from the Legal Office reaffirmed that serious crimes like rape cannot be resolved in private. Since these crimes implicate the public interest and the state’s duty to punish them, they are considered non-compoundable.
City Legal Officer Atty. Arthur Kub-ao Sr., moved for the crafting of a resolution providing that in heinous crimes like rape cases and those covered by special laws, there should be a mandatory and compulsory intervention of the CSWDO before the same can be subjected to a settlement with an endorsement from the mayor.
In an interview with Vilma Palma after the meeting, she expressed concern about the psychological toll of heinous crimes on victims.
“Isunga adda ti tendencies a maapektaran ti mental health da ket nu dadduma pay ket agpakamatay or mabagtit ti biktima.”
She said that relatives may put pressure on victims to settle, which could exacerbate their mental health issues.
With the CPOC’s approval for their office to step in prior to the settlement process, she stated that the CSWDO has agreed to assist the victims with stress debriefing and first trauma recovery, and endorse them for additional psychological evaluation assessment if necessary.
In an interview with Ngao-i on January 16, he emphasized that the MBCC is equally concerned about the well-being of all parties involved. He however argued that amicable settlements are “more Christian in a sense” as they promote forgiveness and reconciliation.
Drawing from his experience as a former member of a trauma healing council, Ngao-i explained that some causes of trauma for victims stem from the prolonged court proceedings, as well as the possibility of the case being dismissed.
“Maysa a mangpatrauma ti biktima ket kinaatiddug ti hearing, it will take years and years. Ken nu naabak da ti korte, karkaru pay a rason a ma-trauma ti biktima,” he said.
“Isunga iti the best nga solution ti MBCC ket win-win solution—isu dyay ‘areglo’. Saan met maareglo nu madin ti biktima,” he added.
Based on the data of CSWDO from last year, there are 21 rape cases recorded in the city. The Bureau of Jail Management and Penology, reports that currently, there are 32 individuals at the Tabuk District Jail charged with rape, which is approximately 65% from the total index crime. Not all 32 individuals are from Tabuk.
While the Bodong system is celebrated for promoting peace and preventing the culture of revenge among tribes, the discussion sparks questions about whether the Bodong practice of amicable settlement unintentionally contributed to the persistence of rape and other heinous crimes in the province.
Ngao-i refuted the idea. “Ammum nu sika ti criminal a tinulungan daka ti umili, adda ba rupam nga mang-ulit ulit?” implying that community involvement through Bodong discourages perpetrators from repeating their offenses.
It is also true that Bodong is a unique practice that highlights the ability to bring conflicting parties together, which Ngao-i described as “the beauty of Bodong”, even though members of sub-tribes are in conflict, parties would usually resort to a Bodong settlement, with a handshake as an end result, which according to Ngao-i is a rare sight in courts.
Still, as agreed by the CPOC body, serious crimes like rape should not be settled, and to balance justice and traditions, the CSWDO’s involvement is seen as necessary. By Rio Bassong