TABUK CITY, Kalinga – Unlike in other regions of the country which conflicts normally brought to the court, many cases are still settled through the cultural practice of mediation.
Matagoan Bodong Consultative Council (MBCC) coordinator Alexander Gunaban said that the mediation process is an approach to conflict management and resolution to voluntarily reach a mutually acceptable settlement of issues in dispute.
Gunaban clarified that before mediation can take place, the victim reports the incident to the bodong holder or barangay chairman who will endorse the case to the MBCC through a letter.
After which, the MBCC schedules a mediation with both parties to hear each side based on the overview of the case as basis of what terms to agree upon. The mediation process, he said may take three or more meetings to complete depending on the severity of the case, on the conditions set by the aggrieved party and on the willingness of the accused to appear on set dialogues.
In cases of vehicular accident resulting to injury or death, he said that spot report from the Philippine National Police is required.
The MBCC coordinator also informed that his office does not interfere with offenses like rape since it is governed by national law which means that only the court has the responsibility to deal with it. However, he said that they can intercede to other personal offenses such as murder and also civil cases.
Manned with seven mediators, Gunaban explained that their role is to facilitate and reconciliate the warring parties but not to influence decision especially that of the aggrieved parties since they can only give options especially in the declaration of amount or property to indemnify the victim and to prevent possible reprisal.
‘’When the respondent has settled his obligation to the victim, it is only when a statement of desistance is issued by the city prosecutor marking that the case is solved and closed,’’
When asked about the qualifications of a mediator, he said that knowledge and understanding of the bodong and a good standing in the community are the most important considerations.
Inquisitive why revenge is still apparent in Kalinga culture, Robin Mayyam said that Kalingas are loyal to their own tribes and tradition and being closely linked to one’s tribe means that one’s success is success for the whole tribe; his injury is the injury of all and his offense is the offense of all.
He added that because of this strong tribal association, the entire tribe will be involved if anything happens to any of its member.
‘’Driven by efforts to spring back from the province’s former state of unity and value for human life and justice, a system so called ‘’bodong’’ or ‘’peace pact’’ was born with the hope that killings by a blow or by a weapon will get out of the running,’’ Roberto Awing of the MBCC quoted during his radio guesting at Radyo ng Bayan for the April 7 episode of City Updates. ‘’The bodong protects people and visitors from both tribes, especially in emergencies,’’ he added.
Awing also said that the bodong is similar to the international treaties, in that it has provisions, constitutions and by-laws that include territory, people and government which are covered by the terms and conditions of the bodong.
On the Kalinga tribe’s preference in amicably settling dispute, he said that it is embedded in their culture and moral ascendancy that has been handed down by their ancestors from generation to generation.
‘’The creation of a Bodong System as a for a of extra judicial settling issues has been practiced and evident as an inclination towards peace and thereby forging a solid foundation of a peaceful community guided by its preferential social mores.’’ Awing mentioned.
Rodrigo Agtina said that as to the present conditions of the law provide for amicable settlement as an alternative mode of dispute resolution which is acceptable for the court in order to ease court docket and avoid for expensive proceeding and result for easy manner of resolution of dispute, the amicable settlement of the Ikalingas as a culture is also accepted in the law as one of the modes of alternative dispute resolution.
‘’On a battle to restore peace and order and attain justice, property disputes are well suited to mediation for an on-going relationship between the parties, the parties will achieve a mutually satisfactory settlement, a ‘win-win’, unlike in arbitrations, court proceedings and expert determinations where someone will lose’’, he pointed out.
Apart from conflict solution, Mayyam said that the MBCC also initiates the Moral Recovery Program and Trauma Healing through spiritual counseling to individuals and groups who have done unlawful activities and to those been victims of family and tribal conflicts.
As per records of the MBCC for 2016, 39 cases were filed and 33 cases were settled and six are still on- going. Meanwhile, in the first quarter of 2017, of the 10 cases filed, 7 were already settled while the rest are still on-going.
By Darwin S. Serion
