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Full text of "Ifugao law"

IN 

AMERICAN ARCHAEOLOGY AND ETHNOLOGY 

Vol. 15, No. 1, pp. 1-186, plates 1-33 February 15, 1919 



. IFUGAO LAW 

BY 

B. F. BARTON 



"We are likely to think of the savage as a freakish creature, all moods at one 
moment a friend, at the next moment a fiend. So he might ~be were it not for the 
social drill imposed by his customs. So he is, if you destroy his customs, and expect 
him nevertheless to behave as an educated and reasonable being. Given, then, a 
primitive society in a healthy and uncontami?iated condition, its members will inva 
riably be found to be on the average more law-abiding, as judged from the stand 
point of their own law, than is the case in any civilised state. 

"Of course, if we have to do with a primitive society on the down-grade and 
very few that have been civilizaded, as John Stuart Mill terms it, at the hands of 
the white man are not on the down-grade its disorganised and debased custom no 
longer serves a vital function. But a healthy society is bound, in a wholesale way, 
to have a healthy custom. 

E. E. MARRETT. in Anthropology. 



CONTENTS 

INTRODUCTION 

PAGE 

The Ifugaos 8 

Sources of Ifugao law and its present status of development 11 

^ 1. Relation of taboo to law 11 

2. Scope of customary law 14 

-* 3. Connection of law and religion 14 

4. General principles of the Ifugao legal system 14 

5. Stage of development of Ifugao law 16 

THE FAMILY LAW 

Marriage 17 

6. Polygamy , 17 

7. Nature of marriage 17 

8. Eligibility to marriage 18 

9. The two ways in which marriage may be brought about 18 

10. Contract marriage 19 

11. Marriage ceremonials 21 

12. Gifts to the kin of the bride: hakba 22 

13. Obligations incurred by those who enter into a marriage contract 24 

14. The binawil relation 25 

15. Property rights acquired by marriage 26 



2 University of California Publications in Am. Arcli. and Etlin. [Vol. 15 

PAGE 

Remarriage of the widowed 27 

16. The gibu payment to terminate marriage 27 

Divorce 

17. Divorce because of necessity 30 

18. Divorce for mutual benefit 30 

19. Divorce which may be demanded by either party 30 

20. Cases where divorce may be demanded by one party or the other 31 

21. The hudhud, or payment for mental anguish 32 

22. Divorce ceremonies , 33 

23. Property settlements in case of divorce 33 

Dependents in relation to family law 34 

24. Adopted children 34 

25. Servants 34 

26. Slaves 35 

Illegitimate children 36 

27. Definition of illegitimacy; its frequency 36 

28. Obligations of father to bastard child 36 

29. Determination of parentage 

Reciprocal obligation of parents and their children 37 

30. Duties of parents to children 37 

31. Obligations of children to parents 38 

THE PROPERTY LAW 

The kinds of property 39 

32. The Ifugao s classification of properties 39 

Family property 39 

33. The Ifugao attitude toward family property 39 

34. Rice lands 40 

35. Forest lands 40 

36. Heirlooms 40 

37. Sale of family property 41 

Personal property 41 

38. Definition : 41 

39. Houses 41 

40. Valuable trees 41 

Perpetual tenure 42 

41. Rice and forest lands 42 

42. Homesteading " 43 

43. Payhok, or landmarks 43 

44. Right of way through property owned by others 43 

Transient tenure 43 

45. Tenure of sweet potato fields 43 

Transfers of property for a consideration 44 

46. Thebalal 44 

47. Sales of family property 45 

48. Responsibility of seller after property has left his hands 49 

Transfers of property arising from family relationships 50 

49. Methods of transfer 50 

50. Assignment and transfer of property during the lifetime of the owner.... 50 

51. Inheritance 50 

52. The passing of property between relatives because of relationship 50 

53. The law of primogeniture 51 



1919] Barton: Ifugao Law 3 

PAGE 

54. The passing of property to legitimate sons and daughters by assignment 

or inheritance 51 

55. The passing of property to other relatives 51 

56. Property rights of bastards 52 

57. Transfers of property to adopted children 53 

58. Servants and slaves as inheritors 54 

59. Wills and testaments 54 

Settlements of debts of the aged and deceased 55 

60. When the debtor has children 55 

61. Wlien the debtor is childless but leaves a spouse 55 

62. Debts for which the kin of the deceased are held 55 

63. Attitude toward debts 56 

Borrowing and lending 56 

64. Lupe, or interest 56 

65. Patang, or interest paid in advance 56 

66. Another form of patang 57 

Go-betweens 57 

67. The go-between 57 

68. Responsibility of go-betweens 57 

69. Conditions relieving a go-between of responsibility 58 

70. Payment due those who find the body of one dead by violence 58 

Contracts for the sale of property 59 

71. On whom binding 59 

Irrigation law 59 

72. The law as to new fields 59 

73. The law as to water 60 

74. The law as to irrigation ditches 60 

PENAL LAW 

Penalties 61 

75. Nature and reckoning of fines 61 

Circumstances which affect penalty 63 

76. Moral turpitude not a factor 63 

Penal responsibility 63 

77. The nungolat, or principal 63 

78. The tombok., or "thrower" 64 

79. Iba n di nungolat, "the companions of the one who was strong 64 

80. The montudol, "shower," or informer 64 

81. Servants who commit crimes at the bidding of their masters 64 

82. Likelihood to punishment 65 

83. Drunkenness and insanity in relation to criminal responsibility 65 

84. The relation of intent to criminal responsibility 65 

Other factors affecting liability 66 

85. Alienship 66 

86. Confession 66 

87. Kinship 67 

88. Rank and standing in the community 67 

89. Importance of influential position and personality 68 

89a. Cripples and unfortunates 68 

The principal crimes and their frequency 69 

90. List of offenses 69 

Sorcery 70 



University of California Publications in Am. Arch, and EtJin. [Vol. 15 



91. The ayak or soul-stealing 
92. Other forms of sorcery 
93 Punishment of sorcery 


PAGE 

70 
70 
71 


Adultery 
94. Forms of adultery 
95 Punishment of adultery 


72 
72 
73 


96. Sex in relation to punishment for adultery 
The taking of life 
97. General considerations 
98. Executions justifiable by Ifugao law 


74 
75 
75 

." 76 


99. Feuds 
100. War 
101. Head-taking 


77 
77 
78 


102. Hibul, or homicide 
103. Attempts to murder 
~^104. Wounding . 


78 
79 
79 


105. Special liability of the givers of certain feasts 
106. The labod, fine assessed for homicide 
107. Accidental killing of animals 


79 

-81 
82 


108. Malicious killing of animals 


. . 83 


Putting another in the position of an accomplice 
109. The tokom, or fine for compromising another 
Theft 


83 
83 
85 


110. Of theft in general 
111. Theft of rice from a granary. 


85 
86 


112. Theft of unharvested rice 
113. Illegal confiscation 

114. Fines assessed for goba or arson 
Kidnapping 
115. Circumstances under which kidnapping may occur 
incest 
116. Rarity of such offenses 

117. Bo0 parties being unmarried 


86 
86 

87 
87 
87 
87 
88 
88 
88 
88 


118. Rape of a married woman by an unmarried man 
119. R^pe of a married woman by a married man 
Ma-hailifu, or minor offenses 
120. False accusation 
121. Baag or slander 
122. Threats of violence 
123. Insult 


89 
89 
89 
89 
90 
90 
90 



PROCEDURE 

The family in relation to procedure 92 

124. Family unity and cooperation 92 

The monkalun or go-between 94 

125. Nature of his duties 94 

Testimony 95 

126. Litigants do not confront each other 95 

Ordeals 96 

127. Cases in which employed 96 



1919] Barton: Ifugao Law 5 

PAGE 

128. The hot water ordeal 96 

129. The hot-bolo ordeal 97 

130. Alao, or duel 97 

131. Trial by bultong or wrestling 97 

132. The umpire and the decision 99 

Execution of justice 99 

133. Retaliation 99 

134. Seizure of chattels 100 

135. Seizure of rice fields 102 

136. Enforced hospitality 103 

137. Kidnapping or seizure of persons 104 

138. Cases illustrating seizure and kidnapping 104 

"Hie paowa or truce 107 

139. The usual sense of the term "paowa" 107 

140. Another sense of the term paowa" 107 

Termination of controversies: peace-making 108 

*141. The hidit or religious aspects of peace-making 108 

An inter-village law . 109 

142. Neutrality 109 

APPENDICES 

I. Ifugao reckoning of relationship 110 

II. Connection of religion with procedure 110 

III. Parricide 120 

IV. Concubinage among the Kalingas 121 

Glossary 122 

Explanation of plates 130 



University of California Publications in Am. Arch, and Ethn. [Vol. 15 



PREFACE 

There is no law so strong as custom. How much more universal, 
willing, and spontaneous is obedience to the customary law that a 
necktie shall be worn with a stiff collar than is obedience to the ordained 
law against expectoration on sidewalks; notwithstanding that the 
latter has more basis in consideration of the public w r eal and even in 
aesthetics. 

This little paper shows how a people having no vestige of consti 
tuted authority or government, and therefore living in literal anarchy, 
dwell in comparative peace and security of life and property. This 
is owing to the fact of their homogeneity and to the fact that their law 
is based entirely on custom and taboo. 

The Ifugaos are a tribe of barbarian head-hunters. Nevertheless, 
after living among them for a period of eight years, I am fully satisfied 
that never, even before our government was established over them, was 
the loss of life from violence of all descriptions nearly so great among 
them as it is among ourselves. I do not, however, wish to be under 
stood as advocating their state of society as ideal, or as in any way 
affording more than a few suggestions possibly to our own law-makers. 
Given dentists and physicians, however, I doubt gravely if any society 
in existence could afford so much advantage in the way of happiness 
and true freedom as does that of the Ifugaos. 

But we must realize that probably neither security of the individual 
life nor even happiness are the chief ends of existence. The progress 
and evolution of our people are much more important in all prob 
ability, and this seems to demand the sacrifice of ease and freedom 
and of much happiness on the part of the individuals composing our 
society. 

Acknowledgments are due first to my teacher and friend, Professor 
Frederick Starr, for his encouragement and assistance, and, above all, 
for his inculcation of respect for and tolerance toward customs other 
than our own. 

Captain Jeff D. Gallman, whose work among the Ifugaos stands to 
the credit of our government of the Philippines second to that of no 
other man in the archipelago, assisted me in many ways. He is a man 
learned in the "lore of men," 

Who ha dealt with men 
In the new and naked lands." 



1919] Barton: Ifugao Law 7 

Dr. David P. Barrows, now Major Barrows, also rendered me 
indispensable aid and encouragement. Dr. A. L. Kroeber of the chair 
of anthropology, University of California, and his associates, Dr. T. T. 
"Waterman and Mr. E. W. Gifford, have read the manuscript and proofs 
and have made valuable suggestions which are incorporated in the 
paper as finally published. These gentlemen have been unstintedly 
generous in welcoming a newcomer in the field in which they are so 
preeminent. 

Dr. George W. Sirnonton has kindly assisted in preparing the 
manuscript for the printer. 

The photographs, with one exception, were taken by myself. 

SAN FRANCISCO, CALIFORNIA, January 14, 1918. 



8 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

INTRODUCTION 

THE IFUGAOS 

Philippine ethnologists generally agree to the hypothesis that the j 
Negritos, a race of little blacks, remnants of which now inhabit 
mountain regions of many of the larger islands, were the original 
inhabitants of the Philippine Archipelago. They advance the hy 
pothesis that these little blacks were driven by Malay immigrants 
from their former homes in the fertile plains to the mountains; and 
that these first Malay invaders were driven from the lowlands into 
the mountain regions by succeeding immigrations of Malays superior 
to them in organization and weapons. 1 By and by, no one cares to- 
hazard how long afterward, the Spaniards came. They christianized 
the lowlanders, except the Mohammedan populations of Mindanao and 
Sulu. But at the time of the American occupation the mountaineer 
descendants of the first immigration, for the most part, had not re 
ceived the spiritual ministrations of Her Most Catholic Majesty s 
missionaries, on account of the inaccessible character of their habitat. 
True, garrisons and missions had been established in a few localities 
among them ; but owing to the scattered character of the population, / 
the independent spirit of the people, their natural conservatism, and 
the lack of tact and consideration on the part of the Spanish officials 
and missionaries, practically no progress had been made in christian 
izing or civilizing them. 

The great majority of the non-Mohammedan, non-Christian Malays 
inhabit the island of Luzon. The Luzon non-Christian tribes and 
their estimated numbers are : Apayaos, 16,000 ; Benguet Igorots, 
25,000; Bontoc Igorots, 50,000; Wild Gaddanes, 4000; Ifugaos, 
120,000 ; Ilongots, 6000 ; Kalingas, 60,000 ; Tingianes, 30,000 ; Lepanto 
Igorots, 35,000; total, nearly a quarter million. All these tribes in 
habit the mountain ranges of the northern third of the island. 

The habitat of the Ifugaos is situated in about the center of the 
area inhabited by the non-Christian tribes. In point of travel-time, 

1 The present population of the Philippine Islands is about 10,000,000. Not 
withstanding, there are vast stretches of unoccupied lowlands. At the coming 
of the Spaniards the population of the tribes that now are Christian has been 
estimated at 500,000. These second Malay immigrants undoubtedly gained the 
principal part of their livelihood from agriculture, for which they needed little 
land. Why, then, is it hypothesized that any immigration drove another to the 
mountains? My own belief is that the first immigrants went to the mountains 
of their own volition for the reason that they had been a mountain people and 
a terrace-building people in their former honre. 



1919] Barton: Ifugao Law 9 

as we say in the Philippines, for one equipped with the usual amount 
of baggage, Ifugao-land is about as far from Manila as New York 
from Constantinople. To the northeast are the Wild Gaddan, to the 
north the Bontoc Igorot, to the northwest, west, and southwest the 
Lepanto and Benguet Igorots ; to the east, across the wide uninhabited 
river basin of the Cagayan, are the Ilongots. This geographic isolation 
has tended to keep the Ifugao culture relatively pure and uninfluenced 
by contact with the outside world. Two or three military posts were 
fitfully maintained in Ifugao by the Spaniards during the last half 
century of their sovereignly ; but the lives of the natives were little 
affected thereby. 

Ifugao men wear clouts and Ifugao women loin cloths, or short 
skirts, reaching from the waist to the knees. Wherever they go the 
men carry spears. Both sexes ornament their persons with gold orna 
ments, beads, agates, mother of pearl, brass ornaments, and so forth. 
Ifugao houses, while small, are substantially built, of excellent 
materials, and endure through many generations. 

It may safely be said that the Ifugaos have constructed the most 
extensive and the most admirable terraces for rice culture to be found 
anywhere in the world. The Japanese terraces, which excite the 
admiration of tens of thousands of tourists every year, are not to be 

^yf~~~ 

compared with them. \ On these steep mountains that rise from sea- 
level to heights of six to eight thousand feet mountains as steep 
probably as any in the world there have been carved out, with 
wooden spades and wooden crowbars, terraces that run like the crude 
but picturesque "stairsteps" of a race of giants, from the bases almost 
to the summits. Some of these terrace walls are fifty feet high. More 
than half are walled with stone. Water to flood these terraces is re 
tained by a little rim of earth at the outer margin. The soil is turned 
in preparation for planting with a wooden spade. No mountain is too 
steep to be terraced, if it affords an unfailing supply of water for irri 
gation. / The Ifugao, too, makes clearings on his mountains in which 
he plants sweet potatoes, and numerous less important vegetables. 
Without his knowing it, he bases his agriculture on scientific principles 
(to an extent that astounds the white man) and he tends his crops so 
skillfully and artistically that he probably has no peer as a mountain 
husbandman. 

Of political organization the Ifugao has nothing not even a sug 
gestion. Notwithsta^idmg,_Jie_jias a well-developed system of laws. 
This absolute lack of political government has brought it about that 



10 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

the Ifugao is a consummate diplomat. After an eight years residence 
among them, I am convinced that the Ifugaos got along very well in 
the days before a foreign government was established among them. 
Through countless generations the Ifugao who has survived and pros 
pered has been the one who has carried his point, indeed, but has 
carried it without involving himself in serious trouble with his fellows. 

The Ifugao s religion is a mixture of an exceedingly complex 
polytheism, ancestor worship, and a mythology that is used as an 
instrument of magic. His religion seems to be far more highly de 
veloped than that of the other non-Christian tribes. 

Attempts made by Spain to colonize the Ifugao in the lowlands 
invariably met with failure. The Ifugao is a hillman, and loves his 
hills. He is of an independent nature and cannot stand confinement. 
A great many prisoners jailed by American officials have courted 
death rather than endure incarceration. 

While there are well defined tribal divisions that mark off the 
various mountain-Malay populations of northern Luzon, the cultures 
of all of the tribes are basically similar. Numerous parallelisms, too, 
are found with the lowland Filipinos, even now, in features of daily 
life, religion, taboo, law, and marital relation. The dialects of all 
the tribes inhabiting the islands are branches of the great family of 
Malay languages languages spoken over more than half the circum 
ference of the globe. The linguistic differences that exist between 
the mountain and the lowland tribes seem to be not much greater than 
the linguistic differences between the various mountain tribes them 
selves. r( fc , 

/--"Many things lead us to believe that the culture of the Ifugaos is 
very old. We have to do with a people who possess both as individuals 
and collectively a most remarkable memory. Ifugao rich men lend 
to considerable numbers of clients and others every year during the 
"hungry time" to these, varying numbers of bundles of rice, to this 
one a skein of yarn, to that one a pig, and to another again a chicken. 
All these bargains and their amounts and their varying terms, our 
wealthy Ifugao remembers, unaided by any system of writing or other 
artificial means. Many Ifugaos know their ancestors back to the 
tenth or even the fourteenth generation, and, in addition, the brothers 
and sisters of these ancest9rs: If we consider the racial or tribal 
memory of these people, we find a mythology fully as voluminous as 
that of the Greeks. But the Ifugaos have no recollections of having 
ever migrated. Unless they have lived for many centuries in their 



1919] Barton: Ifugao Law 11 

present habitat, it seems certain that they would have retained at 
least in mythical form the memory of their migration. 

Another consideration that is significant lies in a comparison of 
the rate of rice-field building in these peaceful times, when such work 
is not hindered but instead vigorously stimulated by the government, 
with the amount of such work accomplished by past generations. One 
who stands on some jutting spur of the mountain-side in Asin, Sapao, 
or Benaue can scarcely help being impressed with the feeling that he 
is looking upon a w r ork of tens of centuries. Any calculation must 
be based on vague and hazardous figures of course, but, without having 
any theories to prove, and making due allowance for increased rate 
of building during peaceful times and for the pressure of the needs of 
increased population, from a comparison of the estimated area of 
voluntary rice-field building with the areas already constructed, I 
come to the conclusion that the Ifugaos must have lived in their present 
habitat for at least two thousand years, and I believe that these figures 
are too small. 



SOURCES OF IFUGAO LAW AND ITS PRESENT STATUS OF 
DEVELOPMENT 

The Ifugqoa have no form of writing; there is. fionsftmiftnt.lv. no 
written Iqw Thpy havp no fnrm of political government: there is, 
therefore^ no fiojigtitutional or statutory law. Inasmuch as they have 
no courts or judges, there is no lawpased^on judicial decisions. 

Ifugao law has two sources of origin: taboo (which is essentially 
religious) and custom. The customary law is the more important from* 
the greater frequency of its application. 

1. Relation of taboo to law. The Ifugao word for taboo is paniyu. 
The root, which appears under the varying forms iyu, iho, iyao, and 
ihaOj means in general "evil" or "bad." The prefix pan denotes 
instrumentality or manner. The word paniyu means both by deri 
vation and in use, "bad way of doing," or "evil way." By far the 
greater number of taboos have their origin in magic. A very large 
number of them concern the individual, or those closely related to 
him by blood ties, and for this reason have no place in a discussion 
of law. Thus a pregnant woman may not wear a string of beads, 
since the beads form a closed circle and so have a magic tendency to 
close her body and cause difficult childbirth. This, however, is not 
a matter that concerns anybody else, and so could be of no interest 



12 University of California Publications in Am. Arch, and Ethn. [Vol.15 

at law. It is taboo for brothers to defecate near each other, but only 
they are harmed thereby, and the matter is consequently not of legal 
interest. 

The breaking of a taboo that concerns the person or possessions 
of an individual of another family is a crime. The following instances 
will illustrafrr: 

In nearly all districts? of Ifugao it is taboo for persons of other districts 2 to 
pass through a rice field when it is being harvested. It is also taboo for for 
eigners to enter a village when that village is observing its ceremonial idleness, 
tungul, at the close of harvest time. One who broke this taboo would be subject 
to fine. In case it were believed that the fine could not be collected, he would 
be in danger of the lance. 

It is taboo to blackguard, to use certain language, and to do certain things 
in the presence of one s own kin of the opposite sex that are of the degrees of 
kinship within which marriage is forbidden or in the presence of another and 
such kindred of his, or to make any except the most delicately concealed 
references to matters connected with sex, sexual intercourse, and reproduction. 
Even these delicately concealed references are permissible only in cases of real 
necessity. The breaking of this taboo is a serious offense. One who broke the 
taboo in the presence of his own female kin would not be punished except 
in so far as the contempt of his fellows is a punishment. In Kiangan, before 
the establishment of forefgirguveTmmmT, breaking the taboo in the presence of 
another and his female kin of the forbidden degrees is said to have been some 
times punished by the lance (see sec. 123). 

It is taboo for one who knows of a man s death to ask a relative of the dead 
man if the man is dead. The breaking of this taboo is punishable by fine. 

Ifasked, Ifugaos say that it is taboo to ste.al ; to burn or destroy 
the property oi another ; to insult, or rum the good name of another : 
to causjLJthe r death or injury of another by sorcery or witchcraft ; in 
short, to commit any of those acts which among most peoples constitute 
a crime. 

The word taboo as understood among ourselves, and as most often 
used among the Ifugaos, denotes a thing rather ggjiitrarihi forbidden. 
It seems likely that moral laws from which most criminal laws are 
an outgrowth originate thus : the social conscience, learning that some 
act is antisocial, prohibits it (often in conjunction with religion) or 
some feature of it, or some semblance of it, arbitrarily, harshly, and 
sometimes unreasonably. Thus the first taboo set forth above has the 
semblance of being aimed against interruption in the business or 
serious occupation of another, or against his worship. The mere 
passing near a rice field when it is being harvested or the mere 
entrance into a village during the period of ceremonial idleness are 



2 I use the word "district" to denote the inhabitants of one of the many 
smaller culture sections into which the habitat of the Ifugaos is divided. 



1919] Barton: Ifugao Law 13 

arbitrarily seized upon as acts constituting such interruptions. The 
second taboo arose from the purpose of the social consciousness to 
prevent marriage or sexual intercourse between near kin. 3 It is most 
sweeping and unreasonable in its prohibitions. A third person may 
make no remark in the presence of kin of the opposite sex as to the 
fit of the girl s clothing; as to her beauty; nor may he refer to her 
lover, nor play the lover s harp. Many ordinary things must be 
called by other than their ordinary names. Even the aged priests 
who officiate at a birth feast must refer in their prayers to the foetus 
about to be born as "the friend" and to the placenta as "his blanket." 
A great number of things are forbidden in the presence of kindred of 
opposite sex that would not shock even the most prudish of our own 
people. The third taboo seems to be aimed against the bandying or 
the taking in vain of the name of the dead. 

It would seem that a primitive society, once it has decided a thing 
to be wrong, swings like a pendulum to the very opposite extreme, 
adds taboo upon taboo, and hedges with taboo most illogically. "With 
the ardor of the neophyte, it goes to the other limit, becoming squeam 
ish in the extreme of all that can in the remotest conception be con 
nected with the forbidden thing. 4 

Ultimately reason and logic tend to triumph and eliminate the 
illogical, impertinent and immaterial taboos, remove the prohibitions 
contained in the useful taboos from their pedestal of magic, and set 
them upon a firmer base of intelligence, or at least practical empiricism. 

A small part of Ifugao law consists even yet of taboos that are 
arbitrary and, except in essence, unreasonable. But the greater^ part 
has advanced far beyond this stage and is on a firm and reasonable 
basis of justice.^ Much of it originated frjrnaj^bgo even yet the taboos 
are remembered and frequently applied to acts that constitute crimes 
among ourselves but the immaterial and arbitrary taboos have been 
eliminated. Although the Ifugaos say that adultery and theft and 
arson are tabooed, nevertheless their attitude of mind is not the same 
as that toward things that are merely tabooed. It^is the attitude qf 



3 The possibility that these sex taboos are survivals of- a former clan system 
in which exogamy was the rule does not in the least invalidate this statement. 

4 Taboo is for the most part undoubtedly derived from magic. Indeed, there 
are not wanting those who hold that all taboo has its origin in magic. While 
doubting if so sweeping an assertion as this can be true, especially when we 
consider that even in its most primitive phases human life is exceedingly com 
plex and intricate, I invite attention to the fact that magic is such an all- 
embracing thing in primitive society, and is so closely connected with matters 
of morality and public policy, that there is nothing in this paragraph that can 
offend even those who hold that the field of taboo is one wholly of magic 
prohibitions. 



14 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

the human mind toward things that are prohibited by law and by 
conscience. 

2. S^ove of customary law. The customary law embraces that^ 
which pertains to property, inheritance, water rights, and to a great 
extent, family law^and procedure. There is a certain amount of 
variation in customs and taboos throughout Ifugao land. This ac 
counts to a certain extent, perhaps, for the reserved behavior of visitors 
to a district distant from their own. Visitors are afraid of unwit 
tingly breaking some taboo. In general, however, it may be said that 
laws are very nearly uniform throughout the Ifugao country. 

3. Connection of law and religion.-^ Religion and law appear con 
jointly in (a) transferals of family property; (ft) ordeals; (c) certain 
taboos; (d) payments of the larger fines; (e) peace-making. The 
Ifugaos state that a large part of their customary law and procedure 
was given them by Lidum. their great teacher, a deity of the ijkyworlci, 
and an uncle of their hero-ancestor, Balitok. 

4. General principles of the Ifugao legal system. Its personal 
character. Society does not punish injuries to itself except as the 
censure of public opinion is a punishment. This follows naturally 
from the fact that there is no organized society. It is only when an 
injury committed by a person or family falls on another person or 
family that the injury is punished formally. 

Collective responsibility. Not only the individual who commits an 
act but his kin, in proportion to the nearness of their kinship, are 
responsible for the act. Their responsibility is slightly less than his. 
This applies not only to crimes but to debts and civil injuries. 

Collective procedure. LeggJ procedure is by and between families ; 
therefore a family should be "stroll? +* HpTtumd amL^iiT^ij r.. iy.sigt. 
demands." A member of an Ifugao family assists in the punishment 
of offenders against any other member of his family, and resists the 
punishment of members of his family by other families^ A number 
of circumstances affect the ardor with which he enters into procedures 
in which a relative is concerned and the extent to which he will go into 
them. Among these are: (a) the nearness or remoteness of his rela 
tionship to the relative concerned in the action; (b) relationship to 
the other principal in the action; (c) the loyalty to the family group 
of the relative principally concerned in the procedure and the extent 
to which this relative discharges his duty to it; (d) evidence in the 
case bearing on the correctness of the relative s position in the 
controversy. 



1919] Barton: Ifugao Law 15 

A corollary of the above principle. Since legal procedure is be 
tween families, and never between individuals, nor between a family 
and an individual, fn*iTngs_fvF broth p.r or Bister against brother or sister 
go unpunished. The family of the two individuals is identical. A 
family^ cannot proceedagcmist itself. But in the case of incest be 
tween a father and a daughter the father might be punished by the 
girl s mother s family on the ground that he had committed a crime 
against a member of that family. It is true that just as great an 
injury would have been committed against the family of the father, 
since the relationship of the daughter to that family is the same as to 
her mother s family. But the father, the perpetrator of the crime, 
being a nearer relative of his own family than his daughter, his family 
certainly would not take active steps against him. Were the crime 
a less disgraceful one, the father s kin would probably contest his 
penalty. 

The family .ujnty must at all hazards be preserved. Clemency is 
shown the remoter kin in order to secure their loyalty to the family 
group. A large unified family group is in the ideal position of being 
"strong to demand and strong to resist demands." The family is 
the only thing of the nature of an organization that the Ifugao has, 
and he cherishes it accordingly. 

Collective recipiency of punishment. Just as the family group is 
collectively responsible for the delinquencies of its members, but in 
less degree than the delinquent himself, so may punishment be meted 
out to individuals of the group other than the actual culprit, although 
naturally it is preferred to punish the actual culprit; and so may 
debts or indemnities be collected from them. But only those indi 
viduals that are of the nearest degree of kinship may be held respon 
sible ; cousins may not legally be punished if there be brothers or 
sisters. 

Ifugao law isvery personal jjL-dts chaKOoter^ For the different 
classes of society there are in the Mampolia-Kababuyan area five grades 
of fines in punishment of a given crime, four in the Hapao-Hunduan 
area, and three in the Kiangan area. 

Might is right to a very great extent in the administration of 
justice./ For a given crime, one family, on account of superior war 
footing, or superior diplomacy, or on account of being better bluffers, 
will be able to exact much more severe penalties than another. Espe 
cially is Ifugao administration of justice likely to be unfair when 
persons of different classes are parties to a controversy. I doubt very 



16 



University of California Publications in Am. Arch, and Etlin. [Vol. 15 



much, however, whether this characteristic of Ifugao administration 
of justice be more pronounced than it is in our own. 

5. Stage of development of Ifugao law. Reasons have already been 
given for believing the Ifugao s culture to be very old. His legal 
system must also be old. Yet it is in the first stage of the development 
of law. It is, however, an example of a very well developed first-stage 
legal system. It ranks fairly with Hebrew law, or even with the 
Mohammedan law of a century ago. R. R. Cherry in his lectures on 
the Growth of Criminal Law in Ancient Communities demonstrates 
these stages of legal development: First, a stage of simple retali 
ation " an ^y p fr>r flT1 P 7 P . a fnnt}l for a tooth, a life for a life. 
Second, a sta^e in which veng-eanpp av be bought off "either by the 
individual who has inflicted the injury or by his tribe/ Third,, a 
stage in which the tribe or its chiefs or elders intervene to fix penalty- 
payments and to pronounce sentence of outlawry on those who refuse 
to pay proper fines. Fourth, a stage in which offenses come to be 
clearly recognized as crimes against the peace and welfare of the king 
or the state. 

No Ifugao would dream of taking a payment for the deliberate 
or intentional murder of a kinsman. He would be universally con- 
demned if he did- so. However, he would usually accept a payment 
for an accidental taking of life. There is still, however, an element 
of doubt as to whether even in such a case payment would be accepted. 
For nearly all other offenses payments are accepted in exteniiallOfl. 
Ifugao law, then, may be said to be in the latter part oi the first stage 
of lepal 



1919] Barton: Ifugao Law 17 



THE FAMILY LAW 

MABRIAGE 

6. Poli/gamy. The extent to which personality affects what an 
Ifugao may or may not do without being considered an offender i& 
illustrated in the matter of polygamy. Any Ifugao, except one of 
the most powerful, who might Jr^ to take_a_ plural wite would onbL 
bring upon himself heavy punishment punishment that would ^ Be 
administered by the kin of the first wife. But men who are very 
wealthy and who are also gifted with a considerable amount of force 
of character sometimes take a second or even a third wife, and compel 
the kin of the first wife to recognize her and ner cnildren L In other 
words, they make polygamy legal for themselves. The first wife is 
of higher class than succeeding wives. Her children have inheritance 
rights to all the property their father had at the time of the taking of 
the plural wife. The following is a typical instance of the taking of 
a plural wife : 

Guade of Maggok, an extremely wealthy man, after marrying and having a 
number of children by his first wife, began habitually to have illicit intercourse 
with another woman. The kin of the first wife demanded a heavy indemnity. 
Such was their bun got (ferocity) that they succeeded in making Guade think 
that he was in imminent peril of losing his life, and in collecting double the 
amount usual in such cases. But having paid the fine, Guade rallied to his 
support all his kin and kept up the relations with the woman, taking her as a 
second wife. Nor did the kin of the first wife attempt to prohibit this, well 
knowing that they had gone far enough. The second wife is recognized, and 
her children are recognized, as legitimate. Guade informed me recently that 
he was thinking seriously of taking a third. Guade is admired and envied by 
every one in the community apparently; whereas a man of less force would be 
condemned by public opinion. 



When a plural wife isj^k^ri a heavy payment must, he ma,^ t,hp_ 
first wife and her kin. This may amount to about 500 pesos. 

7. Nature of marriage. Marriage amon^ iT^e ^f^gaos is a civil 
contract of undeiin^ fl"*" ft r" a v last a month, a year, a decade^ 
or until_Je death j)f one of the parties to it. It has no essentiaj, 
connection wi$KJhe tribal religion. True, at almost every step in its 
consummation the family ancestral spirits and the other deities are 
besought to bless the union in a material way in the matter of children 
and wealth and by t giving the two parties long life. But this is a 
matter of self interest, and not of hallowing or consecrating the union. 
Should the omens be bad, the two people do not marry because they 



18 University of California Publications in Am. Arch, and Etlin. [Vol. 15 

are afraid that in the shape of sickness or death or childlessness, ill 
fortune may overtake them if they do so. And_ even^afterjhe mar- 
n qg A JigsJb^Ti frd-b^rm^iTPrnatprl ^nnlH it happen tkal-at. any one 
of three certain feasts performed bv the parents of the eonple^ during 

~ with their rice^crop, the omen of the bile sac 4a 

ill, the marriage is dissolved. A No promises are made 
by the contracting pnrt^R tfr ^av 11 ^^^ or to anybody else. Nor do 
the contracting parties take any part in any religious ceremonials 
or in any marriage ceremonials of any kind. Marriage may be termi- 
TifUffl af nnj- time hy mil*"" 1 f crftPTTT^tfn^ But tna ^ marriage is con 
sidered a contract is shown hv the fact that if either party terminates 
the marriage against the will of the other the injured party has the 
right to assess and collect damages. 

The theory that ma.rria.ge should he permanent in order to provide 
the? better for the training- and rearing of children has no legal em 
bodiment. 5 It is, however, established by custom that in case of 
divorce a property settlement according to the wealth of the family 
must be made on the children. 

8. Eligibility to marriage. _Ariv^pPr^^ ag-^ may marry 

^The consent of the parents is riot necessary. But there is jj^fcakoa 
on the marriage of cousins wif.hin the third d_egT-ap This taboo may 
be rendered inoperative, except in the case of full cousins, by an 
exchange of animals ranging from two pigs in the case of the nearer 
relationships to one small pig or a chicken in the case of the remoter. 
The girl s kin in all cases receive the more valuable animals in this 
exchange. But the marriage of first cousins is absolutely tabooed and 
never occurs. It is said that children are sometimes coerced into 
marriage against their will; but I have heard of only one case in 
which physical force was used, and even in this case the attempt ended 
in failure. 

9. The two ways in which marriage^mai/ be brought about. 
ohijrjrpn th^f. will inhprif p o-rpflt HpgT_o_f property are married 



* When the Ifugao sacrifices a chicken or pig, he always consults the omen 
of the bile sac. A full distended bile sac normally placed is a good omen. An 
empty one, or one abnormally placed is a bad omen. Needless to say, most 
omens are good. 

5 There is a feeling on the part of the social consciousness that marriages 
ought to be permanent that it is better when such is the case. Inasmuch, 
however, as all the uncles and aunts consider themselves, and, in the scheme of 
the reckoning of Ifugao relationships are considered, in loco parentis with respect 
to their nephew r s and nieces, and almost equally bound with the parents them 
selves to impart instruction and give training, the removal of one parent is of 
little detriment to the mental and moral phase of the rearing of children. 



1919] 



Barton : Ifugao Law 



19 



usually, jmt by no means always, by a contract* marriage ; those who 
will inherit no property, or but a small amount, and those who, mar 
ried by the preceding method, have lost their spouses, or who on 
reaching a maturer age, do not find themselves compatible with their 
spouses, and consequently remarry, are married by a trial marriage. 
However, it should be said that even a contract marriage is a trial 
marriage to a great degree. In fact, one inclined to be prudent in 
his speech would never pronounce an Ifugao marriage a permanent 
one until the death of one of the parties to it. 

The trial marriage is merely a primitive sexual mating in the 
dormitories of the unmarried. It might be called a courtship, it being 
understood that, except in its very incipiency, Ifugao courtship postu 
lates an accompaniment of sexual intercourse. It is very reprehen 
sible, but not punishable, for a girl to enter into two such unions 
contemporaneously. The moral code is hardly so strict with respect 
to the male. 

In case the two individuals are satisfied with each other, that is, 
in case they find themselves compatible, and nearly qlwayg in 



beo.nmes pregnant and the youth has no reason for misgivings 
f> parentage^ of the child, the youth, after consultation with 



Jb-in parents, jsends a distant relative or friend, who is not related to 
the_firl. with betels for a ceremonial confer ence_in which t.hp hapd of 
the_girHs asked in marriage. Generally it requires two or more trial 
marriages to select for a person his more permanent mate. 

10. Contract marriage. The contract marriage is usually 
for, and its first ceremonies at Ipa^f. reform f^| w|i^Q-h-diiidrpn 



luite small. Its 

1 ...... 

a folly on the 

less walthy spouse. The danger is that such a chil, seeping in e 
common dormitory, will give way to the ardor of youth and tempor 
arily mate with one below him in station, and that the union so begun 
prove permanent. 

As a rule the couple mnrriVd by a cmitr^t 



children are elevated by the ui/auwe fgflfit. t" 



pf the 



kadangimng ( upper class) . The uyauwe feast is not an essential part 
of the marriage ceremonials, but is an addition to them. 

The following is the history of a typical marriage of this kind : 



e I prefer using the term contract marriage to using antenuptial agreement. 
The latter is an occidental institution of which the reader has a definite notion. 
The contract marriage is different in motive and nature. 



20 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

Dulinayan of Ambabag, when his son was about two years old, sent a go- 
between to Likyayu, also of Ambabag, whose daughter was somewhat younger 
than Dulinayan s son, with betels for a ceremonial conference looking toward 
a marriage between the two children. He stated that he would contract to give 
his son his fields at Takadang, and wished to know what fields Likyayu would 
give his daughter. The go-between returned, stating that Likyayu s people 
did not consider Dulinayan s fields at Takadang seriously, and asked that he 
assign the boy his fields at Banggo and Dayukong in order that they might 
consider the union of their daughter w T ith his son. The go-between stated that 
Likyayu was considering bestowing on his daughter his field at Takadang. 

Dulinayan returned the go-between to state that he did not take as being 
very serious Likyayu s statement that he intended to give his daughter only 
the field at Takadang. He made the proposal that Likyayu add to the field at 
Takadang the one at Danok, and stated that if Likyayu would do so he would 
give his son the fields at Banggo and Dayukong, as Likyayu suggested. Likyayu 
accepted this proposal. 

After two or three more conferences, it was agreed that Dulinayan was to 
assign his son the following movable. family property: 1 rice-wine jar, 1 gansa, 
1 gold ornament. Likyayu was to assign his daughter 1 rice-wine jar, 1 gold 
ornament, and 1 pango (string of ancient beads). Besides the above, Likyayu 
would give, at the proper time, a house for the young couple. Each of the two 
men would present his child a granary. 

The above agreement made, Dulinayan sent a pig called lokop di mommon 
and a pig called imbango. These pigs were sacrificed by Likyayu and his kin. 
The omens of the bile sacs promised well. Likyayu returned 1 natauwinan 
(4 spears), as the tnangdad of the imbango. 

About three years elapsed before anything further was done toward the 
completion of the marriage. During this period Dulinayan on behalf of 
his son furnished Likyayu s household with what firewood was needed and kept 
his granaries in repair. Whenever his son s betrothed fell ill, or whenever her 
parents or grandparents fell ill, Dulinayan furnished a pig for sacrifice. And 
whenever Dulinayan s son or his son s parents or grandparents fell ill Likyayu 
furnished a pig. Likewise when one of the direct ascendants of either of the 
young couple died the other family furnished a pig for the funeral and a death 
blanket as one of the burial robes. 

In the year 1912 that is, three years after the contract was made Dulinayau 
sent a man to propose an uyauwe. Each family performed a granary feast to 
determine whether the time was propitious. The omens being good, each family 
notified the other of the fact. Dulinayan then sent a large pig as the liingot. 
Likyayu s people returned a small pig as liulul di liingot. Then Dulinayan fur 
nished a large pig for the bubun, and the two families met for the first time 
during the period of the negotiations and sacrificed and prayed together. 

A short time afterward the children were made Tcadangyang by the giving 
of an uyauwe feast. At this feast Dulinayan gave hakba (marriage presents) 
to Likyayu and his kin. 

In a contract marriage there is. a - 1w qy s ..flu assignment, t.n fb^ 
children of the property that they will inherit. The__amount of 
property settled upon either of them is equaLor. very Tiparly-eqiiaLto . 
that settled on the other. . Nor may the parent of one of the children 
sell any of this property except for the purpose of providing animals 



1919] Barton: Ifugao Law 21 

for sacrifice in case of the illness or death of the child or one of his 
direct ascendants, or in case of the illness or death of the child s 
betrothed, or one of his direct ascendants (see sec. 13). 

11. Marriage ceremonials. The following are the steps taken to 
consummate a typical marriage in the Kiangan-Maggok area : 

(a) The bo^ s kin send the girl s kin a pig Thi pig j s sgcrifWrl 

by the girl s kin. The omen of t.JiP hi IP R^ fa n ftT1R11 ]f e r] The pig is 

This feast is called mommon. 



(b) JhftjHyv^sjmi_sftTifl another pig to the girl s kin. Thp 
kin^sacrifice this pig. The omen of the bile sac is consulted, This 
feast is called imbango. 

A non-essential part of the ceremonials, but an important matter 
in some contingencies, is the return by the girl s kin of a gift to the 
boy s kin in exchange of the pig sent for this feast. This return 
gift is called mangdad. Its effect is to nullify any right on the part 
of the boy s kin to demand a repayment of the pig sent for this cere 
mony in case the marriage should for any reason whatever fail to be 
effected. Even though the failure to complete or effect the marriage 
be the girl s fault, if the mangdad has been sent, the boy s kin have 
no right to ask a return of the imbango. The return gift is of much 
less value than that made by the boy s parents. 

(c) The boy s kin send the girl s kin a pig, which pig is sacrificed 
by_thp girl s kin. Th^ omen of the bile sacja p.onsnlt.pfl. This feast 
is called hingot. 

A non-essential part of the ceremonials, but one important in the 
same way as in the preceding ceremony, is the return by the girl s 
kin of a small pig, called the hulul di hingot (exchange of the hingot). 

(d) Th A kin n j both the contracting principals meet at the girl s 
house and fiflfirifW * largP pig furnished bv the boy s^ kin. This feast 
is called bubun, and has for its especial purpose to obtain from the 
gods of animal fertility long life, health, and many children for the 
young couple. It__ is attended by a giving of gifts J)v the kin of the 
boy to the kin of the girl, except that in the case of a contract marriage 
between kadangyang (the upper class) the giving of these gifts is 
often deferred till the uyauwe ceremony, which, while not part of the 
marriage ceremonials, often follows immediately after them. 

The programme of marriage ceremonials among the northern 
Ifugao is somewhat different. 

(a) Same as (a) above. This ceremonial is omitted except in 
marriages between the wealthy. 



22 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

(6) The boy s kin sacrifice a pig at his home, sending half of it, 
if the omen of the bile sac promises well, to the kin of the girl in a 
back basket, called bango, whence originates the term inibango, mean 
ing "carried in a bango." 

(c) The boy s kin take a pig to the girl s home. The girl s kin 
furnish another and smaller pig. Both families participate in a 
religious feast. This feast is called tanig, and seems to include both 
the bubun and the liingot of the Kiangan people. 

(d) Ceremonial idleness for the boy and the girl is required during 
a period of five days. On the third day the couple go to one of their 
fields, it being taboo for either of them to stumble on the way. The 
trip is in one respect somewhat like the time-honored cutting of the 
cakes in one of our own marriage feasts to secure a prognostication 
as to which of the two spouses will die first. Stumbling on the part 
of one of the couple, however, would indicate that that one would die 
not only first but soon, and would probably lead to a refusal on his 
or her part to go ahead with the marriage. 7 Arrived at the field, the 
girl weeds a part of it, and the boy gathers some wood from a near-by 
forest. Then they go home, the boy carrying the bundle of wood. 

In case a bad omen of the bile sac is encountered in any of these 
ceremonies, the marriage is not proceeded with, since the belief is that 
misfortune would surely attend it. 

In the case of the poor, some of the above ceremonies may be 
omitted; or chickens or smaller pigs may be substituted for any or 
all the pigs. The above programme is simply that which is to be 
followed out if the groom be financially able to do the l right thing. 

In case the spouses are related, two pigs a male and a female 
are sacrificed, and the ceremony called ponga is performed. The 
larger pig is furnished by the boy. The nearer the kinship the larger 
the pigs necessary for this ceremony. 

At no time are any vows or promises made by the principals. 
At no time, except in the fourth ceremony among the Northern Ifugao, 
do the principals have any active part in the ceremonies. Indeed, 
they may not eat the meat of the pigs or chickens killed at their own 
wedding, for it is taboo to them. 

12. Gifts to the kin of the^ ^ridr J^.kba. In thp Kinnnin .ITM;- 
but in no other, expensive gifts are made to the kin of the bride. 



7 Stumbling is not merely a prognostication; it is also a cause. It would 
tend to bring about that lie who stumbled would die or be unfortunate if he went 
ahead with the marriage. 



1919] Barton: Ifugao Law 23 

These gifts are called kakba. Only in the case of the very poorest 
are gifts foregone. The gifts are distributed to the girl s kin, the 
nearer kin receiving the more valuable and the remote kin the less 
valuable articles. But the elder of a line of cousins by a single uncle, 
for example, receives a more valuable present, the next in age a less 
valuable one, the next in age a still less valuable one, and so on, the 
youngest getting nothing if he have many brothers and sisters. No 
distinction is made between male and female kin. The gifts may 
range from two death blankets, worth 16 pesos, to a spearhead worth 
0.20 peso. 

Except in the case of the poverty-stricken, there is nothing for it 
but to pay these presents. If they be not forthcoming, the kin of 
the woman seize the pig provided for the bubun ceremony, carry it 
home and guard it well till such time as the groom comes forward 
with the hakba gifts, when they return it for the ceremonial. 

The following is a list of the hakba given by Dulinayan of Ambabag 
to Likyayu s family of the same village on the occasion of the marriage 
of the son of the former to the daughter of the latter. 

12 clouts at 1*1 1*12 

10 woman s skirts at 1*2 20 

42 death blankets at 1*8 336 

10 woman s girdles at 1*2 20 

10 war knives at 1*1 10 

3 iron pots at 1*5 15 

1 bayao (blanket) at 1*5 5 

1 rice-wine jar at 1*8 ... 8 

2 gansas at 1*8 16 

620 "irons" (spears, knives, axes, etc., at an 

average value of 1*.50 each) 310 

Total 1*752 

Dulinayan stated at the time these notes were taken that there 
were a number of things omitted from the above list that he had 
forgotten ; that he counted up the amount of all the hakba immediately 
after the feast, and that it totaled over 800 pesos. 

A groom whose property placed him in the upper rank of the 
middle class would spend about 128 pesos as follows on hakba: 

8 death blankets at 1*8 1*64 

128 "irons" at 1*50 64 

Total .. 



24 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

A member of the lower middle class would spend about 92 pesos, 
and a member of the poorer class would spend about 36 pesos. 

13. Obligations incurred by those who enter into a marriage con 
tract. First. The initial ceremony, the mommon, puts upon the 
principals in a marriage contract the obligation to abstain from sexual 
relations with any other persons. Sexual intercourse with any other 
person constitutes the crime of adultery. The degree of guilt for 
lapses in this respect depends on the progress that has been made 
toward the completion of the marriage, the culpability growing pro 
gressively with the performance of each succeeding marriage cere 
monial. 

Second. The obligation rests on the boy and his kin to furnish 
the immediate family of the girl with firewood from the time at which 
the first ceremony is performed until the young couple separate to 
live in a house by themselves. 

Third. For the same period of time as that embraced in the pre 
ceding paragraph, the obligation rests on the boy and his kin to keep 
the granaries of the family of the girl in repair, and to reroof them 
whenever needful. 

Fourth. Each family helps the other in all that pertains to rice 
culture throughout the first year following the bubun ceremony. Each 
family furnishes the other with the pig necessary for the sacrifice at 
each of the three important rice-culture feasts: the kulpe (growth 
feast), the kolating (harvest feast), and the tuldag (granary feast). 

Fifth. From the time at which the first ceremony is performed 
until the dissolution of the marriage, it is the duty of either spouse 
to furnish a pig to the other in the event of the sickness of the other 
or of any of his or her lineal ascendants. 

Sixth. For the same period as that embraced in the preceding 
paragraph it is the duty of either spouse to furnish the other in the 
event of the death of any of the lineal ascendants of the other, a pig 
and a death blanket. 

If the spouses be too young to attend to any of their respective 
obligations to each other or to the families concerned, it is the duty 
of their parents to attend to the discharge of the obligations. 

The non-fulfilment or the non-discharge of any of the above obli 
gations is sufficient cause for a demand for a divorce on the part of 
the injured spouse. The Ifugao does not/consider it to be the duty 
of any person to leave his father and mother and cling to his wife 



1919] Barton: Ifugao Law 2o 

or husband. Rather does he consider the opposite to be the duty. 
A good many marriages are undone between children because of the 
non-fulfilment of one of these obligations on the part of one of the 
families involved. It matters not that the spouse be so young as to 
be of necessity innocent. 

The husband has a right to have sexual intercourse with his wife. 
If she does not accede to his desires, he has the right to force her 
if lie can, but he must not strike or injure her in his attempt. If he 
cannot force her, he may demand a divorce. Ordinarily no man can 
have sexual intercourse with an Ifugao woman possessed of her reason 
and of normal strength, against that woman s will. 

Bugan of Baay, a very pretty girl, was married by her parents against her 
will to Pingkihan of Baay, a very rich but, unfortunately, a darkish and 
very ugly man. The marriage proceeded as far as the hingot, when it was 
thought wise by Pingkihan and the part of justice by the kin of the girl that 
the girl give her body before the proceeding went further. Pingkihan made 
many futile attempts to attain this purpose, but all in vain. Finally he de 
spaired. The girl s father, however, told him to come to his house one night. 
Pingkihan did so. An uncle of the girl caught her, and held her. Pingkihan 
tried in vain to have sexual intercourse with her. The girl s resistance made 
the thing impossible. The marriage ceremonies were carried no further. 



It cannot be too strongly emphasized that hnsfrflnd and wifV> ^TP, 
never_united into one family. They are merely_jtfM^I\e -j-jes that . - 

bind each to his own family are much stronger than the ties that bind 

them together. An Ifugao explained this to me by putting his hands 
parallel, the forefingers together. The forefingers represent the two 
spouses ; the hands the two families. Should .the two families separate, 
should they withdraw from amity and agreement, the two spouses, 
the forefingers, of necessity withdraw, because they are attached to 
different hands. 

Each succeeding feast in the consummation of the marriage carries 
with it an added degree of obligation and of alliance; and an added 
degree of culpability in cases of failure to comply with the marital 
obligations and in cases of crimes against the marriage. 

14. The binawit relation. Oftentimes when the spouses are chil 
dren and live in Different villages, -as soon as they are of sufficient 
age -to have some feeling for each other at ten or more years,, for 
instance one of them goes to the house of the other. Usually the 
two espoused children live for a time at the house of the parents of 
the one, and then for a time at the house of the parents of the other. 



26 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

\ tv.x .-<*- 

A child living thus at the house of his parents-in-law is called binawit. 
This matter is purely optional with the children, and is a matter of 
convenience to them. 

The father of the girl has, however, a mean advantage, which he 
sometimes, though rarely, uses. If, for example, his son-in-law be a 
good worker, he counsels his daughter not to go to the house of her 
father-in-law, in order that she may hold her husband in his house to 
the end that the family profit by his labor. And even though the 
couple may have arrived at the age of separating from their elders 
and living in a house to themselves, the father of the girl refuses to 
give her her rice fields, putting the boy off from season to season with 
"Wait till next harvest" or "Wait till next spading time." It is 
true that the boy has in such conduct on the part of his father-in-law 
sufficient cause to justify him in divorcing the girl : but if he divorces 
her, he loses all that he has spent for sacrifices and hakba gifts ! 

15. Property rights acquired by marriage. Neither spouse acquires 
any interest in the property that the other possesses, at the time of 
the marriage. Each has, however, the right to veto the sale or transfer 
of the family property 8 of the other except where legal and sufficient 
reasons exist for such transfer. These legal and sufficient reasons are 
the necessity of selling the field: (a) to provide the necessary things 
for a funeral feast for ascendants or kinfolk; (b) to pay rightful 
debts; (c) to pay fines or indemnities; (d) to provide things necessary 
for feasts and sacrifices which are considered essential a very liberal 
interpretation being placed upon the word * essential. 

Should a man sell a field for a light or trivial cause without the 
permission of his wife, the validity of the transfer would not be 
effected by the fact of the non-consent of the wife. But the w^ife 
would have recourse for damages from her husband, and might de 
mand: (a) twice the price received for the field as a settlement on 
their children; (&) a divorce; (c) or both. The right of each spouse 
to veto the sale of the other s property is equal and the same. This 
right is based principally or perhaps wholly on the ground that each 
spouse is the guardian of the interest of the children of the union, 
born or unborn. 

The spouses have a joint right in all property acquired after mar 
riage as the result of their joint labors ; that is to say, any property 
whatever obtained except (a) by the sale of the fields of the one and 
the repurchase of other fields with the proceeds; (&) as the result of 



8 Family property: for definition see sec. 33. 



1919] Barton: Ifugao Law 27 

a fine or indemnity assessed by the family of one against some person 
for injury done a member of that family; (c) ceremonial gifts such 
as the hakba and habalag; (d) inheritance. 

REMARRIAGE OF THE WIDOWED 

16. The gibu payment to terminate marriage. Even death itself 
does not terminate an Ifugao marriage. It terminates neither the 
obligation of the widowed to the soul of the dead spouse nor the 
compact of alliance between the two families involved. This obli 
gation and this compact may be terminated only by the payment known 
as the gibu. 

The word gibu means literally "finish". In its narrowest and 
probabty original sense it may have meant a payment to terminate 
all the relations and obligations growing out of a marriage. There 
is another explanation. From the day of the death of a spouse till 
the third day after the interment (when the binokbok ceremony is 
performed), the kin of the deceased and the kin of the surviving 
spouse are on terms of theoretical enmity. They observe with refer 
ence to each other all the taboos that are observed toward enemies. 
This practice may have arisen from a former belief a belief that is 
current among many primitive peoples today that every death is 
due to sorcery or witchcraft. Whom so naturally blamed as the 
surviving spouse or his kin? If this be the explanation, then the 
gibu originated as an indemnity paid for the life of the deceased. 

In the present day, the gibu in a broader sense applies to all fines 
and indemnities paid in connection with the abuse or termination of 
a marriage. 

A remarriage may not properly be effected by the widowed until 

dead), or the datok, as it is specifically called. Failure on the part 
of the widowed to make this payment would lead to a seizure of his 
property or a lance throwing. In the Kiangan area this payment is 
not nearly so high as in other parts of Ifugao land, and for the reason 
that in the former area large payments are made to the kin of the 
woman in the hakba gifts at the beginning of the marriage. In 
Benaue and other areas of Ifugao the payments are about five times 
the amounts shown in the subjoined table. 

The following is the datok payment of the Kiangan area : 



28 University of California Publications in Am. Arch, and Ethn. [Vol. 15 



DATOK 
For the Wealthy 

Pu-u, I death blanket .............................................. 1*8.00 

Haynub, 1 pot ............................................................ 5.00 

Haynub, 1 pot ............................................................ 2.00 

Natauwinan .................................................................. 1.00 

Natauwinan .................................................................. 1-00 

Natauwinan .................................................................. 1.00 

Natauwinan .................................................................. 1-00 

Natuku ........................................................................... 50 

Natuku ........................................................................... 50 

Na-oha ........................................................................... 25 

Amo: 

6 irons .................................................................... 1.50 

Paduldul (offering to the soul of the dead), 

1 pig .................................................................. 10.00 



Total =31.75 

For the Middle Class 

Pu-u, 1 death blanket f*4.00 

Haynub, 1 pot 2.00 

Haynub, 1 pot 2.00 

Natauwinan 1.00 

Natauwinan 1.00 

Natuku 50 

Natuku 50 

Nunbadi 40 

Na-oha 25 

A mo: 

4 irons 1.00 

Paduldul, 1 pig 8.00 



Total - f*20.65 

For the Very Poor 

Pu-u, 1 pot =4.00 

Haynub 1.00 

Natauwinan 1.00 

Natuku 50 

Nunbadi 40 

Na-oha 25 

Amo: 

4 irons 1.00 

Paduldul, 1 pig 5.00 



Total .. ....1*13.15 



For an explanation of the Ifugao s method of making payments and of 
reckoning fines and indemnities, see sec. 75. 



1919] Barton: Ifugao Law 29 

It is considered an insult to the deceased and his kin for a widowed 
person to remarry within a year from the death of his spouse. In 
such an event, a larger gibu is demanded by the kin of the dead spouse. 
Should the spouses have had no children, double the amount usual is 
demanded as the datok. 

If the widowed remarries without having first formally notified 
the kin of his dead spouse of his intention, or if he scandalously has 
sexual intercourse, he commits adultery according to Ifugao law, and 
must pay the gibu luktap (see sec. 75, 94). As a matter of fact, I 
do not believe that this law is often enforced. The Ifugaos say that 
it was nearly always enforced before the establishment of foreign 
government. 

If the widowed be a woman, both she and the man with whom she 
contracts a second marriage are responsible for the gibu payment. 
The payment as a matter of practice is always made by the man who 
marries her ; but it is said that, should her second husband for any 
reason fail to pay, the widow would be held for the payment. 

In the event of the birth of a bastard child to a surviving spouse, 
the gibu must be paid. 

The following is an instance of the non-payment of this indemnity, 
and the sequelae: 

Piniliu of Longa married the wife of Butlong, a deceased kinsman of 
Timbuluy, also of Longa. Piniliu did not come forward with the usual datok 
payment, notwithstanding the fact that it was repeatedly demanded of him. 

Finally Piniliu went to Nueva Viscaya, and there bought a carabao. Tim 
buluy gathered his kin and met Piniliu when he was bringing back the carabao. 
About two miles before they reached their home village Timbuluy and his kin 
seized the animal, hamstringing and slaughtering it before Piniliu s eyes. 

The act of Timbuluy may very safely be said to have been justified by 
Ifugao custom, and so to have been legal. 

The gibu is smaller if the second spouse taken be a kinsman or 
kinswoman of the first. 

If the living spouse should not have furnished the animal required 
of him (see sec. 13) and a death blanket for the funeral of the dead 
spouse, the value of these things is added to the amount of the gib-u. 10 



10 The fact that an Ifugao spouse remains always a member of the family 
of his blood kindred, and that the ties binding him to his conjugal partner are 
light indeed is shown by the fact that, at his death, funeral expenses fall 
mainly on his father and mother and brothers and sisters. 



30 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

DIVORCE 

The following tables show some of the causes for divorce together 
with the payments, if any, due and to whom they are due. 

17. Divorce because of necessity. This is always achieved by 
mutual agreement. 

Cause Fine Paid to 

1. A bad omen of the bile sac of the animal sac 

rificed at the mommon, imbango, liingot, 

or bubun feasts (see sec. 17) None 

2. A bad omen of the bile sac at any of the 

three principal rice feasts of either family 
during the year following the performance 
of the bubun ceremony (see sec. 7) None 

It is considered that only ill fortune could come of a marriage 
which gave even a single ill omen in any of these cases. It is not 
permitted to provide another pig and consult the omen again in any 
of these feasts. But in all subsequent feasts this may be done, and 
does not lead to divorce. Divorce is unavoidable if the above occurs, 
and neither party would dream of opposing it. 

18. Divorce for mutual benefit. Childlessness is the cause. Divorce 
under these circumstances is considered a mutual benefit. It may be 
achieved by mutual consent or may be demanded by either party 
without liability for indemnity. 

Cause Fine Paid to 

1. Continuous dying of offspring None 

2. Childlessness for a period of two or three 

years after marriage None 

It is considered that the gods of animal fertility look with per 
manent disapproval on the union. This is not without some show 
of reason, since spouses who have lived together for a goodly number 
of years on separation and remarriage with other persons have each 
had children. Ifugao experience in this matter would indicate that 
there is such a matter as biologic incompatibility. 

19. Divorce which may be demanded by either party. Cruelty and 
incompatibility are the causes. The divorce may be by mutual consent 
or may be demanded by the injured. 

Cause Fine Paid to 

1. Neglect of one spouse by the other in time 

of sickness; the failure to "cherish" Hudlmd (see The injured 

below) 

2. Ill treatment of one of the spouses by the 

near kin of the other; insulting language 

by a father- or mother-in-law In some cases 

Imdliud Divorcer 



1919] 



Barton: Ifuga-o Law 



31 



Cause 

Unwillingness of either party to have sexual 
intercourse with the other, and continued 
resistance to it, when there is the ability 
to perform the sexual act 

The lessening of the fields of one of the 
spouses which it was agreed in the con 
tract of marriage would be his, without 
the consent of the kin of the other spouse 

Permanent inability to perform the sexual 
act 

Insanity 

Failure on the part of one spouse or his 
family in any of the obligations hereto 
fore mentioned (see sec. 13) 



Fine 



Hudhud 



Hudhud 

None 

None 



Hudhud (not 
always paid) 



Paid to 



Divorcer 



Divorcer 



9. 

10. 
11. 

12. 
13. 

14. 



Commission of crime by one spouse against 

a member of the other spouse s family Hudhud 

Refusal of one family to furnish the pigs 
necessary to complete the ceremonials; 
in case the spouses are related, the re 
fusal or continued neglect of one family 
to produce a pig for the pong a (see sec. 11) None 

The selling of a rice field for insufficient 
reasons by one spouse without the con 
sent of the other (see sec. 14) 



Divorcer 



Divorcer 



Continued refusal of the father of either 
of the spouses to deliver the fields called 
for in the contract when the couple has 
reached a reasonable age (see sec. 10) 

Continued laziness or shiftless conduct on 
the part of one of the spouses 

The incurring of many debts or other obli 
gations; the squandering of family re 
sources 

Unreasonable or insane jealousy 



Hudhud (also 
see sec. 21) 



Hudhud 
Usually none 



Hudhud 
None 



Divorcer 



Divorcer 



Divorcer 



20. Cases where divorce may l)e demanded by one party or the 
other. 



Cause 

1. Desertion of lawful spouse and cohabitation 

with another; divorce already a fait 
accompli 

2. Incompatibility; continuous quarreling 

3. A change of affection or a desire not to 

proceed with or complete the marriage; 
if there be children, all the property or 
nearly all must be settled on them 

4. Adultery 



Fine 

Gibu of holcicit 
(see sec. 94) 

Hudhud 



Hudhud 
Gibu of hiktap 
(see sec. 94) 



Paid to 



Injured party 



The divorced 



The divorced 
The injured 



32 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

21. The hudhud, or payment for mental anguish. This is the fine 
or indemnity assessed in cases of divorce at the instance of one of 
the parties, when uncomplicated by improper sexual relations, on the 
ground of mental anguish, hakit di nemnem, literally, "hurt of the 
mind." In general it may be said to be assessed against that spouse 
who has made necessary the dissolution of the marriage, whether or 
not he be the one who takes the initiative in effecting the divorce. 
Should the divorce be effected on account of sexual crime of one of 
the spouses, the greater the injury the more severely the crime is pun 
ished. The hudhud is a small fine, but its payment is said effectually 
to banish the mental anguish. The dignity and self-importance of 
the Malay are of unusual proportions in comparison with his other 
feelings and emotions. In Kiangan district there are three grades 
of the hudhud : one for the kadangyang or wealthy ; one for the tumuk 
or middle class ; and one for nawatat or poor. The following are the 
usual amounts of the indemnity: 

THE HUDHUD INDEMNITY 

For the Wealthy 
1 death blanket f*S.OO 

Total 1*8.00 

For the Middle Class 

I iron pot f^.OO 

. Natauwinan 1.00 

Natulcu 60 

Nunbadi 40 

Na-oha .. .25 



Total 1*4.85 

For the Very Poor 

Natauwinan .. ... f*1.00 



Total 1*1.00 

In case of a change of mind leading to an unwillingness to proceed 
with the marriage, the following additional data are pertinent : 
Should the girl refuse to proceed with the marriage after the per 
formance of the mommon ceremonial and before the performance of 
the imbango ceremonial, she pays simply the hudhud; should she 
refuse after the imbango, she pays the liudhud, and, unless her kin 
have given the boy s kin the mangdad di imbango., she pays back the 



1919] Barton: Ifugao Law 33 

pig given her family by the boy s family for the imbango ceremonial. 
The same is true, mutatis mutandis, should she refuse to proceed after 
the hingot ceremony. The boy may refuse to proceed with the mar 
riage after the mommon and before the imbango without liability to 
damages; should he refuse after the imbango, he must pay the hudhud. 

22. Divorce ceremonies. It is only when divorce is by mutual 
agreement that divorce is attended by any ceremonies. The ceremonies 
consist of a lionga, or general welfare feast, not greatly different in 
spirit from the ceremonials by which the couple were married. In 
other cases, the couple have separated prior to the formal divorce or 
have such ill feeling toward each other that concerted action is 
impossible. 

23. Property settlements in case of divorce. (1) When there are 
no children : Each spouse takes the property that he brought to the 
marriage, together with any property received since by inheritance, 
or solely by virtue of his relationship to his own family. 

The remaining property, that is, family property such as rice 
fields, gold ornaments, gansas, etc., and personal property such as 
food stores, house furnishings, implements, domestic animals, and also 
liabilities that rightfully bear equally on both spouses are apportioned 
by two umpires, monhangdad, one chosen by each spouse. These 
persons make an equitable division, taking as their fee any odd articles 
of personal property. Thus if there be three bolos, they take one ; if 
there be a chicken left over, they take it. They may not carry this 
appropriation to themselves too far, however. 

(2) When there are children of the union: The woman has the 
right to the children, and nearly always exercises it. In some cases, 
when the mother has no rice fields and the father does have rice fields, 
and when the children are large enough not to need a mother s care, 
by special agreement the father takes one or more of the children. 

Whoever takes the children takes possession of the property that 
belongs to them. Usually the woman takes all the children and man 
ages the husband s family property that has been allotted them. 

All the property of both the spouses must be assigned to their 
children at the time of the divorce (except the personal property). 
The one who takes a child takes also the property of that child and 
tills it. He may not dispose of it except for the purpose of meeting 
legitimate obligations against it. Should the child die, its brothers 
and sisters inherit the property. 



34 University of California Publications in Am. Arch, and Etlm. [Vol. 15 

DEPENDENTS IN EELATION TO FAMILY LAW 

24. Adopted children. An adopted child is termed inagamid, that 
is, " taken to one s self" ; or it may be termed na-inibalbalayen, made 
one s child." The word inagamid is also used to denote a slave taken 
into a household. 

Adoptions are rather rare; for the reason, I suspect, that it is 
only the propertied class who make them, and that persons of this 
class, being well nurtured, usually have children of their own. Usually 
the child adopted is the son or daughter of a brother or sister, and so 
is really, according to the Ifugao mode of reckoning kinship, the 
son or daughter of the adopter. Which family the child shall be 
adopted from 11 is a question that is hard for a man and his wife to 
agree upon, the wife naturally wishing to adopt from her family and 
the husband from his. Sometimes two children are adopted, one from 
each family. More often the adopted child is married to one of the 
family of the unrelated parent. The two parents by adoption then 
give or will give their children by adoption a large part or nearly all 
of their properties. They may not give the adopted children all. 
They must give something to those who would have been their heirs 
had they not made the adoption. 

25. Servants. The general term for servants is baal. As a rule 
no pay is given a servant other than his board and clothing. It is 
the obligation of the master, however, to furnish animals for sacrifice 
when the servant falls sick. It is, further, considered good form for 
the master to furnish animals for sacrifice in case of sickness of the 
servant s father or mother; but I do not believe it to be an obligation. 
A servant that has been a long time with his master is called -nikkop. 
It is an obligation resting on the master to furnish the animals and 
other necessities for a marriage feast for such a servant. As a rule 
there is no definite time set for the termination of a contract between 
master and servant, and such contracts are terminable at any time 
at the will of either party. 

Sometimes an unmarried adult goes to the house of a rich man 
and asks to be taken as a member of the family on such a basis ; but 
as a rule servants are children when first taken. Oftentimes a high 
degree of affection is felt for a faithful member of the family of this 



11 The Ifugao reckons kinship by generations. Those of a contemporaneous 
generation are tulang, brothers and sisters, children of the preceding generation 
of blood relatives, grandchildren of the generation of ascendants twice removed, 
fathers of the succeeding generation, and so on (see appendix 1). 



1919] Barton : Ifugao Law 35 

class, and if a child he is treated as a son or daughter. Sometimes a 
rice field is assigned to him, and he inherits as though lie were the 
youngest son or daughter. 

26. Slaves. Before the American occupation, except in those few 
parts of the habitat that were prosperous and in which the obtaining 
of the daily ration was not a serious problem, the selling by parents 
who found themselves poverty stricken of one of their children was 
not at all uncommon. The price that a child brought his parents 
varied from five pigs to five carabaos. There was no difference in 
value between a male and a female child. A slave was most valuable 
at the age of eighteen or twenty. Some men were slave dealers, and 
carried great numbers of children to Nueva Vizcaya and Isabela. 
In those parts a slave was worth from five to twenty carabaos. 

Among the Ifugao a slave was absolutely the property of his 
owner. The latter had power of life and death over him. Even if 
the master killed the slave it was not considered that the slave s family 
would be justified in avenging the death. But a slave s children, 
even though they be the children by another slave parent, were free. 
Frequently one of them was assigned to take the place of the father 
and another of the mother, and these two then became free. In the 
lowlands, however, the children of slaves were slaves, which accounts 
partly for the higher prices paid for slaves in those parts. It would 
be interesting to know whether the lowland (Christian) Filipino held 
children of slaves as slaves before his civilization and christianization 
by the Spaniard, or whether his practice then was that of his Ifugao 
brethren. 

The purchase of a slave was celebrated by a very pretentious series 
of religious ceremonials. Oftentimes, with the Ifugao, a slave was 
set free, at or before the death of his master, and was given a rice 
field. Unless set free he was inherited by the master s heirs as any 
other property. Sometimes a slave child was adopted by a childless 
couple as their own son or daughter. 

The following "Pocahontas" story is told of a slave who lived at 
his master s house in Anao. The master treated him ill, and the slave, 
a young man, ran away. He went to the enemy village of Alimit. 
The men of that town were going to kill him, hearing his Anao accent, 
and believing him to be one of their hereditary enemies. But a hand 
some girl, the daughter of a rich man, protected him with her own 
body and begged for his life. She afterward married him and bought 
his freedom. There was no actual necessity for her buying his free- 



36 University of California Publications in Am. Arch, and Etlin. [Vol. 15 

dom, since the last thing in the world the Anao master could have 
accomplished would have been the recovery of his property. She 
bought his freedom, however, in order that the children of herself 
and her husband might never be called the "offspring of a slave." 

Mention should be made, also, of those who voluntarily entered 
into slavery as a means of paying a debt. The word "voluntarily" 
in this connection needs explanation, however. A man was usually 
frightened into entering into servitude by the probability that if he 
did not he would be killed. 

In parts of Ifugao, the killing of women or children in feuds was 
a disgraceful thing, and rarely, if ever, practiced. Instead they were 
made prisoners and sold for debt. Sometimes, too, women or children 
were carried off and held for debt. This form of collection of debts 
was legal, or at least semi-legal. In case the debt was paid, the captive 
was returned ; otherwise, he w r as sold as a slave. 

ILLEGITIMATE CHILDREN 

27. Definition of illegitimacy; its frequency. A bastard is one 
whose father refuses to take the mother as his legal wife for any 
period of time, however short. The marriage of the parents after 
the birth of the bastard, consequently, legitimizes the child. 

Bastardy is not very frequent. It is extremely frequent, however, 
for a girl to become pregnant before her marriage. But in such cases 
her lover usually marries her. It is usually in cases of doubtful 
parentage and in cases in which one of the parents is of vastly different 
status as to wealth that a marriage does not follow pregnancy. 
But there are also a few cases of bastardy surrounded by other 
circumstances. 

28. Obligations of father to bastard child. The father of a bas 
tard must give his child a rice field if he has a field unassigned. He 

.must also give the mother an oban, or blanket, with which to carry 
the child after the Ifugao fashion on her back. The value of this 
gift is principally in its constituting a formal recognition of the child. 
The mother s rights are enforced by her kin. To a certain extent 
the same is true of the bastard s rights. A man is never forced to 
marry a woman against his will an Ifugao woman would be ashamed 
to ask such a thing. Such a marriage, too, would not be congenial. 
The mere making of a bastard a legitimate child is not of sufficient 
importance to justify such a marriage Besides, the Ifugaos have a 
saying, kumadangyang di inlaglaga: "The bastard becomes a rich 



1919] Barton: Ifugao Law 37 

Except in the matter of division of estates, the bastard has the 
same rights as legitimate children. His father s kin back him in 
legal procedures and avenge his wrongs as if he were legitimate. The 
father and his kin assist him in his marriage feast and in other feasts 
that may be necessary. 

29. Determination of parentage. The ordeal is employed when 
two or more men are accused of being the father of a bastard. The 
woman s word is not sufficient to settle the parentage. The one she 
accuses may lay the matter at the door of another. The ordeals used 
are the duel with runo stalks, or eggs, and the hot water test. The 
woman, holding the babe in her arms, sits half way between the two 
controversants. 

The Ifugao has the remnant of a peculiar belief that a child may 
be begotten by two fathers. They say, for example, that if A and B, 
two men, are having sexual intercourse with a woman, Z, and that if 
it is settled by fate that A and B each shall beget a child of the male 
sex, Z will conceive and the child may be the son of both of them. 
But if A is fated to beget a female child, and B to beget a male child, 
the semen of the one undoes that of the other, and the woman does 
not conceive. This belief is not taken seriously as a rule ; but I have 
heard it advanced in a case of illegitimate birth. 12 

Accordingly, should each of the two men be struck by the eggs 
thrown in the duel to decide the parentage of the child, or should 
both be scalded by hot water, the Ifugao, formerly at least, held 
that the child belonged to each of them. 

EECIPEOCAL OBLIGATIONS OF PARENTS AND THEIR CHILDREN 

30. Duties of parents to children. The Ifugao family exists prin 
cipally for the child members of it. The parents are supposed to 
love, and do love their children more than the children love them. 
The parents are under the obligation to provide food and clothing for 
their children, and to impart to them the tribal knowledge that is 
necessary to a respectable and well regulated Ifugao life. The child 
may be forced to assist, according to his ability, in the matter of house 
hold tasks, work in the fields, and the like. 

Corporal punishment may be, but very rarely is, administered. It 
is the mothers, strange to say, rather than the fathers, who use this 



12 It is a Malay s pride never to be caught without an explanation or excuse. 
However flimsy or absurd this may be, or perhaps in proportion to its absurdity, 
he advances it boldly and brazenly. 



38 University of California Publications in Am. Arch, and Etlm. [Vol. 15 

form of punishment. I never saw or heard of a father whipping his 
child. Such a thing as a right of life and death over a child is as 
unthought of, as it would be abhorrent, to the Ifugao if mentioned. 

The Ifugao child, even at the age of ten or twelve, begins to look 
upon his parents property as his own, or at least that portion of it 
that will fall to his share. A little later, he becomes independent he 
does not obey his parents unless he wants to do so. He is fully as 
likely to command them as to obey them. And the parent is under 
the obligation early to allow the children to displace him from his 
possession. He must turn over all his property to them as soon as 
they are able to marry or care for themselves. Should there be but 
a single field, he assigns it to his eldest. From the time that the fields 
are turned over, the father s offices are those of priest and counselor ; 
the mother s offices are those of priestess (sometimes) and of house 
hold drudge (always). 

31. Obligations of children to parents. The obligations of children 
to their parents are : 

(a) To provide animals and other things requisite to religious 
feasts that are thought necessary to keep them in good health and to 
restore them when sick. This obligation is by far the most burden 
some one, usually. 

(6) To provide food and clothing for them, and to care for them 
when sick or helpless. 

(c) To provide requisites for a funeral feast in accord with the 
station of the deceased. 

In case the child has not yet obtained possession of his allotment, 
these obligations do not rest upon the child, but are a charge upon 
the property alloted him. If the child has obtained possession of his 
share in the family estate, the obligation rests upon the child himself. 

The law of primogeniture holds with respect to these obligations. 
Civil obligations rest more heavily upon the older children and as 
nearly as possible in proportion to the amounts of property received 
from the parents. Children who receive no family property contribute 
very little. 

One might ask how compliance with these obligations is enforced. 
Compliance with them is really not enforced. They are the most 
sacred of all duties. Not to meet them would bring upon one s self 
such universal reproach as to render life unbearable. 



1919] Barton: Ifugao Law 39 

THE PROPERTY LAW 

THE KINDS OF PROPERTY 

32. The Ifngao s classification of properties. The Ifugao clearly 
distinguishes between two classes of property. His language, and 
indeed his thought, is very poor in abstractions, however, and he bases 
his classification upon the difference in the method of transferring 
property by sale. The one class he calls ma-ibuy, "that for whose 
transfer by sale an ibuy ceremony is necessary"; and the other, adi 
ma-ibuy, "that for whose transfer by sale an ibuy ceremony is not 
necessary. " Classifying them upon their essential differences in status 
in Ifugao law and culture, I term the former family property and the 
latter personal property. 

FAMILY PROPERTY 

33. The Ifugao attitude toward family property. Family prop 
erties consist of rice lands, forest lands, and heirlooms. The Ifugao 
attitude is that lands and articles of value that have been handed down 
from generation to generation cannot be the property of any indi 
vidual: Present noiciers possess only a transient and fleeting posses 
sion, or better, occupation, insignificant in duration in comparison with 
the decades and perhaps centuries that have usually elapsed since the 
field or heirloom came into the possession of the family. Their posses 
sion is more of the nature of a trust than an absolute ownership a 
holding in trust for future generations. 

It is a misfortune when family property that has long been in the 
possession of a family must be sold out of it. But if it be sold to a 
member of another branch of the same family, the misfortune is 
accounted less in proportion to the nearness of the kinship. How 
ever, the rights of the living and of the ancestors departed, are greater 
than the rights of the unborn. Consequently, a field may properly 
be sold and so depart from the family, if it be in order to provide 
animals to accompany the spirit of a deceased ancestor to the spirit 
world, or in order to provide animals for sacrifices to secure the 
recovery from dangerous sickness of some member of the family. 
Inherited property, however, is not to be disposed of without exhaust 
ing every effort to keep it within the family. Nor must it ever be dis 
posed of for light or trivial reasons. Except when sold to satisfy the 



40 University of California Publications in Am. Arch, and EtJin. [Vol. 15 



needs of the rlppartprl or livinor (i n these cases, a forced sale) family 
properties when sold bring exorbitant prices. Fields or other prop 
erties which have been recently acquired or constructed, sell at con 
siderably lower prices, even though their intrinsic value be the same. 
Nothing that I know of in the Ifugao make-up, is so characteris 
tically oriental as is this subordination of individual to family rights. 

34. Rice lands. A "field" consists of all the contiguous paddies 
in one place that are the property of one man. Insaies-and in trans 
fers arising out of family relationship, and in balal (pawning), afield 
is never divided... If there be tw r o heirs and only one field to""be 
inherited, the elder of the heirs takes the entire field. The reason for 
this and for the rights of primogeniture (see sec. 53) in inheritance 
and assignment of property, is to be found in the fact that the Ifugao 
social consciousness considers it better and it is better that a family 
have at leasl one powerful member round whom the Jm^jnay rally 
ancTto whom they may look for aid, than that the family property be 
split into insignificant parcels that would affect but little the property 
of all. Aside from this consideration there is also the practical diffi 
culty of dividing a field. In the process of dividing, the family unity 
which is the dearest and most necessary thing in Ifugao society would 
probably be destroyed by quarrels and squabbles. Even if an equitable 
division could be arranged, a great deal of the field would be taken 
up in dikes and division lines. It is a rare thing to find an Ifugao 
rice field as large as one acre in extent. 

There is no formal recognition of the eldest as the head of the 
family. But together with the lion Pshare of the property, the first- 
born inherits certain well defined and rather stringent obligations. In 
tins we seem to naVe 1 the savor of a system ol pUll liU clVy. "" 

35. Forest lands. Such lands, valuable principally because of the 
woods upon them, are often the common property of a group of kins 
men and their families. They are sometimes partitioned. They are 
nearly sure to be partitioned if wood be scarce, or if part of the land 
be suitable for rice fields. 

36. -JJGu3gQj)is. Heirlooms consist of such articles as gold neck- 
ornaments (intrinsic value of the gold being about 10 pesos to 20 
pesos; current price among the Ifugaos, 60 pesos to 120 pesos) ; gongs 
(value 8 pesos to 250 pesos) ; rice- wine jars (value 60 pesos to 400 
pesos) ; pango, or strings of amber colored glass beads (value 80 pesos 
to 160 pesos) ; and bungol, long strings of agates and bloodstones 
which are very rarely sold (value about 250 pesos). These articles 



1919] Barton: Ifugao Law 41 

are used fully as much by the owner s kin as by the owner himself; 
for they wear the beads and ornaments, play the gongs in feasts, and 
brew rice wines in the jars. 

37. Sal ft of family prnparty . The selling of rice fields, forest lands, 
gold neck-ornaments, rice-wine jars, and the like is a matter of prac 
tical concern to the entire family. Belling them, except in cases of 
necessity and after consultation with the kin, would lead to ill fnplinfr 
toward the seller on the part of his kin 1 and a, yp fiifia1 t" assist RTT]_ 
back him. Since there is no form of political government in Ifngrao 
culture, e"^ g jnp^ pypyy man_must, with the help of his kin, "get his 
own justice/ 7 this would be no small punishment. How serious a 
punishment it would be, the reader will, perhaps, realize when he 
reads the chapter on procedure. 

The sale of family property is registered by ceremonies in which 
the near kin of both buyer and seller take part. In comparison with 
the solemnity of these transfers, our real estate transfers are common 
place. In comparison with their complexity, our transfers are sim 
plicity itself. 

PERSONAL PROPERTY 

38. Definition. Such articles as knives, spears, dishes, baskets, 
pots, houses, camote fields, fruit-bearing trees, blankets, animals and 
qyfiVipg nf rninm" y^Lm jgya on the same legal basis as personal property 
among ourselves. Three items in this list demand special attention : 
houses, valuable trees, and sweet potato fields. 

39. Houses. Dwellings are movable property in Ifugao. A man, 
with the aid of his kinsmen can, and frequently does, take a house to 
pieces, move it to a different site and set it up again before sunset. 
The plot on which a house stands has no value. The value of a house 
is usually about ten pesos, the range of prices being from six to sixty 
pesos. 

40. Valuable trees. Cocoanut trees, coffee trees, and areca palms 
are sold without any sale or transfer of the land on which they stand. 
The value of a cocoanut tree in full bearing is five pesos ; of a coffee 
tree, one to two pesos; of an areca palm one-half peso. As a rule, 
the land on which these trees stand has no value. A practice pre 
senting parallel features that leads one to believe that the same man 
ner of selling trees must have prevailed among the Pangasinanes, one 
of the Christian tribes, is that, in the sale of the cocoanut groves in 



42 University of California Publications in Am. Arch, and Etlm. [Vol. 15 

central Pangasinan, the trees are sold at so much apiece ; but in order 
to get possession of the trees, it is necessary to buy the land at so 
much a hectare, since the land has a value. 

Camote or sweet potato fields are discussed in section 45. 

No ceremonials are involved in the transfer of personal property ; 
nor are witnesses necessary, as a general thing. 



PEEPETUAL TENURE 

Tenure is either perpetual or transient. 

41. Rice and forest lands. Rice-land and forest-land tenures are 
perpetual. 

In case an owner abandons a rice field for any period of time, how 
ever long, and another man takes up the field without interference or 
contrary order of the true owner, clears it of underbrush, builds up 
the broken dikes, levels once more the terraces, tills and plants it, the 
latter has the right to use the field for the same number of years that 
it was abandoned. At the end of this time, the field reverts to the 
true owner. Should the owner desire possession of his field before 
the expiration of the time, for which, in accordance with this rule, 
the field should remain in the possession of him who redeemed it from 
the wild mountain side, he must repurchase possession. 

It is not incumbent on a man to secure permission of the owner 
of an abandoned field before working it ; it is incumbent on the owner 
to prevent others from working his field against his will. 

In the event a rice field is made on privately owned forest lands 
from which the timber has long been cut, the owner of the land, when 
he has proved title, demands payment for the land. But he may not 
take advantage of the labor that the other has spent on the land in 
making rice fields, to demand an exorbitant payment. To take such 
a course would invite danger to himself. 

Forest lands that have been divested of their wood may be 
planted in camotes (sweet potatoes) by any person without asking the 
consent of the owner. If the owner does not want his land so planted 
or intends to use it himself, it is his business to inform any who may 
have started to work the land. But if he is tardy in making this 
prohibition, he must pay for the labor expended, or must allow the 
continuance of the work, and the harvesting of one crop of camotes 
from the land. I am not certain that this is the case in all parts of 
Ifugao. 



1919] Barton: Ifugao Low 43 

42. "Homest coding. "-That land which is not rice fields or forest 
land and which is not owned by some individual by reason of its hav 
ing been one or the other formerly, becomes the property of whomso 
ever makes it into rice fields. The tenure so acquired is perpetual. 

43. Paghok, or landmarks. Whenever a rice-field terrace is walled, 
the terrace wall is an unfailing and unimpeachable landmark. But 
in many districts, the terraces are not walled. In such cases, the divi 
sion lines between fields are marked by large chunks of wood or by 
large stones, buried three or four feet deep along the division line. 
A boulder is of course a most excellent landmark. 

Weather and the elements are continually wearing back an un- 
walled terrace. The amount each year is very small. But when in 
the course of years the displacement is sufficient to justify it, the 
owner may take that part of the field in the terrace below that belongs 
to him. 

The moving of a landmark is said never to occur, since it would 
take two or three men to lift the heavy stones, and would require a 
long time. Moreover it could not be done without leaving plain and 
indisputable evidence of the crime. 

44. Right of way through property owned by others. In order to 
get rid of insect pests, clay is sometimes conveyed to a field to form a 
layer over it about two inches thick. The clay is shovelled into a 
stream of water above, and carried as silt to the field and there allowed 
to settle. Sometimes leaf mold and other fertilizers are conveyed to a 
field in this manner. 

It makes no difference how many fields there may be above that 
on which it is desired to deposit the sediment, the owner of the last 
has a right to cut a ditch through the upper fields as a conduit for 
the stream of water. He must, however, repair all the upper terraces 
so as to leave them as they were before. 



TRANSIENT TENURE 

45. Tenure of sweet potato fields. Sweet potato, or camote, fields 
are clearings on the mountain sides about the village. They are nearly 
always steep slopes, and quickly lose their fertility. For that reason, 
they are abandoned after a period that varies in different districts of 
Ifugao according as camotes are a more or less important factor in 
the subsistence of the people. Thus in Banaue, where camotes form 
a very large part of the subsistence of the people, the fields are cul- 



44 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

tivated for five or even six years, if located near the village ; if more 
distant, they are abandoned after about two years. In Kiangan, where 
camotes do not play such an important part in subsistence, the fields 
are in any case abandoned after one or two years. The reason for 
abandoning the fields is that the soil wears out soon, so that the 
camotes grow small, and the yield does not repay the labor spent in 
cultivation. But in case a large area about the village be cultivated, 
rather than face the necessity of going far from the village to make 
clearings, the old fields are tended to a point at which the yield becomes 
almost nil. After abandoning a field, the owner still has a claim on 
it, but only until such time as the field grows up in weeds, in which 
case the labor spent by him in making the clearing may be fairly 
presumed to have been undone. After abandonment, the field regains 
its fertility slowly. The first person who begins clearing the field 
again becomes its possessor for a new term of years. It is exceedingly 
rare that quarrels arise over camote fields. Camote fields are some 
times sold, but it is not the land that is sold, but the crop with tem 
porary possession of the land. 



TKANSFEES OF PEOPEETY FOE A CONSIDERATION 

There are two kinds of transfer of family property for considera 
tion": the ~balal (pawn), and outright sale. 

46. The balal. In case a man finds himself under the necessity 
of raising a considerable sum of money usually in order to provide 
funds for a funeral feast or a sacrifice he frequently borrows the 
sum, giving a rice field into the hands of his creditor as a security 
and as a means of paying the interest on debt. The creditor holds, 
plants, and harvests the field until the debt be repaid. The field is 
to all purposes his, except that he cannot sell it. He can, however, 
transfer it as a balal into the hands of another. But he must transfer 
it for the same or a less amount of money ; that is, if he has loaned 
fifty pesos on the field, he must not borrow more than that sum, unless, 
of course, he be able to secure the owner s consent. This is a very wise 
provision of Ifugao law that insures the prompt return of the field 
to the owner as soon as he be able to get together the amount needed 
to redeem the field. An example will make this clear. A borrows 
fifty pesos of B, giving his field as a balal into B s charge ; B gives it as 
a balal to C for the same or a less amount, who gives it as a balal to D 
and so on. When A is able to repay the debt, he goes to B and 



1919] Barton: Ifugao Law 45 

delivers him the sum plus the fee of the agent through whom the 
deal was effected. With this amount, including the fee, B goes to C, 
C goes to D, and so on. Were B to have borrowed without A s con 
sent more than fifty pesos, say seventy pesos, and were he not finan 
cially able to obtain the difference (twenty pesos) between his debt to 
C and the debt that A had just paid him, there would be an excellent 
beginning for a quarrel that might end in lance throwing. 

Real estate of this kind continues in the hands of the creditor 
until the debt be paid. Transfers of the same piece of land may go 
on indefinitely. The transfers are witnessed each time by the agent 
who obtains the loan for the person in whose charge the field is. This 
agent receives as his fee about five to twelve per cent of the value of 
the loan obtained. He is the only witness necessary. His fee is paid 
him in the first place by the creditor. But the fee is added to the 
amount loaned, and must be returned by the debtor when the debt is 
paid. As soon as the agent has received his fee, it is his duty to 
inform his oldest son, in case he be of sufficient age, otherwise his 
wife or a brother, of the terms of the transaction. This is a precau 
tionary measure against his death and the consequent leaving of the 
transaction without a witness. 

Each creditor is liable to his debtor for the return of the field 
upon the payment of the sum due, the case being precisely parallel 
to the liability of the indorsers of a check or a note, one to another. 

Suppose, however, that the field be planted in rice. In such an 
event, the owner must leave the creditor in possession of the field 
until the crop shall have been harvested. In case the field be newly 
planted, it is sometimes returned to the owner on the agreement that 
he care for the growing crop, harvest it, and give the creditor half. 
If the field be spaded, but not planted, the owner may pay his creditor 
for the cost of the labor expended in spading the field, together with 
a bonus as interest. 

The amount loaned on a field never equals the value of the field. 
Usually it is about half the value. It makes no difference how long 
a field remain in the status known as balal, the field, subject to the 
conditions of the preceding paragraph, must be returned to the owner 
or his heirs whenever the amount loaned be returned. Sometimes 
a field remains a balal for two or three generations, 

47. Sales of family property. The Ifugao has a very peculiar 
system of buying and selling in connection with family property, by 
which, paradoxical as it may sound, a man has to pay for an article 



46 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

almost twice its price. In order to complete the purchase of a rice 
field, there are "extras" almost without number, to be paid, each 
extra bearing as its metaphorical name, the name of some act of rice- 
field cultivation or of a feature of the trade itself. So far as has yet 
been ascertained, there is no myth or story to explain how this 
peculiar idiosyncracy originated. 

The price is divided into ten parts, each part being represented 
by a runo stick or a notch cut in a stick, or by knots in a string. In 
the Banaue district, these sticks are kept for generations as records 
of the sale. The first two sticks are called budut, and represent the 
payment down. They are the heaviest payments, not necessarily 
made on the day of the transfer, but at a set time. The eight others 
represent some standard in the Ifugao s system of barter, and are 
called gatang, or price. They are paid at some indefinite time in the 
future. Possession of the field is given after the first payment. In 
order to make the sticks conform to the standards of barter, it is 
sometimes necessary to represent one payment by two sticks. 

Fee of witnesses and agent. This fee is called lukbu, or lagbu 
(in Benaue dialect). The principal witnesses are preferably the 
distant kin of the seller, and the agent or agents who effected the sale. 
The names of the different sticks, knots, or notches are translated 
literally in the tables diagraming the transactions in purchasing fields. 

These fees are paid and the presents made to the kin of the seller 
at a feast called ibuy. This feast is performed whenever the purchase 
price of the field has been paid. The kin of buyer and seller meet 
in the purchaser s house. A 

, f 

A. TRANSACTIONS IN THE PURCHASE OF A FIELD IN THE KIANGAN AREA 

& 
I. Payments on tlie property 

, \ 
Paid down at time purchase is consummated, or soon after: 

Name of transaction aid meaning Article transferred Value 

Budut, or tandong 1 pig f*20.00 

Budut, or tandong 1 pig 15.00 

Additional instalments (gatang} paid irregularly: 

Gatang 1 death blanket 8.00 

Nunokop (two at a time) 1 death blanket 8.00 

Nunokop (two at a time) 1 pig 20.00 

Gatang 1 pig 8.00 

Gatang 1 pig 8.00 



Total P87.00 



1919] 



Barton: Ifugao Law 



47 



II. Fees (lukbu) of the principal witnesses 



Name of transaction and meaning 
Bobod (the tying) 
Page (rice) 

Lanad (commission of the go-between) 
Pugug (finished) 
Gogod (cut) 
Kinta (left over) 



Article transferred 
1 pig 
1 small pig 



Value 
f*10.00 
6.00 
5.00 
4.00 
3.00 
1.00 



Total 



177. Advance interest paid to tlie seller 
Baloblad 

(If the seller is a kinsman, he may not 
take this amount. If taken, the 
seller and the purchaser may not 
eat together for five days, since 
they are on a basis of "theoretical 
enmity." This "theoretical en 
mity" exists in several other in 
stances in Ifugao life. See sec 
tion 15 and appendix 2.) 

IV. Gifts to the seller s Tcin 



Piduan di gogod (repetition of the cut) Natauwin 

Piduan di Jcinta (repetition of the surplus) * Natauwin 

Hablal (flooding of field) Na-oha 

Hagapliap (chopping of grass from terrace Na-olia 

wall) 

Onolc (sticks for beans to climb up) Na-olia 

Umuhun (burning off grass) Na-olia 

Aiyag (dinner call) Na-olui 

Banting (flint and steel) Na-olia 

Pakimdan (chewing betels together) Na-olia 

Alauwin (woman s rice-field jug) Na-oha 

Kalakal (edible water beetle living in Na-olia 

rice-field) 

Tobong (spit on which Icala kal are strung) Na-ona 

Tnipit di otak (holding bolo between toes to Na-oha 

cut meat with) 

Banga (cooking pot) Na-olia 

Hukup (lid for the same) Na-olia 

Duyu (dish) Na-olia 

Tayap di gatang (wings of the sale) Natauwin 

Tayap di mon gatang (wings of the seller) Natauwin 

Kindut (carried under the arm) Natauwin 

Inhida (eaten chicken) Natauwin 



Total 

Grand total ~ 



Pl.OO 

1.00 

.25 

.25 

.25 
.25 
.25 
.25 
.25 
.25 
.25 

.25 
.25 

.25 

.25 

.25 

1.00 

1.00 

1.00 

1.00 



1*29.00 



f*6.50 



f*9.50 
1*132.00 



*This payment is based on ideas of magic. It tends to cause the field to 
produce in like manner: that is, to produce enough and a surplus besides. 



48 University of California Publications in Am. Arcli. and Etlm. [Vol. 15 

B. TRANSACTIONS IN THE PURCHASE OF A FIELD IN BENAUE 
/. Payments on the property 

Budut nabungol (the jeweled budnut} 1*60.00 

Budut nadulpig (additional budut) 10.00 

Budut nadulpig (additional budut) 10.00 

Budut nadulpig (additional budut) 10.00 

Budut nadulpig (additional budut) 10.00 

Budut nadulpig (additional budut) 10.00 

Budut nadulpig (additional budut) 10.00 

Budut nadulpig (additional budut) 10.00 

Budut nadulpig (additional budut} 10.00 

Budut nadulpig (additional budut} 10.00 



Total (value of field, 15 pigs) .. ?150.00 

II. Additional payments made to the seller, his kindred, and the 

witnesses after payments of purchase price but before 

the ibuy feast 

Tayap di gatang (wings of the sale) P30.00 

Bobod (tie) 20.00 

Binangwa de bobod (half of the tie) 10.00 

Pinohat (carried under the arm) 8.00 

Dotag (meat) 5.00 

Gogod (cut) 2.00 



Total f*75.00 

///. Payments at ibuy ceremony 

To the witnesses: 

1 death blanket f*8.00 

1 death blanket 8.00 

Inagagong (kind of blanket) 5.00 

For distribution to seller s kin: 

10 chickens, Nunpatngan (?) 8.00 

Alaag (cooking pot of Chinese origin) 2.00 

Gogod, 1 bolo (the cutting off) 1.00 

Puguy (finish) r 2.50 

Linuta (cooked) 2.50 



Total 1*37.00 



Grand total .. P262.00 

One of the fine points in buying consists of an insidious hospitality 
on the part of the purchaser, which gets the seller and his kin drunk 
so that they forget some of their perquisites. At the psychological 
moment, that is, when a few, but not all, of the presents or lukbu 
have been made the seller and his kin, and when the latter are at the 
proper stage of drunkenness, one of the purchaser s kinsmen says: 
"Let us proceed with the praying." If lie is successful in getting 
the religious part of the ceremonies started, and can keep the minds 



1919] Barton : Ifugao Law 49 

of the seller and his kin from the unpaid gifts or fees until they eat, 
then the fees never have to be paid. For when they have started 
eating, everything is over. They may demand the unpaid fees only 
if they want to make themselves laughing stocks in the eyes of their 
fellows. For according to Ifugao law, when the seller and the pur 
chaser eat together at the ibuy feast, the transfer of ownership is 
complete, and irrevocable. 

Although possession of the property is given before the purchase 
price is paid, ownership of it is not, however, complete until after 
the performance of the ibuy. If one were to buy a field without per 
forming the ibuy ceremony, the presumption would be held that the 
field hod passed into his hands as a balal. It has been noted already 
that but one or two of the unit payments are made at the time posses 
sion is given, and that no particular time is set for making the rest 
of the various partial payments. At any time before the ibuy cere 
monial which forever transfers the field, the seller may demand a 
payment or all the payments, except the fees to the witnesses and his 
kin. He may do this as a matter of malice, or he may do it as a 
matter of necessity. He sends a monkalun, or go-between, to demand 
payment, The go-between and the buyer arrange a reasonable time 
usually not less than ten days within which the payment is to be 
raised. If it be not then forthcoming, the field may revert to the former 
owner, should the latter so desire, and be sold by him. He must, 
however, return immediately the entire amount of the partial pay 
ments made to date by the first purchaser. 

In case of such a transfer of a field as that described in the pre 
ceding paragraph, the same rules apply to the ownership of standing 
crops as apply in transfers of possession arising from the balal. 

But should the seller of a field, after having sold it to a second 
person, and after having received a part of the purchase price of the 
field from him, without consultation or notification, and without giv 
ing this second person a chance to make the final payments on the 
field, sell it to another, he must repay to the first purchaser double 
the amount of the partial payments made by the first purchaser to the 
date of the sale. 

Personal property is transferred without formality. 

48. Responsibility of seller after property has left his hands. In 
both Ifugao and Kalinga, if a rice field after passing into the hands 
of a purchaser, is subject to an unusual number of slides in the 
terrace wall, or is wholly, or in part washed away by a freshet, the 



50 University of California Publications in Am. Arch, and Ethn. [A r ol. 15 

purchaser may, at any time within the year following the purchase, 
relinquish the field and demand the return of his purchase price. 
This is on the ground that the seller may have put a curse on the 
field when it left his hands, or that, at least, he did not relinquish his 
hold on its welfare and fertility. 

In Kalinga, if a water buffalo, horse, or ox, die within the year 
following its sale, the purchaser may demand the return of the pur 
chase price. 

TEANSFEES OF PROPERTY ARISING FROM FAMILY RELATIONSHIPS 

49. Methods of transfer. Property is transferred within a family 
by two methods: by assignment and transferal during the life of 
the owner ; and by inheritance. 

50. Assignment and transfer of property during the lifetime 
of the owner. At some undefined time all the family property that 
one possesses is assigned to his children. By "assigned," I mean 
"provisionally allotted," subject to any legitimate charge or obligation 
against it. A family property is always subject to sale or pawn 
for the purpose of providing funeral feasts, sacrifices in time of sick 
ness or other grave necessity, payments of fines, and indemnities, 
made on behalf of lineal ascendants and descendants and near col 
lateral kin. The property is usually assigned when the children are 
quite small. 

Property is transferred (that is to say, possession is given) to the 
children when they marry and separate from the household of the 
parents. By the time the youngest child has so separated, or even 
before, the parents have become a charge on their children. It is 
only sometimes, in the case of the very rich, that a portion of the 
property is reserved. Childless widowed aunts or uncles usually 
transfer their property to those who would otherwise inherit it, and 
so become a charge upon those persons. 

51. Inheritance. It is only in case of the death of the parents when 
the children are very small, or of the death of a more distant relative 
from whom it is inherited, that the Ifugao receives property by 
inheritance. 

52. The passing of property between relatives because of relation 
ship. The same laws govern both the assignment and transfer of 
property while the possessor is yet living, and the inheritance of 
property. Of all Ifugao laws, they are the most definite and the most 
invariably followed. 



1919] Barton : Ifugao Law 51 

53. The law of primogeniture. By this law, the elder children 
inherit a greater portion of the property than the younger ones, the 
proportion being governed by the ordinal rank of the children as to 
birth. If there be but one rice field, the eldest takes it. Because of 
his greater wealth, the eldest is frequently the family leader, 
counselor, and advocate. He has no actual authority over his brothers 
and sisters, however indeed no person in Ifugao society has authority 
over another. 

54. The passing of property to legitimate sons and daughters ~by 
assignment or inheritance. 

(a) No distinction is made because of sex. 

(6) The greatest proportion of an estate goes to the eldest child. 

(c) If the number of children be greater than the number of 
rice fields, the elder children take the fields. If there be but one 
field, the eldest takes it. 

(d) If all the children inherit rice fields, the heirlooms and 
personal property are divided in accordance with the law r s of primo 
geniture that apply to real estate. 

(c) If there be children that inherit no rice fields, a slight com 
pensation is made them by giving them a larger share of the heir 
looms and personal property than would fall to their lot otherwise. 
This compensation by no means equals the value of the real estate 
they would inherit under our laws. 

(/) In the event of the death of either spouse before the property 
of the spouses has been allotted to the children, the living spouse 
allots the property to the children at the proper time. In this allot 
ment, the brothers of the dead spouse are usually called in consulta 
tion. The living spouse may not deviate from custom in allotting 
the property of the deceased. All the property of both the spouses 
must be allotted at this time. None may be held back. 

55. The passing of property to other relatives. In the appor 
tionment or inheritance of property in which blood relatives other 
than sons and daughters benefit, two general principles hold : 

(a) Property received from the father goes to the father s 
family; property received from the mother goes to the mother s 
family. The families of the two parents coalesce in, and are identical 
in, their children and their childrens descendants. 

(Z>) So near as may be, those persons inherit who would have 
inherited the property had the deceased never lived. It is only in 
the case of the childless that others than sons and daughters have 
rights in the property left. 



52 University of California Publications in Am. Arch, and Etlin. [Vol. 15 

// the deceased were unmarried, his property goes to his relatives 
in the following order: 

(1) To his brothers and sisters, if living. To the brothers and 
sisters descended from one parent, passes that portion of the property 
received from that parent ; to the brothers and sisters descended from 
the other parent, that portion of the property received from that 
parent. 

(2) To the nephews and nieces, the offspring of the brothers and 
sisters, or to their descendants. 

(3) To the cousins in order, first of degree, and second of primo 
geniture. 

// the deceased were married, in the the inheritance of his prop 
erty there are the following rules : 

(1) The living spouse inherits the sole right in, and possession 
of, half the property jointly acquired by the spouses subsequent to 
their marriage. It is not, properly speaking, the property that is 
inherited: it is the sole right in what was a joint possession before. 

(2) That half of the property jointly acquired by the spouses 
which is the share of the deceased, goes to his heirs, being divided 
(if his heirs be not his brothers and sisters or their descendants) 
equally between the heirs on the father s side, and those on the 
mother s side. 

(3) The property that the deceased brought to the marriage and 
that which he acquired subsequently owing to and by virtue of his 
relationship to his family, goes to the deceased s family. 

Personal property acquired by the deceased and his spouse is 
not, however, taken from the surviving spouse. The above applies 
only to family property. 

56. Property rights of bastards. Bastards usually inherit ap 
proximately half the property of a father who dies without legitimate 
children, the other half going to those who would be the sole heirs 
had the father died childless. But if there be only one field, the 
bastard takes it. 

Should a parent have only one legitimate child, the bastard 
inherits usually as if he were a younger legitimate child. 

A bastard is entitled to a rice field from his father if the father 
has a rice field that is unassigned to a legitimate child. He is not 
entitled to any special value of fields, and as a rule, receives less 
than his legitimate brothers and sisters if there be such. 

The above paragraphs apply equally to the bastard s right in 



1919] Barton : Ifugao Law 53 

the property of his mother. He has, however, no kin to enforce 
his rights against his mother. Since he is of illegitimate birth, the 
kin of the father are not in a position to enforce his rights against 
her; while his mother s kin would not take issue in any matter for 
him against their nearer kin, his mother. If the mother marries 
after the birth of the bastard, she usually makes a settlement on 
her bastard child before marrying. Not infrequently he who marries 
a woman having a bastard child recognizes that child as his own, 
and even assigns him a portion of his property. The following are 
examples : 

Dulnuan and Ngaliiu of Tupplak carried on a courtship, after the Ifugao 
fashion, in the agamang (dormitory). Ngahiu became pregnant; but Dulnuari 
refused to marry her. However, and notwithstanding the fact that he knew 
her to be pregnant, a third party, Baliu, married Ngahiu. From what motive 
he did this does not appear: it was probable that he gained financially, since 
Ngahiu was wealthier than he; and being pregnant as she was, she was in no 
position to stipulate too closely as to the property of the one who might 
become her husband. The bastard child, notwithstanding the fact that there 
were legitimate half brothers and sisters, was given fields by (a) his mother; 
(&) his natural father, Dulnuan; (c) Baliu, who recognized him as his son. 

E, a Christianized Ifugao woman, and a wife who had borne five legitimate 
children to B, her husband, was indiscreet in her relations with a Spaniard. 
She bore a mestizo child. B, her husband, did not proceed against his wife and 
her paramour according to Ifugao law and recognized the child as his own. 
The legitimate children except one having died, the bastard child inherited 
from his mother and his mother s husband as if he had been of legitimate birth. 

There is a Malay proverb which is used to describe the attitude of 
the husband in such cases as the above: "Although I did not plant 
the tree, yet it grew in my garden. 

The amount of property that parents settle on a bastard is to a 
great extent a matter of caprice. His rights to any property what 
ever, except a single field from his father, are decidedly weaker 
than those of children of legitimate birth, added to which he has 
not the right in any case to so great a portion of property. 

57. Transfers of property to adopted children. Customs relat 
ing to these transfers are as follows : 

(a) An adopted child related to only one of the spouses may 
inherit from that spouse only. 

(&) If the adopted child be a niece or nephew, he inherits or 
has assigned him all the property of the related parent ; provided 
that there be no brothers or sisters of the related parent except the 
adopted child s own blood parents. If there be other brothers and 
sisters, and if these brothers and sisters agree to help stand the 



54 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

funeral expenses of the adopting brother or sister, a small part of 
the property is given them. But the adopted child inherits the 
greater part of the property. 

(c) If the adopted child be the son or daughter of a cousin, there 
is assigned him, or he inherits all the property that his parents would 
inherit in case of the death of the related parent, and a portion in 
addition. Should the parents not be in the position of being likely 
to become heirs to the related adopting parent, the adopted child 
inherits, or has assigned him, only a minor portion of the estate. 
If there be no brothers and sisters of the parent by adoption, he 
may have assigned him the greater portion of the estate, however. 

(d) If the adopted child be not related by blood to either of the 
parents by adoption, he inherits, or has assigned him, a small por 
tion of the estate of both adopting parents. The kin of these parents 
take the lion s share of the estate. 

(e) If the adopted child marry a kinsman of the unrelated 
adopting parent, the unrelated parent usually settles on the spouse 
of the adopted child, an amount of property about equal to that 
settled on the adopted child by his kinsman, his other adopting 
parent, subject, however, to the four rules above. 

(/) It is optional with the blood parents of an adopted child to 
settle no property on him, in case the parents by adoption provide for 
him in this respect. 

The above settlements are customary. They can hardly be said 
to be rights, however. Often when a child is adopted, his blood parents 
stipulate with those who adopt as to the property settlement that will 
be made on the child. 

58. Servants and slaves as inheritors. Retainers have no rights 
whatever as to the property of their masters. Frequently, however, a 
small field is settled on them. 

59. Wills and testaments. There are no wills or testaments among 
the Ifugaos. If a man desires to make a settlement of his property 
that is out of the ordinary, he must do it before he dies. Even then 
he would have to get the family s consent to the unusual features. 
Ifugao parents are singularly impartial in the allotment of the family 
property to their children. That some children are not loved more 
than others is unbelievable ; but it is exceedingly rare that any child 
is favored above another in property settlements, except by the law 
of primogeniture. There is always a lot of talk in connection with 
the assignment or inheritance of family property in the matter of 



1919] Barton: Ifugao Law 55 

talk the Ifugao is not different from other Malays. But it is not 
often that permanent ill feeling is engendered in such settlements. The 
laws of the descent of property are, as has been said, the clearest and 
most concise of all Ifugao laws. 



SETTLEMENT OF DEBTS OF THE AGED AND DECEASED 

60. When the debtor has children. At the same time that the 
wealth of the family is apportioned to the children, account is taken 

/of the debts owed by the family. The debts may or may not be indi 
vidually apportioned among the children. // the eldest child inherits 
or receives any property, the obligation of primogeniture holds as to 
the debts ; that is to say, he is responsible for the payment of a greater 
proportion of them. Otherwise all the children are equally responsible. 
There are many cases in which the debts that are handed down by an 
Ifugao 7 s parents greatly exceed the property handed down. 

Children who receive no family property are not responsible for 
the payment of the debts of the parents, provided there ~be a child or 
children that do receive family property. The apportionment of the 
debts of the deceased must be in proportion to the amount of prop 
erty received. If none receive family property, all are responsible 
for payment. 

61. When the debtor is childless but leaves a spouse. A spouse is 
responsible only for those debts incurred in behalf of the couple s 
mutual interests : for example, debts incurred in obtaining animals 
for sacrifice in case of sickness of the children of the couple, or for 
sacrifice at the funeral feasts of the children, or for the purchase of 
rice fields or other joint possessions of the spouses. A spouse may 
not be held for debts incurred in the purchase of animals for sacrifice 
at the funeral feast of a member of the other s family (except for the 
pig and death blanket due from her family in such cases), nor for 
debts incurred in paying fines or indemnities levied as a result of the 
other s misdoing. A spouse may not even be held for debts incurred 
in providing sacrifices to secure the recovery of her husband from 
sickness (except for the pig due as stated under section 13; however, 
this pig is really her own obligation). 

62. Debts for icliich the kin of the deceased are held. When a 
debtor dies childless, the kin who inherit, if there be such, must pay 
debts that were incurred on behalf of their family. They are, too, 
jointly responsible with the wife, for these debts incurred on behalf 



56 University of California Publications in Am. Arch, and Etlm. [Vol.15 

of the debtor s descendants. If there be nothing inherited, all the kin 
are responsible for these debts in proportion to nearness of the kinship. 

It is a matter of doubt as to whether a man s kin or his spouse 
can be held for his gambling debts. Such debts are purely personal, 
and are about the only debts that an Ifugao contracts in his own selfish 
interest. The Ifugaos did not gamble heavily, at least not before the 
coming of the Spaniards ; since their coming, custom in this matter 
has not had time to crystallize. 

63. Attitude toward debts. A debt is a sacred thing to an Ifugao. 
The non-payment of a debt is disgraceful. The non-collection is still 
more disgraceful, for the presumption is that a man who does not 
collect from his creditors cannot do so. If he cannot collect his debts, 
it must be because he is a coward. In the babbling that prevails about 
the rice-wine jar when tongues are loosened, one who has debts long 
outstanding that other men would collect, hears things not calculated to 
tickle his pride. 



BOEEOWING AND LENDING 



To a far greater proportionate extent is borrowing and lending 
carried on among the Ifugaos than in our own country. Almost any 
event that carries with it a large payment or expenditure carries with 
it as a corollary a large amount of borrowing. The things usually 
borrowed are death blankets, animals for sacrifice, and rice. 

64. Lupe, or interest. Interest on things borrowed is exceedingly 
high. But where borrower and lender are brothers, no interest is 
charged ; where they are kin of somewhat remoter degree, a low inter 
est, as a rule, is charged. In any case a special agreement may be 
made by which the interest is not as high as usual. It may be stated 
as a general principle that a thing borrowed must be repaid by twice 
its value if paid soon that is within a year or even two years. But 
if repayment be made after a long time, three perhaps, four times 
the value must be repaid. The Ifugao does not hold to the calendar 
very severely in reckoning interest. But where full interest is charged, 
the rule is that a thing borrowed must be repaid by twice its value, 
even if it be paid within two weeks. Thus rice borrowed two weeks 
before harvest time must be repaid by double the quantity immediately 
after harvest. 

65. Patang, or interest paid in advance. This is the Ifugao form 
of bank discount. It is interest paid in advance for one year. On a 



Barton: Ifugao Law 57 

carabao (worth usually about eighty pesos) this amounts to thirty 
pesos a year. At the end of the year if the carabao be not paid back, 
the patang must be followed by a second payment of the same quantity, 
called unud, 1 1 following, for the next year. If it be intended to repay 
the carabao within three months, the interest in advance is ten pesos, 
and is called baloblad. 

66. Another form of patang. Somewhat similar is the fee or inter 
est paid to the owner of anything seized by a man of a different district 
or village to cover an unpaid indebtedness owed the latter by a neigh 
bor or co-villager of the former. It is the amount of interest usually 
paid for one year ; but there is no unud rr further payment, since it 
is presumed that by the end of the year the delinquent neighbor ought 
to have been compelled to pay. 

Thus A of one village owes C of another village a debt. After sev 
eral fruitless attempts to collect, C seizes a ca rabao belonging to B, 
a co-villager of A. C sends a go-between^to pay B thirty pesos, telling 
him of A s debt, and informing him that hejnust get his carabao back 
from A. 

GO-BETWEENS 

67. The go-between. No transaction of importance of any sort 
between persons of different families is consummated without the inter 
vention of a middle man, or go-between, called monbaga (bespeaker) 
in civil transactions; and monkalun (admonisher) in criminal cases. 

Go-betweens are used commonly in (a) buying and selling of family 
property of whatever kind or value ; ( b ) buying and selling of animals 
and the more valuable personal property, except chickens, and in some 
cases pigs; (c) the borrowing of money or other wealth; (d) marriage 
proposals and the negotiating of marriage contracts; (e) collection of 
debts ; (/) all steps connected with the balal, such as pawn of rice fields, 
or their redemption ; (g) demands for damages to property or persons ; 
(h) the buying back of heads lost in war, the ransoming of the kid 
napped, or the making of peace. 

The go-between is the principal witness to a transaction. For his 
services he receives pay which is fixed to a fair degree of exactness 
for a particular service. This pay ranges from a piece of meat to a 
fee of twenty or twenty-five pesos. 

68. Responsibility of go-betweens. Go-betweens are responsible to 
both parties to a transaction, for the correct rendering of tenders, 
offers, and payments. Their word binds only themselves, however 



58 University of California Publications in Am. Arch, and Etlin. [Vol. 15 

not their principals. Go-betweens are not agents of one party more 
than another. They are supposed to be impartial, and interested only 
in consummating the transaction involved in order to get their fee. 

Thus, suppose that A sends B as a go-between to sell a field to C, 
a man of another district. B finds that he cannot sell the field for 
the price A asked for it, and, anxious to consummate a sale and so 
collect his fee, he agrees to sell the field to C for a lower price than 
that asked by A. 

In such a case as this, B is responsible to C in case A refuses to 
abide by C s agreement to sell. C has the right to collect damages. 

The oriental propensity to "squeeze" is proverbial. It is con 
doned in law one might almost say legitimized, provided it be not 
found out. Thus : 

A sends B to Nueva Vizcaya to buy a carabao. The regular commission for 
this service is ten pesos, the agent to deliver a living carabao to the principal, 
and to be responsible for the value if the carabao die on the route. This, the 
usual agreement, holds between them. A furnishes B with eighty pesos with 
which to purchase the animal. B returns with the animal, representing that 
he paid seventy pesos for it, when, as a matter of fact, he paid out sixty pesos, 
thus gaining ten pesos squeeze." 

If A finds out that B paid only sixty pesos for the carabao, the only tiling he 
can do is to collect the ten pesos difference between what A paid and what he 
said he paid. He cannot assess punitive damages. 

68. Conditions relieving a go-between of responsibility. An act 
of God or the acts of a public enemy relieve a go-between or an agent 
from responsibility. Thus an agent sent to purchase an animal in 
baliwan (the stranger country) is under obligation to deliver it alive. 
But if it be struck by lightning, or if the carabao be taken away from 
him by enemies, and he has a wound to bear witness that he offered 
due resistance to them ; or, in case he has no wound, if he has witnesses 
or good proof of the fact that the enemy was so superior in force as 
to make resistance foolhardy, he cannot be held for payment of the 
animal. 

70. Payment due those wlio find the body of one dead by violence. 
An Ifugao who finds the body of one dead by violence or drowning, 
and not an inhabitant of the same district as himself, must perform 
a general welfare feast to remove the liability to misfortune that is 
likely to result from such an incident. Consequently, he is entitled 
to a payment, varying from one to ten pesos, according to the rank 
of the dead person. If there be more than one who encounter the dead 
body, all are entitled to the same payment. This payment is called 
lialat. 



1919] Barton: Ifugao Law 59 

CONTEACTS FOR THE SALE OF PROPERTY 

71. On whom binding. Contracts for the transfer of property for 
consideration are binding on the seller only. Rarely, if ever, is there 
a payment to bind the bargain. The simple promise to sell is suffi 
cient to constitute a contract to sell. The breaking of a contract to 
sell renders the breaker of the contract liable for damages only in 
case he took the initiative in making the contract. 

Damages paid for the breaking of a contract to sell, are called 
hogop. In case an agreement to sell a rice field is broken, the damages 
are usually one large pig (fifteen or twenty pesos). In the case of 
questions of this sort over minor property, the hogop may be a death 
blanket, a small pig, or a chicken. 

The following examples will serve to illustrate : 

A sends B as a go-between to sell a rice field. B first contracts to sell the 
field to C. Later, knowing the terms of the sale offered by A to be very advan 
tageous, he sells the field to a kinsman D. 

In this case B is liable for the hogop to C. 

In the above case B, after contracting to sell the field to C, duly reports to 
A that C has accepted the terms offered, and that he is raising the amount 
required for the first payment; that he will go again by agreement with C to 
receive this first payment on such and such a day. A sells the field to some 
body else. 

In this case A is liable to C for the liogop, and to B for his fee as go-between. 

It becomes a matter of common knowledge that A has a gold neck-ornament 
for sale. C agrees to purchase at the stated price and A agrees to sell to him. 
A sells the ornament to somebody else. 

A is not liable for the hogop, for the reason that C made the first advances. 

In no case can one who makes a contract to buy be held for any 
payment of damages for breaking his contract. 

IRRIGATION LAW 

72. The law as to new fields. If all the land below a spring or 
small stream located on ownerless land, be common land that is, 
land without an owner he who makes the first rice field below the 
source of the water supply is entitled to all the water needed for his 
rice field. Another man, making a rice field between the field of the 
first comer and the source of the water supply, may not use the spring 
or stream to the detriment of the first comer. 

But should a man make a field, be it on common or on owned 
land, below a spring or stream, and should another man make a field 
between the first field ^nd the source of the water supply on owned 
land, the second comer would have the right to whatever water might 
be useful to him. 



60 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

73. The law as to water. Water which has been flowing to an 
area of irrigated land may under no circumstances be diverted to 
irrigate a different area, even though that area be nearer the source 
of the water. 

A person who acquires rice fields, one of which is near the source 
of the water supply and the other at a considerable distance from it, 
may not pipe or trough the water from the upper field to the lower 
one if the water has meantime been irrigating an intervening area. 
Thus : 

Manghe of Ambabag, having a field near Baay, acquires a field near Amba- 
bag, about a quarter of a mile upstream from the first. He threatens to put a 
line of troughs from one field to another so as to supply sufficient water to the 
lower field. This action would rob intervening fields of their accustomed water 
supply, and would be illegal. 

A spring belongs to him on whose land it is situated, and so also 
does all. the water issuing from the spring. The owner may sell the 
surplus water to whom he pleases. The water rights so sold are 
perpetual. Thus : 

A has a rice field in which there is a spring. He sells the water to B, whose 
field is to one side perhaps at a considerable distance from A s. C has a field 
immediately below A s. He purchases A s field and unites it with his own. 
But he may not divert the water from A s original field to his own original 
field, unless he buy the water right from B. 

74. The law as to irrigation ditches. Constructors of an irrigation 
ditch may sell interest in the ditch. The ditch thus shared with 
others becomes an equal burden as to upkeep on all the owners. 

The constructors of an irrigation ditch who have sold part of the 
water from their ditch, must share the water in time of water scarcity 
with those to whom they have sold, in proportion to the respective 
areas of the rice- fields. That is, every owner of an irrigation ditch 
is entitled to a share proportionate to the area of his rice land, of 
the water diverted by means of the ditch. 

Repetition of the malicious destruction of an irrigation ditch, or 
the turning of the water from it or out of it, is an offense punishable 
by fine or even in some cases by death. The first offense, when the 
culprit is discovered, is not punished ; but there is a warning against 
repetition. 

Diversion of waTer frorrTan irrigation ditch in which the diverter 
has no interest is not a very serious offense. On the first offense the 
diverter is warned. If he repeats it, all the water is drained from 
his field or he is given a beating. 



1919] Barton : Ifugao Law 61 

PENAL LAW 

PENALTIES 

The Ifugaos have two punishments for crime: the death penalty 
and fine. These punishments are inflicted and executed by the 
offended person and his kin. 

75. Nature and reckoning of fines. Fines are of two sorts: fines 
of "tens," bakid, and fines of "sixes," na-onom, each unit of the ten 
or six being a portion of the whole fine. The different parts of the 
fine go to different people. Oftentimes sticks, knots, or notches are 
used to assist in calculation. In Banaue and neighboring districts 
these aids to calculation are also kept as a record. The unit payments 
grow successively smaller from the first to the last. 

The first unit of any series is called pu-u, meaning "base." It 
is of the greatest value, and goes to the injured individual. The 
second payment, sometimes, goes to the go-between. In that case, the 
kin of the injured man take all the rest. If the fee, of the go-between 
be provided for outside of the fine, the kin of the injured man take 
all except the pu-u, the first unit, This is but just, since they have 
backed their kinsman in his action against the offender, have per 
chance risked their lives in his cause, and also stand ready at all 
times, to help pay any fines that others may assess against him. 

The second, and sometimes the third and fourth units, are called 
hay mil} di pu-u, meaning "followers of the base." They are of less 
value than the pu-u.^Then follow units consisting, each, of four irons 
(spear-heads, axes, knives). These units are called natauwinan. 
Then come units of three irons each, called natuku; then units of two 
irons each, called nunbadi; then units of one iron each, called na-oha. 
In the case of fines composed of six units, there is usually no hay nub. 

The Malay does nothing without first thoroughly talking it over. 
After a payment has been tentatively consented to by the offender 
and his family, there yet remain many conferences with the go-between 
before everything is arranged. An uninitiated white man on seeing a 
group of these people, squatted in a circle, moving little sticks about, 
and in heated discussion, might think they were playing some primi 
tive but absorbing native game. And, I am not sure that the attitude 
of their minds is very different ! 

The following tables of fines assessed for the four degrees of 
adultery illustrate the manner of reckoning fines, their amounts, the 
value of the units, as well as the fines proper to the three classes of 
society in the Kiangan district. 



62 



University of California Publications in Am. Arcli. and Ethn. [Vol.15 




pq 

rv! 

EH ^ 

O rf 



EH rt 
O 



3000000 o i o 

000010 10 c 



3 J 

o 

r_i O 



o 



rH CM CC * O CO 



g hr " - ft 

o co i- cc o o ^ //r ~ 

^^ 0< 

S C3 C CO 

s ~ s " ** 



r- rH r- IO 



-, 

ft, 2 =2 2 



!j U , Z-X I ^ r =2 * 



1919] Barton: Ifugao Law 63 

CIRCUMSTANCES WHICH AFFECT PENALTY 

Certain circumstances, namely, criminal responsibility, alienship, 
kinship, confession, and the relative 1 rank of offender and offended, 
affect penalty, either as to its severity or as to the likelihood of its 
being inflicted at all. 

76. Moral turpitude not a factor. Moral turpitude, which plays 
no small part in our own law in determining punishment, seems not 
to enter into the consideration of Ifugao law. Thus, such crimes as 
incest between brother and sister, parricide, matricide, fraticide, and 
treason against one s family, all go unpunished. Even the betrayal 
of a co-villager into the hands of the enemy subjects the offender to 
only a third degree of likelihood of being punished (see sec. 80). 
These crimes probably go unpunished in accordance with the follow 
ing correlated fundaments of Ifugao society : Legal procedure is con 
ducted by and between families ; the family unit is the most precious 
thing in Ifugao social life; family unity must, at all hazards, be pre 
served. In the case of a murder accomplished by treachery, as for 
example, the killing of a guest, the moral turpitude involved might 
perhaps hasten punishment it might even increase its severity in 
that the kin of the murdered person might retaliate on a greater 
number of those concerned in the murder. But such an abuse of 
hospitality appears never to have occurred. 

Another reason why what we consider moral turpitude does not 
enter into punishment is that treachery, ambush, and accomplishment 
by superior force are the rule, not only in commission of crime, but 
also in perfectly legal capital executions and seizures of property. 

PENAL RESPONSIBILITY 

As between principals and their accomplices and accessories, 
Ifugao law recognizes only gradations in likelihood of punishment. 
The penalty is the same for all of them ; but very frequently the 
offense is considered as having been expiated by the punishment of 
those whose responsibility for it is greatest, and the rest go free. 

77. The nungolat, or principal. The nungolat (he who was 
strong) is the conceiver, planner, and director of an offense. He may 
or may not take an active part in its commission. Whether or not 
he does so, he is considered to be responsible for it in the highest 
degree. He is, of all who take part in the offense, the most likely to 
be punished. 



64 University of California Publications in Am. Arcli. and Ethn. [Vol. 15 

The following example, continued through several succeeding 
sections, shows the various degrees of criminal responsibility, and the 
corresponding degrees of likelihood of punishment : 

A decides to avenge the death of a kinsman. He consequently calls a 
number of his kinsmen and proposes a war expedition to take the head of Z, 
an enemy concerned in the death of the murdered kinsman, in another village. 
They agree. A calls the family priests to his house to perform the necessary 
religious preliminaries to setting out on a head-hunting expedition. The cere 
monies are performed, and the omen of the bile sac promises well. But, just 
before starting, some accident happens to A, which the priests attribute to the 
sorcery of the enemy. A consequently does not accompany the expedition. 
He is, notwithstanding, the nungolat, and is more likely to be the object of 
vengeance than any other, should the crime be accomplished. 

78. The tombok, or "thrower." In offenses in which a spear is 
thrown, he who throws the effective spear is called the tombok. His 
responsibility for the crime is second to that of the nungolat, as is 
also his likelihood of being punished. 

79. Iba n di nungolat, the "companions of the one wlw was 
strong."- Those who assist in the commission of a crime by reinforc 
ing, accompanying, assisting, backing, giving aitr* and comfort to the 
committer thereof, or furnishing. .anything needful to the consum 
mation of the crime incur the next lesser degree of criminal responsi 
bility and of likelihood of being punished to those of the conceiver and 
committer of the crime. 

80. The montudol, "slwicer," or informer. One who gives a per 
son in the act of committing a crime information necessary to the 
successful carrying out of his intent, is guilty in the same degree 
as are persons of the preceding paragraph. 

Thus, continuing the illustration started above, suppose that B, C, D, E, F, 
G, H, and 1 go to take the head of A s enemy and theirs. They meet O, a co- 
villager of Z, the man whose head they want to take, and ask him regarding 
Z s whereabouts. The fact could not be otherwise than patent to O, that a 
head-hunting party was addressing him. He answers truthfully that Z is in 
his sweet-potato field, and that the party may reach the field by such and such 
by-path without their being seen by Z s kin or co-villagers. The party folloAvs 
O s directions. B spears Z. 

B is the tombok ; G, D, E, F, G, H, and I are the "companions of the one 
who was strong," and O is the montudol. 

81. Servants who commit crimes at the bidding of their masters. 
Retainers incur a lesser degree of criminal responsibility than does 
the master. They will be punished if the master cannot be punished. 
Sometimes both are punished. 



1919] Barton: Ifugao Law 65 

82. Likelihood of punishment. 

(Continuation of illustration given above.) Z s kinsmen of course decide 
to avenge his death. It is a general rule that all debts must be paid with liberal 
interest, the interest being at least equal to the debt. The debt of life is no 
exception to this rule. The kinsmen, whom we will call Q, K, S, T, and U, 
decide that, at least, they will kill A, the nungolat, and B, the to ml) ok, and that 
if opportunity offers they will kill one or two of the others. They go to the 
vicinity of the village of A and B and lie in wait for them. They may do this 
a number of times. Finally we will suppose that they kill A. Their thirst for 
blood is somewhat appeased, and they may not pursue their first intention. But 
it would be the part of wisdom for B to be extremely cautious. Z s kinsmen 
are likely to make an expedition or two to take his head. 

On the other hand, suppose that A dies a natural death or falls in some other 
feud. The full likelihood of punishment now falls on B. 

Suppose that B, H, and O walk past the place of ambush of the avengers. 
The latter will try to make sure of B, but will also try to kill the other two. 

Suppose that B, like A, meets death in some other way than at the hands of 
Z s avengers. C, D, E, F, G, H, I, and are now equally likely to be punished. 

In case several unsuccessful expeditions are made to secure the head of A 
and B, the avengers are likely to take a head or heads from some of the others 
rather than continually to place themselves in jeopardy by their expeditions 
into an enemy region. Especially is this true if the enemy s village be distant. 
If the villages be near, it is probable that C, D, E, F, G, H, I, or O might walk 
past the ambush of the avengers at first with impunity, since the avengers are 
desirous of taking the heads of the principals, and do not want to put the 
principals on their guard by slaying those whose guilt is less. 

83. Drunkenness and insanity in relation to criminal responsibil 
ity. Except in the case of murder, drunkenness mitigates the severity 
of punishment, provided there he no evidence to show that the cul 
prit became intoxicated with the intent to commit the crime, and 
provided he sincerely repents on becoming sober. Even insanity is 
not an alleviating circumstance in the case of murder ; but it is one in 
all other crimes. 

84. The relation of intent to criminal responsibility. Gulad or 
intent, is probably the greatest single factor in determining penal 
responsibility. Thus : 

A deed committed without intent, and without carelessness, is 
excused. One has not, usually, even to make restitution for the 
injury done. Thus, in the case of a bolo flying out of a man s hand, 
and putting out the eye of another, no damages were assessed. An 
enormous number of men, every year, are injured in the free-for-all 
scrambles over sacrificed carabaos. Many of these injuries result in 
stiff joints ; some of them in deaths. In no case, not even in the case 
of death, is a payment demanded. Suppose that in the chase a num 
ber of hunters have surrounded a wild boar. The boar charges one 



66 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

of them. This man leaps backward, and, at the same time, draws 
back his spear to throw it at the boar. In so doing, he stabs a com 
panion behind him with the shod end of the spear handle. This is 
not an uncommon accident. The others of the party are witnesses 
that the killing was purely accidental (naloktat) . No fine is assessed ; 
but the killer, to show that he is sorry, usually assists in the funeral 
feast. Of course, if there were no witnesses, and if there were a 
possible motive to complicate matters, the ending of the case might 
not be so happy. 

Suppose that a number of men are throwing at a target with their 
spears. A child runs in the way, and is killed. One-half the usual 
fine for manslaughter is assessed on the ground that the thrower was 
careless in that he did not make sure before he threw the spear that 
such an accident could not occur. In this case there was an absence 
of intent ; but carelessness was present. 

A man kills a neighbor at night, acting under the impression that 
he is killing an enemy seeking his life. He is subjected to a much 
heavier fine than if he had killed him through carelessness, since there 
is present both the intent to kill, although not criminal, and careless 
ness in that he did not make sure at whom he Avas casting his spear. 13 

OTHER FACTORS AFFECTING LIABILITY 

85. Alienship. If the culprit be of a foreign village, the fact that 
he is a foreigner is a strong aggravating circumstance. If found in 
delict o f he is almost sure to be killed, in cases of theft or the more 
serious crimes. In such crimes as insult, the same fine might be 
demanded of the foreigner as of a co-villager, but not so much effort 
would be made to arrange matters peaceably. If the fine demanded 
be not paid and paid quickly, a kidnapping would ensue, or the cul 
prit would be killed. A man committing a minor crime in a foreign 
village if not killed would be caught, tied, and held prisoner until 
redeemed. 

86. Confession. Confession before steps have been taken to inflict 
punishment alleviates to a considerable degree except in murder and 
adultery. In the latter case, if the adulterer made a voluntary con 
fession of guilt to the offended spouse, without having been confronted 
with the evidence, it would be taken as brazen boasting, and of the 
nature of an insult. 



13 In one ease, to be hereafter considered, the absence of both intent and 
carelessness do not excuse (see sec. 105). 



1919] Barton: Ifugao Law 67 

87. Kinship. Kinship is so strong a mitigating circumstance as 
often to excuse crime altogether. It has already been stated that 
crimes of one brother or sister against another are not punished. 
Inasmuch as all procedure is conducted by and between families, and 
since the family of the two brothers is identical, procedure in such 
cases is impossible. In the case of relatives of remoter degree, kin 
ship is a strong extenuating circumstance in the event of the more 
serious crimes. In minor crimes, while the usual amount of the fine 
might be demanded, it would very frequently not be collected; espe 
cially, if the offender were very poor. 

It has previously been said that the family is the only organization, 
political or social, that the Ifugao has, and that, in proportion as it is 
precious and necessary to him, he cherishes it ; that Ifugao law, conse 
quently looks with the greatest disfavor upon anything that would 
divide a family or destroy its unity. 

In case a man steals from his cousin, who is married, restitution 
is usually demanded, together with half the usual fine, which half 
goes to the cousin s spouse not to himself. Insults on the part of 
one cousin to another are rare and are more rarely prosecuted. 

88. Rank and standing in the community. This is probably the 
greatest single factor in determining the severity of punishment in 
cases where a crime is punishable by fine. But the aggressiveness and 
the war footing of the two parties to the controversy enter even here 
to an astounding degree. 

In the Kiangan-Maggok area, there are three grades of fines the 
highest for the punishment of crimes of one kadangyang or rich man, 
against another; a medium grade for crimes of persons of the tumok, 
or middle class, against each other ; and a third and lowest grade for 
the nawatwat, the poverty stricken. 14 Each lower grade of fine is a 
little more than half the next higher one. 

In the Kababuyan area, there are five grades of fines one for the 
very rich, one for the fairly rich, one for the middle class, one for 
the poor, one for the poverty stricken. In Sapao and in Asin, there 
are four grades. 

So long as both offender and offended are of the same class, there 
is no trouble about determining the fine proper in a given case. But 
when they are of different classes, the case is not so simple, and the 
factors of fighting strength and personality enter. 



14 Kadaufiyattft : an upper-class person. In most parts of Ifugao persons must 
give expensive feasts to attain this rank. Tumok: persons who have enough 
rice to last them throughout the year, but who do not sell rice. Nawatwat: 
persons who are poverty stricken. 



68 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

Suppose that R, a rich man, commits adultery against P, a poor man. P 
sends a go-between to demand the highest grade of fine for this crime that is, 
the grade which Tcadangyang pay. R does not deny the crime, but states that 
he considers the payment of the fine that is due one rich man from another 
preposterous. He states that he is willing to pay the fine proper to the poorer 
class. To this P replies that he did not begin this action for the purpose of 
getting money, but for the purpose of so punishing R as to make a repetition 
of the crime improbable. There are three possible endings in such a case: 

(a) P s kin represent to him that they cannot afford to have war with R; 
that R s people hold a lot of debts over their heads; that should R prove 
obdurate, and should the affair end in a lance throwing, R s people would wipe 
them off the earth. They advise P to be satisfied with the lowest grade of fine. 
He agrees. 

(b) P and R compromise on the grade of fine that is midway between their 
stations; that -is, the fine of the middle class. In Kiangan this is the usual 
settlement. 

(c) P shows such bun got (wrath and ferocity) that R s kin advise him to 
pay the larger fine. They point out that the fine is a small matter as compared 
with the loss of life, and state that there is no telling what this poverty-stricken 
but rampant dog will do. This settlement is not uncommon in the Kiangan 
area, where the poor people have a great deal of pride and bravery, but rare 
in other parts of Ifugao. 

Aside from other matters, the diplomacy and tact of the go-between would 
have a great deal to do toward determining which of these contingencies would 
result. 

It is extremely hard to make a general statement as to fines when 
offender and offended are of different classes. It may safely be said 
that the fines assessed average the amount midway between the fines 
proper to the two classes concerned. Thus, when a poor man offends 
a rich man, and when a rich man offends a poor man, the average of 
the fines assessed equals approximately the fine assessed for injuries 
within the middle class. In questions in which rich and middle class 
persons are involved, the fines approximate an amount half way 
between the fines of the rich and of the middle classes. 

89. Importance of influential position and personality. The fact 
has already been mentioned (see sec. 4) that Ifugao administration of 
justice is remarkably personal in nature. We have just seen, in the 
example given in section 88, to what an extent personality and war- 
footing enter into the infliction of fines when offender and offended 
are of different classes. Nowhere can a man of magnetism and force 
reap greater benefit from these qualities, relatively speaking, than in 
an Ifugao controversy. The fact stares us in the face in every phase 
of Ifugao law, especially in procedure. 

89a. Cripples and unfortunates. Cripples and those afflicted by 
disfigurements or disfiguring diseases are often in a desperate mood 
for the reason that life is not at all precious to them. They are likely 



1919] Barton: Ifugao Law ^9 

to be erratic and to constitute exceptions in punishment of crimes and 
procedure. I remember a case that happened in Baay District a few 
years ago which illustrates to what extent determination and absolute 
abandon to a single purpose are valuable in carrying a point in Ifugao 
procedure. I did not make note of the names but shall designate 
the rich man as R and the poor man as P. P was afflicted with the 
disease hiphip probably ichthyosis a skin disease in which the skin 
becomes white, rough, and scaly. R met P one day and sneered at 
him, saying, "Although you have neither fields, gongs, nor jewelry, I 
see that you have become a kadongyang, for you are wearing a white 
coat" (referring to the skin disease). P became violently angry but 
restrained himself from assaulting R. He calmly informed R that 
for this insult he fined him a large and valuable field, R s property in 
Dayukong ; that life meant little to himself, and that if R resisted and 
interfered with his taking possession of the field, he would certainly 
kill him. P further stated that he knew that R s kin would retaliate 
and that he would lose his own life but that he did not care since he 
was miserable anyway. None of the women would deign him their 
favors and being poor well, what was the use of living ! P carried 
his point and maintains possession of the field to this day. Having the 
field, he managed to get a wife, who, although homely, has borne him 
two or three children who are not afflicted with his disease. 

Another case in point is the following: Piklud, a fairly wealthy 
man of Kurug, was paralyzed from the knees down and in his locomo 
tion he had to crawl on all fours. He loaned a neighbor a chicken. 
There was a quarrel over the repayment of this which left ill feeling 
between the two. A little while after the quarrel, the neighbor met 
Piklud crawling along the path through the village, and called to him 
as to a dog, "Doa! doa ! de-de-de!" Piklud pretended not to notice 
and even feigned amiability. He gossiped a little about the drought 
which was parching the rice fields. Finally he said, "Let me see your 
spear." He felt the edge and then with the Avords, "It is pretty 
sharp, isn t it?" he thrust it upAvard into the other s abdomen. 

THE PRINCIPAL CRIMES AND THEIR FREQUENCY 
90. List of offenses. In the Kiangan-Nagakaran-Maggok area, the 
principal crimes, in order of their probable frequency, are : sorcery ; 
adultery; theft; murder (or in the case of women and children, kid 
napping) ; the putting of an innocent person in the position of being 
considered an accessory to crime ; manslaughter ; rape of a married 
woman; arson; incest. Minor crimes are: insult; slander; false accu 
sation ; rape of a girl. 



70 University of California Publications in Am. Arch, and Etlin. [Vol. 15 

SOKCERY 

91. The ay ok (soul-stealing) is a series of religious ceremonies in 
which the sorcerer calls to a feast the ancestral spirits of some man 
whose death he desires to encompass, together with many maleficent 
spirits and deities, and bribes them to bring to him, incarnated as 
a blue-bottle fly, a dragon fly, or a bee, the soul of the man whose 
death he desires. When one of the insects mentioned comes to drink 
of the rice wine in front of the sorcerer, it is imprisoned and put into 
a bamboo joint tightly corked. The enemy, being thus deprived of 
his soul, will die. 

This form of sorcery cannot be practiced unless the sorcerer knows 
the names of the ancestral spirits of his victim-to-be. For this reason, 
when the Lamot people, who are famous sorcerers, come to Kiangan 
and approach a religious feast, the Kiangan people do not invoke their 
ancestral spirits until after the visitors have gone. Needless to say, 
sorcery is always practiced in secret. It sometimes happens that it 
is practiced by a man against his kin. In such a case, kinship does 
not extenuate his punishment, since the preservation of the family 
necessitates the extirpation of the sorcerer within its gates. This 
is the only exception I know of to the general rule that a family may 
not proceed against one of its members. 

92. Other forms of sorcery. Certain persons have an evil "cut" 
of the eye, which, whether they wish it or not, brings misfortune or 
sickness on whomsoever or whatsoever they see. Injury by means of 
the "evil eye" may be effected intentionally or entirely uninten 
tionally. 

The words of certain persons even though innocent and uncon 
nected with evil, and though spoken as they usually are without 
malicious intent, have the quality of bringing whatever is spoken 
to an evil end. 

Thus A, afflicted with the "blasting word," goes to the house of B, and, 
seeing a sow with a litter of handsome pigs, remarks, "That s a fine litter of 
pigs you have! " If A be truly afflicted with the blasting word, the pigs will 
die, even though A was without intent to do injury, and was even ignorant of 
his affliction. 

The evil eye and the blasting word are frequent afflictions afflic 
tions that their possessor is the last to learn about. They may be 
cured by the possessor s offering sacrifices of the proper sort. In the 
event of injury unintentionally being done by evil eye or blasting 
word, no punishment is meted out, although in some cases restitution 
is demanded. 



Barton: Ifugao Law 



71 



Curses are of two kinds: directly by word, and indirectly by 
curses laid on food, drink, or betels. Kiangan people are afraid to 
purchase rice from the Lamot people to the south of them through 
fear of being affected by curses that may have been laid on the rice. 

93. Punishment of sorcery. Sorcerers are not punished hyster 
ically. To his credit, it must be said that the Ifugao proceeds slowly 
in condemning a person for this crime. Before he takes action, he 
demands not merely strong grounds for suspicion, but proof beyond a 
reasonable doubt that the suspected person is a sorcerer. Proof that 
one has performed the ayak ceremony against a person is sufficient 
ground for the infliction of the death penalty. But in the case of 
the evil eye and the blasting word, it must be proved that the death 
of the pigs, the betel vine, or whatever it be that dies, was due to the 
glance or words of the bewitched, and that both glance and words 
were used with evil intent. This would obviously be hard to do ; but 
for the purpose of justifying an injured person in killing such a 
sorcerer or bewitched one, a record of previous misdeeds of the kind, 
and a general conviction, in which a portion, at least, of the man s 
kin concurred, that the suspect was a malicious sorcerer, would be 
sufficient. 

A curse, by one who has no reputation for supernatural powers, is 
punishable by the following fine : 

NAWATWAT 

Na-nnorn (Six) 

Pu-u (dili) ^8.00 

Natauwinan 1.00 

Nuntnku .50 

Natuku -50 

Na-oha -20 
Liwa comes out of 
the No-onom 



KADANGYANG 


MIDDLE CLASS 


Hin-bakid (One 


ten) 


Hin-bakid (One ten) 


Pu-u (2 death 




Pu-u (death 




blankets) 


1*16.00 


blanket) 


f*8.00 


Hay nub palyuk 


5.00 


Hay nub palyuk 


5.00 


Hay nub palyuk 


2.00 


Haynub palyuk 


2.00 


Natauwinan 


1.00 


Natauwinan 


1.00 


Natauwinan 


1.00 


Natauwinan 


1.00 


Natauwinan 


1.00 


Natauwinan 


.50 


Natauwinan 


.50 


Nuntuku 


.50 


Nuntuku (3 each) .50 


Nuntuku 


.40 


Nuntiiku 


.50 


Nunbadi 


.40 






~\T s\~Vi rt 


90 




f*27.50 


i.\ a~ona 
Liwa comes out of 


^ V 


Liwa or fee of 




the Hin-bakid 





go-between (1 

death blanket) f*8.00 



Total, 1*10.20 



Total, f*35.50 Total, 1*19.00 

A curse by one who had a reputation of being a sorcerer might 
possibly lead to the death of the sorcerer on the spot. In case he were 
not killed, and the person or thing cursed died, the death penalty 
would be inflicted later. 

The following instances will be of value as illustrations. Some are 
recent, others historical: 



72 University of California Publications in Am. Arch, and Etlin. [Vol. 15 

Before the coming of the Spaniards, Atiwan of Longa acquired a reputation 
as a sorcerer. He killed several of his kinsmen in Baay. Even his relatives in 
Longa admitted that he was a sorcerer, and said that he ought to be killed. 
Ginnid of Baay and several companions went to Longa one night, and called to 
Atiwan that they had come to see him. He opened the house and put down 
the ladder. The party ascended, and set upon Atiwan with their war knives- 
and killed him. In trying to protect him, his wife, Dinaon, was wounded. The 
killing was universally approved. 

Kimudwe (alias Dulnuan) of Tupplak is a famous, or rather an infamous, 
sorcerer. Owing to a quarrel with one of his nephews, Butlong, over a debt, 
he performed an aydk to cause the latter s death. Butlong was informed of 
the fact by one who, eavesdropping v below Kimudwe s house, heard the prayers 
and incantations. On a certain day 011 which there was a feast in Ambabag, 
to which Kimudwe was nearly certain to come, Butlong waylaid him, firing a 
rifle at him from cover near Ambabag. His marksmanship was atrocious. 
Before he could reload women rushed out from the village and covered 
Kimudwe with their bodies, interceding, and stating that there was not sufficient 
certainty that Kimudwe was guilty to justify his nephew in killing him. (This 
occurred in the interval between Spanish and American rule.) 

Kimudwe is reputed to have killed by means of sorcery several of his kins 
men. Recently a child died in Tupplak whose death was attributed to him. 
He killed, it is said, the son of Bahni, another of his nephews. Bahni sent 
Dulinayan of Ambabag as a go-between to Kimudwe to challenge him to an 
ordeal, saying that he had no intention of killing him, even if guilty, owing to 
the peculiar prejudice of the Americans against such doings, but for his own 
satisfaction he wanted to know if Kimudwe were the sorcerer. He stated that in 
case Kimudwe won in the ordeal, he (Bahni) would pay a fine of a gold bead for 
having accused him falsely. This w T as an unusually large fine. Kimudwe 
refused, or rather evaded, saying: "If I am a sorcerer, it is a case of the entire 
family, including Bahni, being guilty." In other words, he took refuge behind 
the Ifugao doctrine of collective responsibility (see sec. 4). 

In cases of strong suspicion, a supposed sorcerer was often openly 
accused and challenged to an ordeal. The ordeal was usually more 
in the nature of a duel, the two exchanging spears at twenty steps 
(20 meters) distance. If the ordeal showed the suspect guilty, he 
was killed if he stayed in the region. He was not, however, killed 
on the field of duel unless killed in the duel or ordeal itself because 
such an execution might precipitate a battle with this kin. 



ADULTERY 

94. Forms of adultery. In its unaggravated form, adultery is 
called liiktap. Luktap signifies sexual intercourse between a spouse 
and some person otyr than flip nno tn whom TIP for she) be mnrrie d , 
uncomplicated by insults and scandalous behavior flaunted in, tlip face 
of the injured spouse. The intention to abandon the spouse is either 
not present, or is concealed. 



1919] Barton: Ifugao Law 73 

The aggravated form of adultery is called hokwit. It consists 
of openly and scandalously bestowing one s love and body upon some 
other person than the spouse : of insulting the in -hired spouse ; orof 
repeatedly, while living under the same roof with the spouse, meeting 
the third person and having sexual intercourse. The intention is 
present of separating (or effecting a separation) from the injured 
spouse. The following is an illustration : 

Maxima, a girl of Umbul, was married to Ananayo of Pinclungan. But 
Ananayo had not yet reached the age of puberty, while Maxima herself had 
reached that age. Sergeant Dominong, of the constabulary company at Kiangan, 
began paying attentions to Maxima, while Maxima was living in the house of 
Ananayo s father. During the season of watching the rice fields against theft 
of water these two continually cohabited, the sergeant going to where Maxima 
was watching the fields at night. Ananayo attaining the age of puberty in 
the meantime, Maxima refused to have anything to do with him. Both Maxima 
and Dominong were guilty of hoJcwit in this case. Maxima s conduct was con 
sidered especially reprehensible, since she was a binau-it in the house of Ananayo s 
father (see sec. 14). 

95. Punishment of adultery. In both luktap and hokwit, the 
offending spouse and the lover (or mistress) are equally guilty. Each 
is equally liable to punishment. However, the offended spouse may, 
if he chooses, forgive the offending spouse without forgiving the 
partner in crime. This frequently happens. A wife is more likely 
to forgive than is a husband. 

The adulterer when taken in delicto is sometimes punished by 
death. The offended spouse is justified by public opinion in adminis 
tering this punishment to a considerably greater degree than our laws 
in the United States would justify him. Several stories are told of 
persons caught in the commission of this crime who w T ere impaled by 
a single spear thrust, (it should be stated that the kin of those killed 
for this crime rarely look upon the killing as justified, and often avenge 
it. They take the stand that the offended spouse ought to have 
demanded the usual fine that, if this had not been immediately fprtn- 
comin^, no one would have questioned the propriety of the killing. 
On the other hand, the kin of the offended spouse iaKe theground, 
and it may be said that in general public opinion backs them in it, 
that a self-respecting man could not well do otherwise than kill Ihe 
offender, anr| f,Viat tV>A V.nMir.g n& onrl Hprnflndinpf money would savor 
too much of the mercenary. 

It is to be noted that a sexual offense committed after the mommon 
ceremony is punished by a small fine ; that an offense committed after 



74 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

the imbango or hingot ceremonies is punished by a larger fine, and 
that an offense committed after the bubun ceremony is punished by 
what to the Ifugao is a very large fine. These fines are diagramed 
Jfugao fashion in sec. 75. Hokwit, aggravated adultery, is punished 
by twice the greatest fine demanded in the case of simple adultery, 
luktap. 

Adultery being a very hard crime to prove, the Ifugao takes as 
proof: (1) the confession of either party; (2) evidence that the 
accused wilfully and intentionally placed themselves in such a posi 
tion or circumstances that the crime would be presumed by any 
reasonable person to have been consummated. Thus, the sleeping of 
the accused together at night in the absence of the spouse would be 
sufficient evidence. 

Both offenders must pay the fine demanded by the circumstances 
to the offended party or parties. Thus, if both the offenders be mar 
ried, each must pay a fine to (a) his own offended spouse, and (b) 
to the offended spouse of the partner in the crime. The pu-u of the 
fine goes to the offended spouse the rest to the kin of the offended 
spouse. In addition to paying the fine, should the offender desire 
to continue the marriage relation with his offended spouse, he musT 
provide animals and other perquisites for a honga (general welfare 
feast) in which the kin of both parties take part, and which is sup- 
posed to start the spouses anew in domestic hai mon.y and felicity, 
and in all that the Ifugao considers prosperity, namely, abundance 
of pigs, chickens, rice, and children. 

96. Sex in relation to punishment for adultery. Although the 
punishment for adultery is the same for either sex, the likelihood of 
the adulterer s being punished is much greater if the offender be a 
woman than if he be a man. This is for the rcasojifhat men are more 
jealous than women and less attached to their spouses, usually. A 
great deal of adultery on the part of men goes unpunished. Most 
women would rather not hear about the peccadillos of their husbands. 
They do not want to take action unless it be forced upon them. But 
once the matter is brought to their "official attention," they have to 
take action in order to "save face. Women sometimes tell their 
husbands "It would be all right for you to have a mistress if you 
could only do so without my hearing of it." And when they learn 
of some such offense on the part of their husbands, they sometimes 
upbraid them, saying: "Oh, why didn t you do this tiling in such a 
way that I would not hear of it ? " 



1919] Barton: Ifugao Law 7.j 

The husband, on the other hand, usually punishes, and often 
divorces his offending wife. 

Once an offense is known, it must be acted on. Otherwise, the 
offended spouse is considered to be lacking in self respect, ^nd 
indeed I believe that the insult involved in adultery is more serious 
than any other phase of the crime. The Malay s "face" is exceed 
ingly dear to him. 

THE TAKING OF LIFE 

97. General considerations. It is extremely difficult to unravel 
the law, if there be a law, with respect to murder, executions, and 
war. The Ifugao has no tribunals to sentence, and no government to 
execute. He makes no declarations of war. Doubtless no two nations 
or tribes of the world ever engaged in a warfare in which each did 
not consider the other the aggressor, or at least, the offender. The same 
is true with respect to feuds between families, which were almost as 
numerous as the families themselves. In spite of the years of 
American occupation during which comparative peace has prevailed, 
these feuds still exist. We must substitute, however, for patriotism, 
fraternal and filial love ; the sense of duty to the unavenged dead, love 
of vengeance, and intense hatred engendered and justified by a well 
learned catalogue of wrongs and assassinations inflicted on the family 
by the enemy family. Once started, a blood feud was well nigh 
eternal (unless ended by a fusion of the families by means of mar 
riage), for the reason that what was a righteous execution to one 
family was a murder (usually treacherous) to the other. 

Outside of manslaughter, to be treated of later, it may be stated as 
a general tenet of Ifugao practice that the taking of a life must be 
/ paid by a life. Considering, too, that a member of an Ifugao family 
rarely if ever effected or accomplished any except the most ordinary 
and elemental acts without previous consultation with his family, and 
that nearly all killings were effected pursuant to a decision of a family 
council, it was not without a fair show of reason that Ifugao law held 
that a murder might be punished almost as well by the execution of 
some member of the murderer s family as by the execution of the 
murderer himself. For, if not principals in the commission of the 
crime, other members of the family were at least accomplices or 
accessories. Indeed Ifugao law held the whole family guilty, looking 
upon the crime, quite correctly, as an offense for which the whole 
family was responsible. 



76 University of California Publications in Am. Arch, and Eilin. [Vol. 15 

War, murder, and the death penalty exacted in execution of jus 
tice, in the Ifugao s society are so near each other as to be almost 
synonymous terms. We have already seen that a capital execution 
for crime is nearly always looked upon by the kin of the executed as 
being a murder; it is retaliated by them, by what to them is a jus 
tifiable execution; but by what, to the killers, is considered as a 
murder to be punished by another execution, and so on ad infinitum. 

The Ifugao has one general law, which with a few notable excep 
tions he applies to killings, be they killings in war, murders, or execu- 
\tions, which public opinion w r ould pronounce justifiable and legal. 
vThat law is: A life must ~bc paid by a life. Let us pass now to a con 
sideration of various classes of the takings of human life. 

98. Executions justifiable by Ifugao law. Public opinion or cus 
tom, or both, justify the taking of a life in punishment for the follow 
ing crimes : sorcery ; murder ; persistent and wilful refusal to pay 
a debt when there is the ability to pay; adultery discovered in 
flagrant e; theft by one of a foreign district ; refusal to pay a fine 
assessed for crime or for injury suffered. But even though custom 
and public opinion justify the administration of the extreme penalty 
in these cases, the kin of the murdered man do not, in most cases, con 
sider the killing justified. There are innumerable circumstances tliat 
complicate a given case. Was the sorcery proven or only suspected? 
Was it a murder that the man committed ; or Avas he justified in the 
killing? Would not the debtor have come to his right mind had 
his creditor waited a little longer ; and did the creditor approach him 
in the right way with reference to the debt ? Did not the woman 
make advances in the adultery case that no elf-respecting male could 
turn down? Was not the indemnity assessed too large or otherwise 
improper ; or did the injured party wait long enough for the payment ? 
These and a thousand other questions may arise with respect to the 
various cases. 

If the death penalty be inflicted by persons of a foreign district, 
it is sure to be looked upon as a murder. 

/ At feasts and gatherings about the "bowl that cheers" and espe 
cially in drunken brawls, an unavenged killing, no matter what the 
circumstances, is likely to be brought up as a reflection upon the 
bravery or manhood of the living kin, and so urge them to the aveng 
ing of what was really a justified execution. 

Murder, sorcery, and a refusal to pay the fine for adultery justify 
the infliction of the death penalty even on a kinsman if he is not too 



1919] Barton: Ifugao Law 77 

close a relative. An execution of one kinsman by another is not so 
Hkely to be avenged as is justifiable execution by one outside the 
family. This is in accordance with the principle of Ifugao law: 
The family must at all hazards be preserved. 

99. Feuds. A feud is a series of takings of human life as venge 
ance, in which the heads may or may not be taken. There are some 
hundreds of ways in which feuds may start. As a rule they begin with 
a taking of life that is not justified in the eyes of the kin of him whose 
life was taken. They may begin from a retaliation for a kidnapping 
or even from an accidental killing. Feuds exist between neighboring 
districts, or districts not far distant between which to a certain extent 
ties of blood and marriage exist. It is exceedingly rare if it ever 
occurs that entire villages or districts are involved. The feud is an 
affair between families only. It consists of a series of vengeances 
and "returning of vengeances. 7 Feuds may even start within the 
district; but as a rule, they are short lived, being stopped by the 
counsel of the influential. Feuds between districts are well nigh 
interminable usually, but may come to an end by means of intermar 
riage or when one or two of the leaders of each family are afflicted by 
certain diseases 15 thought to be inflicted by certain deities that desire 
the peace ceremony. As has been hitherto stated, each killing in a 
feud is considered by the killers to be an entirely justifiable execution 
in punishment of crime. The deities of war and justice are called to 
witness that the debt is not yet paid. Contemporaneously, the kin of 
the slain are calling on the same deities to witness that their family is 
sorely afflicted ; that no debt was owed the others ; that no chickens 
or pigs, or rice had been borrowed ; that no theft or other crime had 
been committed, and so on; yet, that innocent, they are being 
slaughtered. 

100. War. Before the American occupation, districts that were 
far distant might be said to be continually at war with each other. 
The war was carried on as a series of head-takings. There was no 
formal declaration of war. As a rule there were no large expeditions 
to the enemy country, and heads were taken from ambush, on the out 
skirts of an enemy village or along much traveled paths. Women s 
heads were taken in these exploits ; but not as a rule, in feuds. To 
avenge lives taken in war, while no doubt the life of the actual head- 
taker was preferable, the life of any person of the enemy village might 
be taken ; just as in feuds, the life of any member of the enemy family 
might be taken. 



15 Tuberculosis and persistent cough (see sec. 141). 



7S I nircrfiUif of (\ilifornid I nhiii ationx in Ant. Arcli. and Ethn. \ A T ol. 15 

101. Head-taking. Heads were not takon in the ease of executions 
1 or injury. In t emls within a district, heads were not taken. In feuds 
between families of different districts, heads might or might not be 
taken. I snally they were taken if there were no ties of kinship 
between the districts. It should be emphasized, however, that there 
was no definite boundary between districts, and consequently, no well- 
detined line beyond which heads might be taken. Families from the 
southern part of a district would take heads in territory from which 
those in the northern part of the district would not take them. Heads 
were always taken in the case of those killed in war, if circumstances 
permitted. 

10 J. Hibul or homicide. The Ifugao law clearly recognizes several 
grades of homicide. 

(,<^ The taking of life \vhon thoro is an entire absence of both intent and 
carelessness. As for example, in the ease already cited (,soo see. S4"). when a 
party of hunters have a wild boar at bay. The boar, as there stated, charges 
the most advanced of the hunters, and in retreating backwards, the latter jabs 
one of his companions with the shod point of his spear handle. There is no 
penalty for siu-h a taking of life. 

^M The taking of life \vhen there is clearly an absence of intent, but a 
degree of carelessness. For example, a number of men are throwing spears 
at a mark. A child runs in the way, and is killed. The penalty is a tine vary 
ing from one-third to two thirds the amount of the full tine for homicide 
according to the degree of carelessness. 

(^"i Intentional taking of the life of another, under the impression that he 
is an enemy when in reality he is a co-villager or a companion. In case the 
killer can make the family of the slain understand the circumstances, only a 
tine is assessed. This tine is called labod. ^8eo sec. UHO If the killer be 
unrelated to the slain, the full amount of the laboJ is demanded: if related, 
the amount is usually lessened. 

Example: Pumauwat of Raay was irrigating his fields at night. Some of 
his companions told him that there were some head-hunters from an enemy 
village near. In the darkness. Pumauwat encountered another man, Likyayu. 
the betrothed of his daughter. He asked him who was there. On account of 
the noise of water falling from the rice fields. Likyayu did not hear the inquiry, 
and said nothing. Pumauwat speared him. Likyayu cried out. Pumauwat 
recognised his voice, and carried him home. He furnished animals for sacrifice 
to secure Likyayu s recovery. Likyayu recovered. Had he died. Dumauwat 
would have been called on for the full amount of the tine: but had Likyayu 
been rirmlti engaged to Pumauwat s daughter, that is. had the ?>ii.-!<;o ceremony 
been performed the full amount of the laboil tine would not have been demanded, 
since the relationship would have been an extenuating circumstance. 

^tH The taking of life by persons in a brawl or by an intoxicated or insane 
person. In case the slain died before his slayer could agree to provide animals 
for sacrifice, the latter would probably be killed by the kin of the slain if he 
were of a foreign district. He might be killed if a non-related co-villager. He 
would be fined the uifuu? if a kinsman. He would probably go scot free if a 
brother or uncle. 



1919] Barton: Ifugao Law 79 

Example: A of Longa became insanely drunk at a feast at the house of his 
brother Gimbungan. He attempted to embrace the comely daughter of Girn- 
bungan, his niece. Gimbungan tried to quiet him, and in so doing aroused his 
ire. He drew back his spear menacingly, and in so doing pierced the girl 
who was at his back with the shod point at the end. She died. A was 
properly penitent when he sobered, and furnished animals for sacrifice. The 
fine liibod was not, however, demanded of him. This was about thirty-five or 
forty years ago. Considerable feeling exists between the two branches of the 
family to this day, owing to this occurrence. 

The burden rests upon the slayer in the above eases to show that 
the killing was accidental or that he was so drunk as to have utterly 
lost his reason. The absence of a motive is a great help to him in this. 
If he has ever had a serious altercation with the slain, in the absence of 
controverting evidence, the presumption is likely to be that the killing 
was intentional, and that he has been "feigning friendship in order to 
kill by uga (treachery)." 

103. Attempts to murder. An attempt on the part of an enemy of 
another district on the life of a person is punishable by death. An 
attempt by one of the same district may or may not be punished by 
death ; in most cases peace would be arranged by mutual friends and 
kinsmen. In such a case, he who made the attempt would be required 
to furnish animals for a peace feast. 

104. Wounding. Wounds inflicted accidentally and without intent 
or carelessness are not punished. In case the element of intent or care 
lessness be present, he who inflicts the wounds must furnish animals 
for sacrifice, pay the wounded man and his kin a fine, and stand the 
expense of a feast to make peace. The following is a typical list, for 
the kadangyang (wealthy) class, of the expenses of animals for sac 
rifice and fine : 

(a) First feast for the recovery of the wounded man, sacrifices to the war 
deities: )5 pigs at 15 pesos; 10 chickens at 1 peso; total 55 pesos. 

(ft) Second feast for recovery, the pinoclila, or feast to cure wounds and 
infections: 1 pig at 10 pesos; 2 chickens at 1 peso; 8 spear heads as fees of 
priests at 25c; total 14 pesos. 

In case the wounded man lives, the following fine is paid him and 
his kin : 

(V) Fine of two Ixikid (two tens) amounting to 72 pesos; fee of the mon- 
kalnn, 10 pesos; total 82 pesos. 

(d) Peace-making ceremony: 1 pig at 15 pesos; other appurtenances of feast, 
2 pesos; total 17 pesos. 

105. Special liability of the givers of certain feasts. The givers of 
uyauwe or hag obi feasts (glorified general welfare feasts to which 



80 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

great numbers of people come) are responsible for wounds or deaths 
that occur at these feasts. When a man decides to initiate himself and 
his wife into the ranks of the kadangyang by giving one of these feasts, 
he appoints one of the old priests of his family to perform the tikman 
ceremonies. These ceremonies are sacrifices to the various classes of 
deities whose special function is the "tying up" of men s stomachs 
and passions. Prayers are addressed to these deities that a little food 
satisfy the guest that attends the feast, to the end that the giver be 
not eaten out of house and home ; that a little rice wine suffice to 
intoxicate the people ; that the passions of men be tied up to the end 
that no quarrels or frays occur; that no rice-wine jars or gongs be 
broken; that no accidents occur in short, that the whole feast pass 
off smoothly. The duties of the manikam (the priest who performs 
these ceremonies) are rather arduous. To say nothing of the cere 
monies he conducts, he must fast for a number of days and must ob 
serve a number of taboos. He receives rather a large fee for these 
services. And, indeed, their importance, in the eyes of the Ifugaos, 
and the legal responsibility he incurs, certainly justify a large fee. 

The manikam priests are jointly responsible with the giver of the 
feast for accidents or violence that may occur. This liability of the 
giver of the feast for wounds or loss of life is based on the supposition 
that if he had not given the feast the wound would not have occurred ; 
and possibly that he gave the feast with the motive of bringing about 
such an occurrence. The liability of the manikam is based on the 
supposition that there must have been a remissness on his part in his 
religious duties, else the accident or loss would never have occurred. 
The following is an actual instance that would indicate that this 
provision of the law is an incipient employer s liability provision. 

Malingan of Pindungan, many years ago, gathered together his kin and 
friends, performed the preliminary feasts, and went to Payauan to make a 
hagabi (lounging bench, the insignium of the kadangyang class). They made a 
very large hagabi that weighed nearly a ton. In helping to carry it across the 
river two men were carried downstream by the current and drowned. Demand 
was made on Malingan and the manikam of the feast for the labod fine (see 
sec. 106). It was paid, and that is the reason Malingan s descendants are not 
wealthier today, for formerly Malingan was one of the wealthiest men of the 
district. 

It should be stated that brawls and accidents are much more 
common in feasts of this character given in parts of Ifugao other than 
the Kiangan-Nagakaran-Maggok area. This is due to the fact that 
in the area named above only relatives and persons invited by relatives 



1919] 



Barton: Ifugao Law 



81 



attend, while in other regions the event is not so exclusive. There 
is the further consideration that in this area, on the night before the 
general drink-fest begins, an old man makes a speech in which he 
tries to put the crowd assembled in a good humor, and in which he 
warns each and every one to seize and hold any person who begins 
to disgrace hospitality by unseemly brawling. 

106. The labod, fine assessed for homicide. This fine is paid to 
the family of the slain. For the kadangyang, or wealthy class, the 
full fine consists of ten portions or divisions, totaling 975 pesos in the 
case tabulated below. These divisions may be briefly described as 
follows : 



THE LABOD FINE 



1. Outlay for a hong a (general wel 
fare feast) : 

(1) carabao 1*80.00 

(2) 3 pigs 60.00 



Total .. ...1*140.00 



The Jionga is performed by the 
man s kin as a means of preventing 
the recurrence of such misfortunes in 
the family. The animals are sacri 
ficed to all the deities. 



2. Dangale (sacrifices at funeral 

feast) : 

(1) 2 carabaos 1*160.00 

(2) 5 pigs .. 80.00 

Total 1*240.00 

3. Gagaom (funeral shrouds) : 

(1) 8 death blankets 1*64.00 

(2) 4 clouts 4.00 

(3) 1 ceremonial clout .... 1.00 



Total 



1*69.00 



4. Habalag (hangings at funeral 

feast) : 

(1) 2 death blankets as 

fee of the monkalun 1*16.00 

(2) 9 maginlotan (cheap 

death blankets) 36.00 

Total 1*52.00 

5. Mata-na (his eyes) : 

(1) 1 gold neck-ornament 

for left eye 1*80.00 

(2) 1 gold neck-ornament 

for right eye 80.00 



The animals of this part of the fine 
are killed at the funeral feast of the 
slain. 



The clouts are to tie the dead man 
in the death chair: one about the 
chest; one about the head; one about 
the shoulders; and one to tie on the 
head and beak of the hornbill worn 
as a mark of rank. The ceremonial 
clout is worn on the breech of the 
corpse. 

The corpse is wrapped and entombed 
in the eight death blankets. 



The nine cheap blankets are dis 
tributed among the man s kin. 



Total 



1*160.00 



82 University of California Publications in Am. Arch, and Etlm. [Vol. 15 

6. Putu-na (his belly): Articles listed under numbers 5 to 9 
(1) 1 pango (string of inclusive, go to the dead man s heirs 

beads) 1*120.00 and kin. 

7. Puliu-na (his heart) : 

(1) 1 guling (rice-wine 

jar, small) 1*80.00 

8. Ubuna-na (his seat) : 

(1) 1 gong 1*80.00 

9. Nunlidludagan (his place to lie): 
(1) 2 deatli blankets 1*16.00 

10. Hidit (peace-making) : 

(1) 1 pig and other essen- For making peace with the family 

tials of feast .. .. 1*18.00 of the slain. 



Total 1*314.00 

The rank of the slain has something to do with the amount of the 
labod. The amounts given above are those that would be collected in 
the case of the killing of a Kiangan man of the kadangyang class. If 
the slain were a middle class or poor man the amounts would not be 
so great. 16 If the slayer were a middle class, or poor man, the amounts 
above might be lessened somewhat, but not very much. If the slayer 
be unable to pay, he is saddled with the rest as a debt. If he cannot 
pay the debt during his lifetime, his children must pay it. 

107. Accidental killing of animals. The accidental killing of an 
/ animal is not a crime. Sometimes even the value of the animal is not 
demanded or accepted if tendered. 

If a dog runs out threatening to bite a passer-by, and the latter 
kills it, he is required to pay the value of the dog. If a dog bites a 
passer-by, the latter may kill the dog and need not pay a fine. If 
the dog bites him, and he does not kill it, he may demand a payment 
from the owner. It was a provision of primitive Roman law that 
"If an injury were done by a slave, the person injured had the right 
to exact vengeance against the slave personally, thus injuring the 
master s property ; and the master or owner was consequently allowed 
to prevent this vengeance by making compensation for the injury 
done/ 17 

Should a pig, at that period of the year when rice is stacked below 
the granary to dry out, enter through the fence and eat of the rice, it 
may be killed by the owner of the granary ; but he must give the 
owner another pig in place of it. Such a killing is not considered 



16 Compare the practice of our Saxon forefathers among whom the "life of 
a king s thane was worth 3200 shillings, while that of a common free man was 
valued only a sixth as high," arid that of a slave at only his property valuation. 

17 R. R. Cherry, The Growth of Criminal Laic In Ancient Communities (London, 
1890). Dr. Cherry shows how masters liability for injuries done by their 
employees has arisen from this principle (pp. 4 ff.). 



1919] Barton: Ifugao Law 83 

malicious, for the pig was spoiling the "miraculous increase" of the 
year s harvest. 

A pig that enters a rice field and eats of the unharvested rice is 
usually returned to the owner with the request that he tie the pig up. 
Should it again enter the field, the damage it does must be paid for. 
Should the owner refuse to pay this indemnity, and should the pig 
again enter the field, the owner of the field would be likely to kill the 
animal. The owner of the pig might consider such a killing malicious 
and improper. Public opinion would sustain the owner of the field. 

108. Malicious killing of animals. This is a serious crime. Its 
seriousness is due partly to the fact that domestic animals are to a 
great extent considered members of the household and as such loved 
and protected, and further to the fact that the intentional and mali 
cious killing of such a member of a household would have a tendency 
to bring a like fate on the human members thereof, owing to the 
mystic power and force of analogy. 

A labod fine is demanded for the malicious killing of a pig. The 
fine, in case a wealthy family is concerned, is as follows: 

LABOD FIXE FOR MALICIOUS KILLING OF A PIG 

1. The corpse of the dead pig is surrounded by living pigs, one on each side, 
i.e., four pigs are exacted in return. 

2. Dangdle (see sec. 106) : 1 carabao. This animal is simply handed over, not 
killed for a funeral as is the case when a human being is concerned. 

3. Gagaom (see sec. 106): 6 death blankets; 1 bayao (fancy blanket); 1 tin- 
unwe (ceremonial clout); 4 clouts. 

4. Halalag (see sec. 106): precisely as in the case of a homicide. 

5. Liwa, fee of the monkalun, or go-between: 1 death blanket, 

PUTTING AXOTHEB IN THE POSITION OF AN ACCOMPLICE 

109. The tokom, or fine for compromising another. He who, vol 
untarily or involuntarily, puts another in the position of an accom 
plice, or in such a light that he might be regarded as being an accom 
plice in the commission of a crime, and so be liable to punishment as 
such, must pay the person so injured a fine, called tokom. It may 
almost be said that he who causes another person s name to be promi 
nently mentioned or bandied in connection with a crime must pay 
this fine. 

The following are instances in which a tokom would be demanded : 

A of another district comes to the house of B, and is received by B as a 

guest. While he is going home and while he is in the outskirts of the district 

he is speared by C, a neighbor of B s or a resident of the same district. B 

must force C to pay a tokom. 



84 University of California Publications in Am. Arcli. and Ethn. [Vol. 15 

B steals or illegally confiscates property belonging to A. C sees B in the 
act. He demands a tokom in this case it may be the bolo or spear that B is 
carrying and so puts himself "on record 7 as not having been an accomplice. 
But he says nothing about the crime unless it come to light that he was a 
witness of it. In this case he proves by the tokom that he received that he 
had no connection with it. As a matter of practice it would seem that a gift 
received from the thief would tend to lead the witness to conceal the crime. 

A gives an uyauwe feast. At the attendant drink feast B in a drunken brawl 
kills C. A and the manikam D must demand a tokom from B in order to clear 
their reputations. 

The following is the amount of the tokom usually demanded in 
the case of murder, head-hunting, or slaughter : 

In case of the death of In case of the death of 11 case of the death of 

a kadangyang a middle-class man a poor man 

Honga Honga Honga 

1 carabao f*80.00 8 pigs 1*80.00 4 pigs 1*40.00 

2 pigs 30.00 1 -bdkid 25.00 1 T>akid 15.00 

1 lakid 44.00 

Total.. ....1*105.00 Total f*55.00 



Total f*154.00 

One who is put in a position in which a tokom is due him must 
collect the tokom. It is not sufficient that he demand the payment 
of it he must enforce the payment. Otherwise he will be considered 
by the kin of the injured as having been an accomplice, and liable to 
punishment accordingly. 

Should the culprit refuse to pay the tokom, the obligation rests 
on those to whom the tokom is due to take the leading part in the 
punishment of the crime. Thus, in the first example given above, if 
C does not pay the tokom to B, the obligation rests on B more heavily 
even than it rests on A s relatives to kill C, and so avenge A s death. 
Should he not do this, he would be held liable to punishment by A s 
relatives along with C. 

Visitors came to the house of Timbuluy of Ambabag from the district of 
Maggok. It was suggested that a contract of friendship and alliance be accom 
plished between Timbuluy and his Maggok visitors by means of the feast called 
monbiyao. A day was appointed for this feast, and Binwag of Bolog was named 
as the go-between in matters pertaining to the feast. These preliminaries 
having been finished, the Maggok people started home. On the road they were 
killed by some people from Wingian. 

The following persons were under obligation to demand a tokom: Timbuluy, 
whose guests they had been, and Binwag. the go-between. But the murderers 
were poor people, while the murdered were wealthy. It would have been im 
possible for the murderers to have paid the tokom proper for having killed a 
kadangyang. Consequently without any ado, Binwag killed one of the murderers, 
and Timbuluy kidnapped one of the women folk of another. 



1919] Barton: Ifugao Law 85 

Timbuluy sold this woman to slavery in Nueva Vizcaya, receiving four 
carabaos. He gave one carabao to each of the four villages Pindungan, Amba- 
bag, Bango, and Baay all in Kiangan valley on the consideration that if the 
people of Wingian retaliated by capturing a Kiangan woman in the open terri 
tory surrounding or adjacent to on.e of these villages, the people of that village 
would collect the necessary sum and redeem the woman. 



THEFT 

110. Of theft in general. There is a considerable degree of dif 
ference in the severity with which theft is punished in different parts 
of Ifugao. The following is the general law with respect to the theft 
of articles of medium or slight value : 

Kadangyang class: It is a general principle that true kadangyang do not 
steal. However, it sometimes occurs, especially in the Kiangan-Maggok area, 
that persons who have the right to claim this rank become needy. The rule for 
the punishment of members of this class is: The Jcadangyang must return the 
stolen thing, or, if it shall have been consumed, its equivalent in value, and must 
entirely surround it with like things of equivalent value. This rule merely 
amounts to the paying of five times the value of the stolen thing. He must 
also pay a fee to the go-between. 

Middle class: A thief of this class must return the stolen thing and ulpitan 
it, i.e., place a like thing, or an equivalent value, on either side of it. He must 
also pay a liwa fee to the go-between of the case. 

Very poor: A thief of this class must repay the stolen article or its equivalent 
value, tokopna, and pay a fee to the go-between in the case. 

In the case of the theft of heirlooms of great value, such as rice- 
wine jars, or gansas, the thief must repay, besides the stolen articles, 
their to~kop, or equal, and in addition must furnish a certain number 
of pigs or other articles of medium value. The following shows how 
the Ifugao visualizes a payment of this sort. 

The stolen article. 
Its equal or equivalent. 
Honga, a full-grown pig. 
Yubyub, a full-grown chicken. 

Theft should not be confused with improper or illegal confiscation. 
This latter is commonly effected by members of the Jcadangyang class. 
It is punished in much the same way as theft, but is not so disgraceful. 

A thief discovered in delicto is likely to be punished by death if 
the thief be of a different district. If not punished by death, the 
culprit is caught and tied and kept prisoner until his kin in the other 
district pay the fine demanded. This fine, needless to say, is some 
what larger than would ordinarily be assessed for the crime. If a 



86 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

member of the home district be caught in an unaccomplished theft, 
the case is not altered in any way from an ordinary, consummated 
theft. 

111. Theft of rice from a granary. The theft of rice is consider 
ably more serious than would be theft of any other article of equal 
value, because it ruins the miraculous increase of the rice that the 
Ifugao as well as all other Malay tribes in these islands so thoroughly 
believe in. If the thief confesses and shows himself docile, he may 
wipe out his guilt with the following payment : 

Hulul-na, 1 large pig, payment of the stolen rice. 

Honga, 1 large pig and 1 large chicken, for granary feast to secure return 
of the miraculous increase. 

If, however, the accused persistently deny his guilt, he is chal 
lenged to an ordeal. If by this he is proven guilty, he is fined one "bakid 
or one "ten" in Kiangan about thirty pesos in addition to the pay 
ment above. If he refuse to submit to the ordeal, he is adjudged guilty, 
and has to make the same payments as if he had submitted to the ordeal 
and had been adjudged guilty. The fee of the monkalun is included 
in, and is not additional to, the bakid in this case. 

112. Theft of unharvested rice. In a case of this sort, the amount 
of rice stolen can be determined by estimating it from the number of 
headless stalks. The punishment is: 

The return of the stolen rice or its equivalent value. 
A full-grown pig for the owner s harvest feast. 
The fee for the monkalun. 

113. Illegal confiscation. What the Ifugao recognizes as legal 
confiscation is treated below under Procedure, sections 134 to 138. 
The following is a case of illegal confiscation in the district of Banaue. 

A owes B a debt, which he persistently refuses to pay. Both men are of the 
Jcadangyang class. B is somewhat afraid of A, or for some reason cannot or 
does not dare collect the debt according to the ordinary mode of procedure. 
He accordingly runs away with a valuable rice-wine jar belonging to A, leaving 
nothing behind to shoiv who took it. 

B finds out who ran away with his jar. He pays the debt he owes B, if it 
be truly owed, and demands the following from him for his improper procedure: 
The return of the stolen jar. 

Another one like it, or an equivalent of some sort. 
A gong as a dalag (fine for illegal confiscation). 
A large pig for a honga (general welfare feast). 

A kettle worth five pesos called liabale (pegs on which house charms are 
hung). 



1919] Barton: Ifugao Law 87 

4 yards of brass wire. This payment is called nundopa, referring to the 

jumping down of the culprit when he carried off the jar. 
Death blanket with which to carry jar home. 

If B, when he ran away with the jar, had left behind his scabbard or bolo 
or some other of his belongings to show his identity, the above would have been 
a case of legal confiscation, and not punishable. 

Illegal confiscation lacks the elements of disgrace that theft carries 
with it, and, in the mind of the confiscator and his relatives at least, 
is justifiable. It may be that it is for this very reason that this crime 
is punished more severely than ordinary theft. 



AESOX 

114. Fines assessed for goba or arson. One caught in the act of 
setting fire to a house or granary would be likely to be killed on the 
spot. Should he consummate the act and escape, demand would 
probably be made upon him and his kin for two granaries full of rice 
and for the animals necessary to consecrate them by the usual feasts. 
This would be the probable punishment. The crime of arson is rare, 
and consequently there is no penalty or restitution well defined by 
law. The punishment might be death, or the kidnapping and selling 
into slavery of a member of the culprit s family, or a fine as above. 
Which of these it would be would depend very much on the personality 
of the injured party. 

KIDNAPPING 

115. Circumstances under which kidnapping may occur. If per 
formed to cover a debt for which payment had been repeatedly de 
manded, or to cover an injury for which a proper fine had been 
repeatedly demanded in due form, kidnapping was a legal seizure, 
although the victim and his kindred might not consider it so. 

But there were a good many cases in which the kidnapper s motive 
was utterly different. He might wish, for example, to display his 
valor, or to profit financially by the sale of his captives. Sometimes, 
too, a head-hunting party, failing to get a head, would capture a 
woman and carry her back with them to their village. In some parts 
of Ifugao the woman was ravished for a period of five days by the 
party of head-hunters. She was then sold into slavery. 

The penalty inflicted by the kin of the kidnapper was either death 
or retaliation by kidnapping. 



88 University of California Publications in Am. Arch, and Ethn. [Vol. 15 



INCEST 

116. Rarity of suck offenses. Incest is a very rare crime in Ifugao. 
It seems to be becoming more frequent, for there has undoubtedly 
been a growing laxity in morality ever since the establishment of 
foreign government. A case recently occurred in Mongayan, in which 
a father, on humane grounds as he put the matter to her, deflowered 
his own daughter. This case was not punished. 



EAPE 

117. Both parties being unmarried. The unmarried Ifugaos, from 
earliest childhood, are accustomed to collect in certain houses, using 
them as dormitories. Usually both sexes sleep together in these dor 
mitories. Naturally, too, there is a great deal of sexual intercourse 
each night, for sexual intercourse takes the same place among the 
Ifugaos that embraces and kisses do in the courtship of some other 
peoples. The nature of the female human being, says the Ifugao, is 
to resist the advances of the male. He naively points out that the 
hens, the cows, and, in fact, the females of any species resist the male 
in this respect, notwithstanding they may be quite as anxious for the 
sexual act as the male himself. It is so with women, he says. It is con 
sidered shocking in some sections of Ifugao for a girl to yield herself to 
her lover the first time without resistance. This idiosyncracy of fem 
inine nature being a fact, it is sometimes difficult to be certain as to 
whether the resistance offered by a girl is bona fide or not as to 
whether she is willing for the sexual act to occur, half willing, or en 
tirely opposed to it. There may or may not be doubt in the mind of the 
male usually there is none but friends of the girl, by distorting or 
by putting a slightly different interpretation on what occurred, could 
make a case of rape in the w r hite man s courts out of almost any of 
these common events. Furthermore, a girl on the advice of her 
parents, were such a rape punishable by fine, might and frequently 
would, entice some youth into forcing her, in order that her family 
might benefit financially. 

Consequently if a girl be caught " in a sleeping house by a youth 
who habitually sleeps there, the Ifugaos do not look upon it as a case 
of rape, even though force be used. By following this principle a 
great many questions and "put-up-jobs" are avoided. If a girl be 
seized and raped by one who does not habitually sleep in or frequent 



1919] Barton: Ifugao Law 



89 



the girl s dormitory, and the evidence establishes a case of bona fide 
resistance on the part of the girl, a fine of "six" is assessed against 
the raptor as follows : 

Kadangyang class Middle class Very poor 



Death blanket 
Cooking pot 


1*8.00 
2.00 


Cooking pot 

Natauwinan 


1*2.00 
1.00 


Cooking pot 
Na-oha 


1*2.00 
.25 


Natauwinan 


1.00 


Natauwinan 


1.00 


Na-olia 


.25 


Natauwinan 


1.00 


Nunbadi 


.40 


Na-oha 


.25 


Natuku 


.50 


Nunbadi 


.40 


Na-oha 


.25 


Natuku 


.50 


Na-oha 


.25 


Na-oha 


.25 



Total, 1*13.00 Total, 1*5.05 Total, 1*3.25 

It will be noted that the above are very light fines. In some parts 
of Ifugao they would be considerably higher notably in the Silipan 
country. 

The committing of the crime of rape in broad daylight, as, for 
example, the "catching" of a woman in a camote field, constitutes an 
aggravating circumstance. Such a rape as that punishable by a fine 
of "six" above would be punishable by a fine of "ten" of a value for 
the three classes respectively of about thirty-two pesos, sixteen pesos, 
and eight pesos, if committed in broad daylight. This is owing to the 
greater "shame" which the woman feels on account of the unwonted 
hour. 

118. Rape of a married woman ~by an unmarried man. This is a 
serious offense. It is punishable by a fine equivalent to twice the fine 
assessed for luktap, or unaggravated adultery. One-half of this fine 
goes to the husband of the outraged woman and his kin and one-half 
to the woman and her kin. 

119. Rape of a married woman ~by a married man. This is a case 
still more serious for the offender, since in addition to paying the 
afore-mentioned fine, he must pay to his own wife an additional fine 
as penalty for luktap. 



MA-HAILYU OR MINOR OFFENSES 

Minor fines are punishable by fines called hailyu. The rape of 
an unmarried woman by an unmarried man, considered in the pre 
ceding section in connection with the more serious forms of rape, is a 
minor crime. 

120. False accusation. He who accuses another falsely or he who, 
accusing another of crime, challenges him to an ordeal, which ordeal 
proves the accused to be innocent, must pay the following fine : 



90 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

HAILYU PAID BY THE ACCUSER TO THE FALSELY ACCUSED 

Kadangyang class Middle class Very poor 

One bakid (ten) One bakid (ten) One onorn (six) 

2 death blan- 1 death blanket 1*8.00 1 death blanket 1*8.00 

kets 1*16. 00 1 cooking pot 5.00 Natauwinan 1.00 

Cooking pot 5.00 1 cooking pot 2.00 Natauwinan 1.00 

Cooking pot 2.00 Natauwinan 1.00 Natuku .60 

Natauwinan 1.00 Natauwinan 1.00 Natuku .60 

Natauwinan 1.00 Natauwinan .60 Na-oha .40 

Natauwinan 1.00 Nuntuku .60 

Natauwinan 1.00 Nunbadi .40 Total, 1*11.60 

Nuntuku .60 Na-oha .25 

Nunbadi .40 



Total, 1*18.85 



1*28.00 

Fee of go-between: Fee of go-between: Fee of go-between: 

1 death blanket 8.00 iron pot of value of one natauwinan in- 

1*5 included above. eluded above. 

Total, 1*36.00 

The amount of the fine depends to a great extent on the seriousness 
o/ the offense of which one is accused. 

121. Baag or slander. This offense is punishable by a somewhat 
/ smaller fine than that above. The following is an instance to illustrate 

what trivial statements may be considered as slanders. At an uyaiiwe 
feast Bahni of Tupplak made remarks derogatory to Bumidang of 
Palao, the principal of which was to the effect that Bumidang would 
never have been a kadangyang had it not been for the fees that he 
received from the Palao people for acting as go-between in buying 
back the heads of their slain from their Silepan enemies. Bumidang 
considered this as slander, and seized a carabao belonging to Bahni, 
holding it until payment of the fine assessed for insult was made. 

122. Threats of violence. Ongot, or threat, is punished by about 
the same fine as slander. 

123. Insult. The saying to another person of anything reflecting 
on his honor, prestige, or rank ; the use of abusive language to an 
equal or superior ; insinuations as to improper relations with kins- 
w r omen ; improper language and behavior in the presence of people of 
opposite sexes who are related to each other within the forbidden 
degrees; breaking of various taboos all of these constitute insults, 
and are punishable by a fine varying in size from the fine for slander 
to that for false accusation. 

There exist a considerable number of taboos, for breaking of which 
a penalty is exacted. 

First. There are taboos relating to exogamy. In the presence of 
male and female kin that are of the degrees within which marriage is 
forbidden it is taboo: (a) to look fixedly at the woman s breasts or 



1919] Barton: Ifugao Law 91 

hips; (6) to speak of the dormitory of the unmarried; (c) to mention 
the love affairs of an unmarried couple except most guardedly; (d) to 
break jvvincU (e) to blackguard; (/) to play the bikong, lover s harp. 
Matters connected with sex must not be referred to unnecessarily; 
whenever it is necessary to refer to them, the most delicately veiled 
euphemisms must be used. Thus an unborn babe must be called "the 
friend ; the placenta must be termed a blanket ; the short plank 
that constitutes the Ifugao s bed must be designated as a "level"; 
even an egg must be referred to as a "soft stone" or "stone of the 
chickens." It is a very grave insult, knowing two people to be of 
the forbidden degrees of kinship, to ask them if they are married. 
Even if asked in ignorance of the kinship, such a question is considered 
to show exceeding ill breeding. On my first arrival among the Ifugaos 
I was several times made to feel like a boorish lout by having asked 
the question of the wrong people. I then hit upon the scheme of 
asking two people if they were brother and sister before asking if 
they were married. This, however, was equally a faux pas in case the 
two were husband and wife, since to the Ifugao it amounted to asking 
a man if he had married his sister. I then learned to do as a well- 
bred Ifugao does in such cases : to observe and deduce from the con 
duct of the two what their relationship might be. This was never a 
difficult matter. 

Second. Acts which savor of adultery are tabooed. Among such 
are the intentional touching of the body of a married woman. If a 
man meets a married woman on a rice-field dike, the proper thing for 
him to do is to step off into the mud and water and let her pass. He 
may not grasp her body in order to squeeze past her and thus avoid 
stepping into the water. It is forbidden, too, to enter a house in which 
a married woman is alone. 

Third. It is taboo, knowing a person to be dead, to ask his sons 
or near kin if he is dead. 

Fourth. Certain acts are believed to be injurious to others because 
they are bad in their magic influence. Thus trying to collect a debt 
when a member of the debtor s household is ill is taboo. The penalty 
for this act is the loss of the debt, be it large or small. It is believed 
that any subtraction from the sick person s or his family s possessions 
is bound to react injuriously on his health. 

Passing near or through a field of rice in a foreign district during 
harvest is taboo, because it is a disturbing factor and interferes with 
the miraculous increase. 



92 University of California Publications in Am. Arch, and Ethn. [Vol. 15 



PROCEDURE 

THE FAMILY IN RELATION TO PROCEDURE 

124. Family unity and cooperation. The mutual duty of kinsfolk 
and relatives, each individual to every other of the same family, 
regardless of sex, is to aid, advise, assist, and support in all contro 
versies and altercations with members of other groups or families. 
The degree of obligation of the various members of a family group 
to assist and back any particular individual of that group is in direct 
proportion : first, to the kinship or the relationship by marriage ; 
second, to the loyalty the individual in question has himself mani 
fested toward the family group, that is, the extent to which he dis 
charges his obligations to that group. 

The family is without any political organization whatever. It is 
a little democracy in which each member is measured for what he is 
worth, and has a voice accordingly in the family policy. It is a 
different body for every married individual of the whole Ifugao tribe. 18 
There are a great many relationships that complicate matters. An 
Ifugao s family is his nation. The family is an executive and a 
judicial body. Its councils are informal, but its decisions are none 
the less effective. The following rules and principles apply to the 
family and to individuals in the matter of procedure. 

Brothers of the blood can never be arrayed against each other. 
They may fall out and quarrel, but they can never proceed against 
each other. This is for the reason that their family is identical (before 
marriage at least), and a family cannot proceed against itself. 

Cousins and brothers of the half-blood ought never to be arrayed 
against each other in legal procedure. In case they should be so 
arrayed, the mutual kin try to arrange peace. Only in the event of 
serious injuries may a cousin with good grace and with the approval 
of public opinion collect a fine from another cousin, and even then 
he should not demand as much as from a non-related person. In the 
case of minor injuries he should forego punishing his kindred. The 
following is an example : 

18 Thus A and B, two brothers, are members of the same family until they 
marry. After marriage A s family consists of his blood kin and of his relatives 
by marriage, and the same holds of B s family. Thus after marriage only half 
the individuals of the families of the two brothers are identical. The families 
of two cousins are identical as to one-half the component individuals before 
their marriage and as to one-fourth of the component individuals after their 
marriage. 



1919] Barton : Ifugao Law 93 

A steals some rice from his cousin B. Theft and thief become known. j 
takes no steps against the thief; but g s wife cannot overlook it and the 
injury was an injury to her as much as to $. Her kin take the matter up. 
They collect half the usual indemnity for their kinswoman. . foregoes his half 
of the indemnity. 

In cases of minor injury, procedure against more distant kin is 
frowned on, but sometimes occurs. 

It is the duty of mutual, equally related relatives and kin to try 
to arrange peace between opposing kin or relatives. 

In the event of procedure on the part of one kinsman against 
another, those who are related to both take sides with him to whom 
they are more closely related. Besides blood relationship, there is 
marriage relationship oftentimes to make it a very complex and diffi 
cult problem for a man to decide to which opponent his obligation 
binds him. This is most frequently the case among the remoter kin. 
A man who finds himself in such a position, and who knows that on 
whichever side he may array himself he will be severely criticized by 
the other, becomes a strong advocate of compromise and peaceful 
settlement. 

In case a kinsman to whom one owes loyalty in an altercation is 
in the wrong and has a poor case, one may secretly advise him to 
compromise ; one must never openly advise such a measure. One may 
secretly refuse him assistance and backing one must never oppose 
him. 

One owes no obligation in the matter of procedure to another 
merely because he is a co-villager or inhabitant of the same district. 

The obligation to aid and assist kinsmen beyond the third or fourth 
degree is problematic, and a question into which elements of personal 
interest enter to a great extent. One of the greatest sources of the 
power of the principal kadangyang lies in their ability to command 
the aid of their remote kin on account of their prestige and wealth and 
ability to dispense aid and favor. 

There is also a class, small in number, corresponding somewhat to 
the "clients" of the chiefs of the ancient Gauls. This body is com 
posed of servants who have grown up in the service and household of 
a master, and who have been well treated, and in times of need sus 
tained and furnished with the things needful to Ifugao welfare ; 
another division consists of those who habitually borrow or habitually 
rent from one who stands in the nature of an overlord to them. This 
class is most numerous in districts where most of the lands are in the 
hands of a few men. The duty of the clients to their lord and of their 



94 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

lord to them seems to be about the same as those duties have always 
been in a feudal society ; that is to say, the duty of rendering mutual 
aid and assistance. 

The first Step in any lega] prnnftflnrp i t.n r.nnsn1t Ayith onft s kir^ 

and relatives. In initiating steps to assess a fine or collect an in 
demnity, the next step is the selection of a monkalun. 



THE MONKALUN OR GO-BETWEEN 

125. Nature of his duties. The office of the monkalun is the most 
important one to be found in Ifugao society. The monkalun_ is a 
whole court, completely equipped, in embrvo. He is nudge, prose 
cuting and defending counsel, and the court record. 19 His duty and 
his interest are for a peaceful settlement. He receives a fee, called 
lukba or liwa. To the end of peaceful settlement he exhausts every 
art of Ifugao diplomacy. fTp wWrlip^ nnavp^ fhtt?rnj t^^nt^T , 
drives, scolds,, insinuates. He beats down the demands of the jlain- 
tiffs or prosecution, and bolsters up the proposals of the defendants 
until a point be reached at which the two parties may compromise. 
If the culprit or accused be not disposed to listen T6 r"eas*6n ancT runs 
away or "shows fight" when approached, the monkalun waits till tfie 
former ascends into his house, follows him, and, war-knife in hand, 
sits in front of him and compels him to listen. 

The monkalun should not be closely related to either party in a 
controversy. He may be a distant relative of either one of them. 
The monkalun has no authority^ All that he can do is to act as a 
peace making go-between. His only power is in his art of persuasion, 
his tact ana nis sKiilf uJT playing on human emotions and motives. 
Were he closely related to the plaintiff, he would have no influence 
with the defendant, and mutatis mutandis the opposite would be true. 

Ultimately in any state the last appeal is to a death-dealing weapon. 
For example, in our own society a man owes a debt which he does 
not pay. Action is brought to sell his property to pay the debt. If 
he resists, he is in danger of death at the hands of an agent of the 
law. Much more is he in danger if he resists punishment for crime. 
The same is true in the Ifugao society. The lance is back of every 
demand of importance, and sometimes it seems hungry. 



10 The word monkalun conies from the root kalun, meaning advise. The Ifugao 
word has the double sense, too, of our word advise, as used in the following 
sentences, I have the honor to advise you of your appointment ; and i I 
advise vou not to do that. 



1919] Barton: Ifugao Law 9o 

An Ifugao s pride as well as his self-interest one might almost 
say his self -preservation demands that he shall collect debts that are 
owed him, and that he shall punish injuries or crimes against himself. 
Did he not do so he would become the prey of his fellows. No one 
would respect him. Let there be but one debt owed him which he 
makes no effort to collect ; let there be but one insult offered him that 
goes unpunished, and in the drunken babbling attendant on every feast 
or social occasion, he will hear himself accused of cowardice and called 
a woman. 

On the other hand, self-interest and self-respect demand that the 
accused shall not accept punishment too tamely or with undue haste, 
and that he shall not pay an exorbitant fine. If he can manage to 
beat the demands of the complainant down below those usually met 
in like cases, he even gains in prestige. But the monkalun never lets 
him forget that the lance has been scoured and sharpened for him, and 
that he walks and lives in daily danger of it. 

The accuser is usually not over anxious to kill the accused. Should 
he do so, the probabilities are that the kin of the accused would avenge 
the death, in which case he, the slayer, would be also slain. The kin 
of each party are anxious for a peaceable settlement, if such can be 
honorably brought about. They have feuds a-plenty on their hands 
already. Neighbors and co-villagers do not want to see their neighbor 
hood torn by internal dissension and thus weakened as to the conduct of 
warfare against enemies. All these forces make for a peaceful settle 
ment. 

It is the part of the accused to dally with danger for a time, how 
ever, and at last to accede to the best terms he can get, if they be 
within reason. 

TESTIMONY 

126. Litigants do not confront each other. From the time at which 
a controversy is formally entered into, Jthe principals and their kin 
are on a basis of theoretical perhaps I ought to say religious enmity. 
A great number of taboos keep them apart. Diplomatic relations 
between the two parties have been broken off and all business per 
taining to the case is transacted through the third party, the monkalun. 
He hears the testimony that each side brings forward to support its 
contention. Through him each controversant is confronted with the 
testimony of the other. It is greatly to the interest of the monkalun 
to arrange a peaceful settlement, not only because he usually receives 



96 University of California Publications in Am. Arcli. and EtJin. [Vol. 15 

a somewhat larger fee in such case, but because the peaceful settlement 
of cases in which he is mediator builds up a reputation for him, so 
that he is frequently called and so can earn many fees. To the end 
of arranging this peaceful settlement, the monkalun reports to each 
party to the controversy the strong points of the testimony in favor 
of the other party, and oftentimes neglects the weaknesses. 
There are no oaths or formalities in the giving of testimony. 






ORDEALS 



127. Cases in which employed. In criminal cases in which the 
accused persistently denies his guilt, and sometimes in case of disputes 
over property the ownership of which is doubtful, and in cases of 
disputes over the division line between fields, ordeals or trials are 
resorted to. The challenge to an ordeal may come from either the 
accuser or the accused. Refusal to accept a challenge means a loss 
of the case, and the challenger proceeds as if he had won the case. 

If the accused comes unscathed from the ordeal, he has the right 
to collect from his accuser the fine for false accusation. 

If two people mutually accuse each other, panuyu, they are both 
tried by ordeal. If both be scathed, they are mutually responsible 
for the indemnity to the injured person. If only one be scathed, he 
is responsible for the indemnity to the injured person and for a pay 
ment of the fine for false accusation to the one whom he accused. 20 

128. The hot water ordeal. A pot, a foot or more in depth, is filled 
with water and heated to a furious boiling. A pebble is dropped 
into it. The accused must reach his hand into the water without 
undue haste, extract the pebble, and then replace it. Undue haste is 
interpreted as a confession of guilt. This ordeal is used in certain 
sections of Ifugao, while in others the hot bolo test is used. It is 
interesting to note that neither of them is efficacious in determining 
accusations of adultery. This is for the reason that the gods of animal 
fertility and growth do not permit an accused to receive an injury 



20 When a crime such as theft has been committed, and it cannot be deter 
mined from any evidence at hand who was the culprit, the injured person 
frequently resorts to the hapud. One form of this ceremony consists in placing 
an egg or areca nut on the edge of a knife or the bevel of a spear and repeating 
the prayers necessary to make the egg or areca nut balance and stand on end 
at the mention of the guilty person. Another form consists in spanning an 
agba stick. At the mention of the guilty person the stick grows longer, as 
revealed by its length in relation to the span of the priest. These sticks are 
kept for generations. Many of them are over a hundred years old. These 
ceremonies are not of virtue as evidence and are entirely without the pale of 
Ifugao procedure. They are of value only to the injured person in assisting 
him to determine who has committed the crime. 



1919] Barton: Ifugao Law 



97 



for that act which is so eminently useful in their particular sphere of 
activity. Thus, Ifugao religion looks with the greatest disfavor upon 
things which tend to restrict population, just as our law frowns upon 
statutes in restriction of marriage. 

129. The hot bolo ordeal. In this, if two persons mutually accuse 
each other, their hands are placed side by side. The monkalun lowers 
a hot knife on their hands. The knife burns the guilty person much 
more seriously than the guiltless one. If only one person be put to 
the test, it is said that the knife bends away from the hands of an 
innocent person. The monkalun, with all his might, it is said, cannot 
put the knife down on the hand: the gods of war and justice will 
not permit it. But if the person be guilty, the knife grips the hand 
in its eagerness. If the accused show fear and try to withdraw, the 
kin of the accuser may catch him and burn him well. I know a man 
whose fingers were burned off in this way, the thumb adhering to and 
coalescing with the palm. 

130. The alao or duel. Eggs, runo stalks, or spears are used in 
trials, the accused facing each other and, at the word of the monkalun, 
hurling their missiles. The duel is not without its dangers. Even 
though eggs or runos be used, the one struck is likely to return a 
stone ; and from throwing stones to throwing spears is an easy step. 
The two parties of kin are likely to take a hand. How much more 
likely are they to take a hand and avenge their kinsman if spears be 
the missiles and he be w r ounded ! 

The duel is used in cases of adultery, sorcery, and in some disputes 
over rice fields, everywhere in Ifugao. In adultery cases, only eggs 
are used in the duel. 

131. Trial by bultong or wrestling. This ordeal is used throughout 
Ifugao, preeminently to settle cases of disputed rice-field boundaries. 

The Ifugao clearly recognizes that the processes of nature land 
slides, the erosion of rainfall in wet weather, and caking and crumb 
ling in dry weather tend to w r ear away a terrace not maintained 
by a stone wall. A terrace maintained by a stone wall is a rarity in 
the Kiangan district. Should the boundary not be w^ell marked by 
pagJwk (see sec. 43) a dispute is nearly sure to result sooner or later. 
These disputes are usually settled by wrestling matches. The wrest 
ling matches are usually friendly. The Ifugao believes that the an 
cestral spirits of the controversants know which party is in the right, 
that they know just where the true boundary is, and that they see 
to it that he who is right shall win, provided always that they be 



98 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

invoked with the proper sacrifices ; and that they hold up even the 
weaker of the wrestlers, and cause him to win, provided his cause be 
just. Notwithstanding this belief, the people are sufficiently practical 
to demand that the wrestlers be approximately evenly matched. The 
owners of the adjacent fields may themselves wrestle, or they may 
choose champions to represent them. Between kinsmen these matches 
are presumably friendly ; and only sacrifices of dried meat are offered 
the ancestral spirits. But between those not related, there is often a 
great deal of unfriendly feeling. In this latter case numerous chickens 
and two or three pigs are sacrificed, and ceremonies like those against 
enemies are performed. 

On the appointed day the two parties meet at the disputed boun 
dary and occupy opposite ends of the disputed land. A party of 
mutual kin follows along and occupies a position midway between the 
adversaries. With each party is one of the family priests. Taking 
betels and dried meat (presuming the contest to be a friendly one) 
from a head-basket, the priest prays very much as follows : Come, 
Grandfather Eagle, Grandfather Red Ant, Grandfather Strong Wind, 
Grandfather Pangalina ; come, Grandmother Cicada, Grandmother 
Made Happy, Grandmother Ortagon; come, Grandfather Gold, etc. 
[throughout a list of perhaps a hundred ancestors] . Here are betels 
and meat ; they are trying to take our field away from us. And was 
it here, Grandmother Grasshopper, that the boundary oi the field was ? 
No, you know that it w r as a double arm s length to the right. Hold 
us up, you ancestors, in order that we may be the wearers of gold 
neck-ornaments ; in order that we may be the ones who give expensive 
feasts. Exhort [here the priest names over the gods of war and 
justice] to hold us up. Was it here, Grandfather Brave, that the 
boundary was when you bought the field? Do not let them take our 
land away from us, for we are to be pitied. We are sorely tried ! " 

After the prayers of the priests, each champion is led by one of 
his kinsman to the place where the first wrestling is to occur. This 
leading is very ceremoniously done, and suggests the heralding of the 
champions in feudal days. The dike of the upper terrace has been 
cleaned off at intervals of fifteen to twenty-five feet in order that the 
owner of the upper field may have no advantage. The champions 
frequently work themselves down half-thigh deep in rice-field mud, 
water, and slime. Catching fair and even holds, they begin to wrestle, 
encouraged each by the shouts and cries of his kinsmen and by the 
calling of the old men and old women on the spirits of the ancestors. 



1919] Barton: Ifugao Law 99 

Each wrestler tries to push his opponent into the territory that that 
opponent is defending and to down him there. If A throws B in 
B s field, ten feet from the line on which they wrestle, A wins ten 
feet of the rice field at that point. Finally, there is a fall that more 
than likely capsizes one or both of them in the black mud. One point 
in the boundary is determined. Frequently the lower terrace is eight 
or ten feet lower than the upper one, but there are no injuries for 
the reason that the mud is at least two feet deep and is a soft place 
in which to fall. 

At every fifteen or twenty feet along the disputed boundary there 
is another wrestling match. Sometimes the champions are changed. 
The new boundary runs through every point at which there has been 
a fall. 

132. The umpire and the decision. The monkalun is the umpire 
in trials by ordeal. He interprets undue haste or a faulty perform 
ance as a confession of guilt. On the day following the trial by fire 
or hot water he goes to the house of the accused and examines the 
hand and forearm. If he finds white inflamed blisters, he pronounces 
him guilty. In the case of a duel, he pronounces the one struck by 
the missile guilty. The Ifugaos believe that the gods of war and justice 
turn missiles aside from the innocent in these duels. For the umpire 
to be manifestly unfair, would be for him seriously to imperil his 
own life. 

As a matter of fact, a person whose skin is rough, dry, and horny 
has a great advantage in these ordeals. Since sword climbing and 
the walking on hot stones and live coals have occurred in other parts 
of the world, it would seem that a question might be raised whether 
state of mind, or other factors as yet unexplained, may not enter these 
affairs. 

EXECUTION OF JUSTICE 

133. Retaliation. In the case of lives lost in feuds, sorcery, mur 
ders, and head-hunting, capital punishment inevitably follows, pro 
vided the kin of the slain be sufficiently daring to execute it. 

Capital punishment is the rule, and is almost invariably inflicted 
in cases of the refusal to pay proper fines, for which demand has been 
made in correct form, and after a reasonable length of time has been 
given in which to raise the sum demanded, in punishment of adultery, 
manslaughter, the putting of another in the position of an accomplice 
in case of murder or death in feud, or for wounds, provided the culprit 
be not a kinsman or person closely related by niarriage. Rarely would 



100 University of California Publications in Am. Arcli. and Ethn. [Vol. 15 

there be much trifling in the infliction of this penalty. Seizure of 
something of sufficient value to cover the fine assessed might some 
times be made, except in the cases of adultery and manslaughter. To 
practice seizure in the case of adultery except when a kinsman were 
the offender would have the aspect of anxiety to profit by the pol 
lution of the wife s body and might give rise to suspicion of conspiracy 
on the part of husband and wife to bring about the crime in order to 
profit financially. In the same way, a self-respecting family would 
disdain to accept payment for the life of a kinsman except as a matter 
of forbearance and mercy to the taker thereof. We have seen before 
that unless the tokom be collected the injured person is in danger of 
losing his own life should he not slay him from whom the tomok is due. 

The crime of arson undoubtedly justifies the death penalty ; but 
it is so rare a crime that it is impossible to say what is the usual Ifugao 
practice in punishing it. 

The non-payment of a debt when there is the ability to pay it, and 
after many and repeated demands have been made in the proper 
manner for it, justifies the infliction of the death penalty. 

Capital punishment is administered by the injured person and his 
kin. In all cases it is fraught with the greatest danger to the inflicters. 
Usually it is inflicted from ambush, although it may be a sudden 
slaying in the heat of passion. The culprit is never notified that he 
has been sentenced to death. The withdrawal of a go-between from 
a serious case is, however, a pretty good warning. It has about the 
same significance as the withdrawal of an embassy in an international 
complication. 

The infliction of a death penalty has been the starting point of 
many an interminable feud between families. For this reason the 
injured person exhausts every effort to effect a punishment in some 
other way if any other punishment be consistent with his dignity and 
respectability. 

134. Seizure of chattels. If a kinsman of remoter kinship than 
that existing between brothers commit a crime punishable by death, 
except sorcery or murder, and obstinately refuse to pay the fine as 
sessed, seizure of his property or part of it is made. 

Seizures are made from unrelated persons to cover fines due in 
punishment of theft, malicious killing of animals, arson, and the minor 
crimes, also to secure payment of a debt. 

The following is a list of the things usually seized: gongs, rice- 
wine jars, carabaos, gold beads, rice fields, children, wives. 



1919] Barton: Ifugao Law 101 

A seizure may be made by fraud or deceit, or it may be made in 
the absence of the owner of his household, or it may be made by 
superior force. Considering only the manner of the seizure, there is 
but one law to be followed : the seizure must be made in such a manner 
as to leave no doubt as to the identity of him who seizes. Thus if 
B persistently refuses to pay a fine owed to A, A may go to B s house 
when there is nobody at home and may run away with a gong. If 
he leaves his bolo, his scabbard, his blanket or some other personal 
effect in the house as a sort of a visiting card, his seizure is legal. 
Or A may go to B s house and, pretending friendship, borrow the 
gong, representing that he wants to play it at a feast and, having 
secured possession of it, refuse to return it till the fine be paid. Or 
suppose that an agent of B s is bringing a carabao up from Nueva 
Vizcaya, and that the agent has to travel through A s village. A 
and his friends stop the agent and take the carabao away from him, 
telling him to inform B that the carabao will be delivered to him \vhen 
the fine is paid. 

There is a second kind of seizure, a seizure of the property of 
some relative or kinsman of the culprit. The property of a wealthy 
kinsman may be seized to cover a fine due from a poor kinsman who 
has no property. This kind of seizure is more likely to lead to a 
lance throwing than a seizure from the culprit himself. The danger 
of such an ending increases with the remoteness of the kinship be 
tween the culprit and the person from whom the seizure is made. 

A third kind of seizure is practiced against neighbors of delin 
quents who live in another district. Suppose a man B in one of the 
districts to the west of Kiangan to have gone to Nueva Vizcaya (east 
of Kiangan) and there to have purchased a carabao. He owes no 
debts, nor have any fines been levied against him. He returns through 
Kiangan, however, and his carabao is seized by A, a Kianganite. B 
is informed that C, a resident of the same district as he, stole a pig 
a year or two ago from A. The evidence against C is placed before 
him in the minutest details. He is given thirty pesos as patang (inter 
est in advance) and told to collect from C the payment proper to the 
case, and in addition the thirty pesos advanced as patang. When he 
makes these collections, and delivers them to A, he gets back his 
carabao. If C is innocent of the crime charged, he may kill A for 
this, or he may do so even if guilty. More likely he kidnaps A s 
wife or child and sells them for a ransom sufficiently great to repay B, 
and leave a substantial surplus for himself. A may or may not 
retaliate with the lance. 



102 University of California Publications in Am. Arcli. and Ellin. [Vol. 15 

In quarrels between kadangyang (for their dignity is very dear 
to them) and between persons of different districts or contrary parties, 
it is more frequently than not the case that the thing seized is not 
returned. Powerful individuals in a district are rather glad to have 
a seizure made of their property, since they can nearly always manage 
to come out winner in the finish. Thus in the case above, B, if a 
powerful individual, probably collects two or even three carabaos or 
their equivalent value from C, and besides he receives thirty pesos 
patang. It would seem that the obligation rests on every Ifugao not 
withstanding there is no political government so to conduct himself 
as not to involve his neighbors in trouble with individuals of inimical 
or semi-inimical districts; and that should he so involve them, he is 
liable to whatever punishment circumstance metes out to him. 

In the case of altercations between individuals of different dis 
tricts, seizure of animals was generally practiced by persons of those 
districts through which the road led to the region from which the 
animals were imported. Of all districts, Kiangan was most advan 
tageously situated in respect to this matter ; since, for the greater part 
of Ifugao-land, the road to Nueva Vizcaya (whence most of the 
animals imported into Ifugao came) led through it. 

. 135. Seizure of rice fields. The seizure of rice fields is practicable 
only in case the fields are near the village of him who seizes them. 
For if located in a distant district, the working of the field would be 
extremely hazardous, and its protection and continuous holding- 
impossible. 

Fields may properly be seized for collection of debt or for refusal 
to pay fines or indemnities. Portions of fields are seized sometimes 
in disputes as to ownership or boundaries. 

Disputes over ownership and boundary come to a head during 
spading time. One party begins to spade for the next year s crop 
the land claimed by the other. The other party sticks up runos, tied 
"ethics lock" fashion (alpud), along the line which he claims to be the 
true boundary. The first party then pulls up these runos, and sticks 
down others along the line claimed by it as the true boundary. The 
issue is joined. The defendant has made his "rejoinder." A mon- 
kalun is now selected by the plaintiff party, and tries to arrange 
and in case of disputed boundaries nearly always does arrange a 
means of peaceful settlement, either by compromise or through trial 
by wrestling. Sometimes the ownership of a field itself is in question. 
Usually the question is one of inheritance ; although there are a mini- 



1919] Barton: Lfugao Law 103 

ber of other causes that may give rise to dispute. 21 Ownership is 
usually peaceably settled by means of a wrestling match. 

We come now to those cases in which a field is seized for debt 
as payment of a fine or indemnity. The plaintiff or prosecutor seizes 
the field at spading time by planting runo stalks, alpud, in it, The 
defendant probably pulls up these stalks and throws them away. 2 - 
An attempt may be made by mutual friends and relatives to recure a 
peaceful settlement of the trouble. A rice field is a thing sc dear to 
the Ifugao, and so necessary and useful t him, that such attei ipts are 
extremely likely, however, to come to naught. 

If the matter be not arranged otherwise, the seizer of the field 
sends a body of men to spade it, holding in reserve an armed force of 
kinsmen and relatives to protect and maintain the spaders if they be 
attacked. The other party emerges with an armed force to drive 
the spaders away. The two parties meet. If one be greatly superior 
in strength, the other usually retires, and surrenders the field. If they 
be fairly evenly matched, a battle is likely to ensue. If the first wound 
be a slight one, the party receiving it is likely to withdraw ; but if it 
be serious, or if one of their number be killed, they fight to avenge 
him. Sometimes four or five men are killed in one of these frays. 

But in the meantime, and often before actual fighting begins, a 
body of mutual relatives, friends, and neighbors emerges and tries to 
make peace and secure an amicable settlement. 

136. Enforced hospitality . Sometimes a creditor and a numerous 
and powerful following of kinsmen descend upon a debtor s house as 
unwelcome guests, consume his stores of food, and force his hospitality 
until appeased by the payment of the debt. 

This form of collection can only be used in the case of debts, for 
in all other controversies, taboos forbid the eating of the adversary s 
food, drinking his water, chewing his betels, etc. Even in the case of 
debt, if a go-between has been sent to the debtor, this means may not 
be used. It can only be used in a case where "diplomatic relations" 
have not been ruptured. 



21 The very day that T wrote this, the ownership of a field was settled by 
a wrestling match/ An Ifugao some time before pawned a field to a christianized 
Ifugao. This worthy had the temerity to sell the field. Although the pawner 
would have surely been sustained in his right had he appealed to the lieutenant- 
governor, nevertheless, he was so confident, being in the right, that he would 
not lose, that he consented to settle the ownership by a wrestling match. He 
won. The christianized Ifugao may possibly now have more faith in the tenet 
of his former religion that the ancestral spirits uphold him who is in the right. 

-~ He may gratuitously add an insult by implanting a few of them in a pile 
of fecal matter. 



104 University of California Publications in Am. Arch, and Etlui. [Vol. 15 

137. Kidnapping or seizure of persons. Interior districts had no 
opportunity to seize animals from those districts nearer than they to 
the region whence animals were imported. Of necessity, then, they 
kidnapped and sold or held for ransom women and children from those 
districts. 

138. Cases illustrating seizure and kidnapping. The following 
instances actually occurred in times past. They are excellent and 
veritable illustrations of this phase of Ifugao administration of justice : 

Bahni of Tupplak spoke scornfully of Bumidang of Palao. Some time sub 
sequently he sent a man to buy carabaos in Nueva Vizcaya. The man bought 
two, and returned on the homeward journey, travelling through Palao. Bumi 
dang took one of the carabaos away from him there, and with his kin, killed it 
and ate it. Bahni with his kin shortly afterward went to the house of Dulau- 
wan of Bangauwan, a neighboring village, and stole away with Dulauwan s 
carabao. Dulauwan followed after them, hotfoot, and was given as patang 
three pigs, and told to collect his carabao from Bumidang. Dulauwan gathered 
together a great host of kinsmen and neighbors, descended on Bumidang s 
house, and camped there demanding three carabaos. To show that they meant 
to get them, they helped themselves to rice needed for their daily food from 
Bumidang s granary. Bumidang was unable to get together a sufficient force 
to frighten away his guests, and accordingly he paid the three carabaos. 

Ginnid of Umbul presented a demand to Guade for the payment of a long- 
outstanding debt. Guade denied that the debt was owed. Ginnid seized Guade s 
field. Each party led a force of kinsmen to the field. There they fought with 
spears and shields. The first man wounded was Tului of Pingungan, a kins 
man of Guade. He received a slight wound. Guade s party then withdrew. 
Guade paid the debt, and got his field back. 

Gumangan of Ambabag when a youth, sent an advocate to ask for the hand 
of the daughter of M of Umbul. He was accepted. But he changed his mind about 
the girl, and went to Baininan, where he engaged himself to a girl of that 
village without assuaging the mental agony of his jilted fiancee by paying the 
hudhud indemnity. M seized a carabao belonging to Gumangan. Gumangan 
gathered together his kin and went to Umbul only a quarter of a mile distant 
to prevent the slaughter of his animal. But M s party was so much more 
powerful that Gumangan s kin ran away. M s party then killed and ate the 
carabao. 

Gumangan married in Baininan, and bearing in mind his former humiliation, 
decided to do something that would restore his prestige and at the same time 
assure him a sufficiently large body of followers to make him strong to demand 
and to resist demands. He consequently gave a great uyauice feast at which 
the unheard of number of six carabaos was slaughtered, to say nothing of 
innumerable pigs. And later, he gave the liagtibi feast an even more expensive 
operation. 

Dumalilon of Tupplak borrowed a carabao of Gumangan. Five years elapsed, 
yet he made no move to repay the debt, notwithstanding repeated demands of 
Gumangan. Gumangan seized Dumalilon s field, which had already been 



1919] Barton: If ugao Law 105 

spaded, and threw his seed-bed away. Both men led armed parties to the field, 
but this time Gumangan was careful to have a sufficient number of backers 
on hand. Dumalilon s party took to flight. 

In Burnai, a fight occurred over the seizure of a rice field that resulted in 
the killing of four men. 

Kodamon of Pindungan and Katiling of Ambabag- 3 had a dispute over the 
boundary of a field. There were pagJiok to mark the boundary, but Kodamon 
contended that all memory of the planting of the paghok was absent, and that 
they were, consequently, without significance in the matter of dispute. They 
wrestled, and Kodamon lost a little ground, but Katiling tried to take more 
than was due him according to the verdict of the wrestling matches. Katiling 
sent men to spade the disputed territory, and led an armed force out to sup 
port them. Kodamon led an armed force to the field. At the same time and 
at a safe distance, the mutual kin of the two parties and a goodly number of 
neighbors gathered. Kodamon was armed with a Eemington rifle whose trigger 
was broken; Dulinayan, a kinsman of Katiling, with a revolver for which he 
had no ammunition. The other members of each force however were sub 
stantially, if less spectacularly, armed with spears w r hich they well knew how 
to use. Women rushed in between the two parties, and catching the warriors 
by the waist tried to lead them away. One can well believe that the air was 
riven by curses, threats, accusations, upbraidings, imprecations, invocations. 
The male neutral kin shouted from their safe distance that if Kodamon killed 
Katiling, they would kill Kodamon (as a vengeance for the death of their 
kinsman) while if Katiling killed Kodamon, they would avenge their kinsman s 
death by killing Katiling. "What kind of a way is this for co-villagers to 
settle a dispute, they shouted. Go back home and beget some children, 
and marry them to each other, giving them the two fields, and then it will make 
no difference where the division line is!" There was an exchange of spears 
in which Buaya, a kinsman of Kodamon s, was wounded slightly. The matter 
was then left in abeyance with the understanding that as soon as possible, the 
two families be united by a marriage, and the two fields given the married 
couple. 

It happened, however, that on account, of the sexes of the unmarried children 
of the families, a union between them was impossible. Accordingly, Kodamon 
gave his field to his son Dulnuan, and Katiling traded his field to Pingkihan, his 
brother. Both of these young men had pregnant wives. Pingkihan s wife gave 
birth first, the child being a girl. Shortly afterward, Dulnuan s w r if e gave 
birth. I met Dulnuan, and not knowing of the event, and noticing that he 
seemed downcast, asked 1 him why he was so sad. "My wife has given birth to 
a girl baby," he said. The quarrel over the boundary is as yet unsettled. 

Kuyapi of Nagakaran, before the Spanish occupation, sent a slave child to 
Guminigin of Baay, to be sold in Baliwan (Nueva Vizcaya), stipulating that the 
child must bring at least five carabaos. Guminigin sold the child for seven 
carabaos, delivering five to Kuyapi, and kept two. 

The Spaniards came. They were exceedingly partial to the people of 
Kiangan district in which the village of Baay is located. They paid little or 
no attention to complaints of people of other districts against people of Kiangan 
district. Many debts owed by Kiangan people were unpaid, for the Kian- 

23 The villages of Pindungan and Ambabag are less than a mile distant from 
each other. 



106 University of California Publications in Am. Arch, and Etlm. [Vol.15 

ganites took advantage of the protection given them by the Spaniards. And 
yet the Nagakaranites and Kianganites were very closely united by marriage 
and by blood. Indeed Kuyapi and Guminigin were second or third cousins. 

Owing to the difficulty the Nagakaran people had in collecting debts owed 
them by the Kianganites, they conceived for the latter and for the Spaniards 
a most violent hatred, and began to make reprisals. The Spaniards punished 
these reprisals by making an expedition to Nagakaran in which they came off 
second best. 24 They sent another and stronger expedition, which killed a 
number of people and which burned all the houses in the district. To this day 
the Nagakaran people have not been able to rebuild their houses the large 
trees having long since been cut from nearby forests and live in wretched 
shacks built on the ground. They blame the Kiangan people, saying that the 
latter invited the Spaniards into Ifugao. 

Kuyapi claimed that the terms on which he sent the slave to Guminigin 
were that Guminigin Avas to receive only one carabao for having effected a 
sale, and that all the rest were to be delivered to him, and that there was 
consequently a carabao still due him. It seems likely that the claim was 
false, and that it was advanced merely as an excuse for making a reprisal. 

Pagadut, the son of Guminigin, to whom demand was presented for the 
payment of the carabao claimed to be yet due, refused to pay this debt. The 
Nagakaran people made an expedition into Kiangan district (about two miles 
distant) and captured Ormaya, the daughter of Pagadut, a very comely girl 
of sixteen or seventeen. In order to make her walk, and in order that she 
should not continually offer resistance, they took her skirt off so that she would 
have to cover her shame with her hands and would also hurry to arrive at the 
journey s end. 2ia But the Baay people managed to cut off Lubbut the son of 
Kuyapi, and imprison him. They took him to a granary in Baay, intending 
to keep him as a hostage for the return of Ormaya. But word was carried to 
the ears of the Spanish commandante of this capture. He had Lubbut brought 
before him. He struck Lubbut, tied although he was, twice in the face, and 
would have continued, had not Alangwauwi the husband of Ormaya seized and 
held his arm and beseeched him not to use Lubbut harshly. The commandante 
promised not to take his life. But a soldier called attention to the fact that 
a gun had been captured with Lubbut, which gun, it was claimed, was that of 
a Spanish corporal w r hom the Nagakaran people had killed. Alangwauwi and 
his companions started back to their homes in Baay. But on the road, they 
saw, across the valley, Lubbut with his back turned to a firing squad, saw a 
puff of white smoke, and saw Lubbut fall into a rice field. Alangwauwi says 
he burst into tears for he realized that this meant serious trouble for him and 
his relatives, and placed Ormaya s life in the greatest peril. 

When the Nagakaranites heard of Lubbut s death, they at first blamed 
the people of Baay for it. Inasmuch as it is against the ethics of people of 
the Kiangan-Nagakaran-Maggok area to kill women, or at least to kill any but 
Silipan women, they considered walling Ormaya up in a sepulchre and leaving 
her to die for want of food and drink. The women relatives of Lubbut wanted 
very much to kill Ormaya, and pointed out that while it would not be per 
missible for the men to kill her, there would be no disgrace in their doing 



24 The Nagakaran people claim that only five out of forty of the first 
expedition returned. 

24a This was the usual method of treating kidnapped persons. It is interest 
ing to note an almost parallel practice on the part of the Allies in the present 
war. When prisoners are taken, the buttons are cut off their clothing, in order 
to keep their hands engaged during the march to the rear. 



1919] Barton: Ifugao Law 107 

so. But Kuyapi would have none of it. He himself guarded his prisoner two 
or three nights to see that her life was not taken. 

Soon a moiikalun was sent to ascertain the true details of Lubbut s death. 
His report exonerated the Baay people. The Nagakaran people held Ormaya s 
ransom considerably higher, however, because of that death. They received 
five carabaos, twenty pigs, two gold beads, and a great number of spears and 
bolos, and death blankets. It was five months before the Baay people could 
raise the amount of this ransom. During this time, Ormaya was well treated 
for was she not a kinswoman? but she was carefully guarded. 



THE PAOWA OR TRUCE 

139. The usual sense of the term "paowa". The word paowa 
means literally prohibition. As most commonly used, it denotes a 
period of truce imposed by the monkalun in cases that cannot be peace 
ably arranged. It is a period that gives both sides to a controversy a 
chance to cool off. It avoids that rash and ill-considered action that 
would be likely to follow the breaking off of diplomatic relations be 
tween the two parties. 

I say the paowa serves these purposes. However, it is imposed by 
the monkalun in order to allow him to withdraw with dignity from 
the case, and without loss of reputation. A lance throwing or a seizure 
made while he is acting as monkalun or occurring soon after he has 
severed his connection with the case is an insult to him. People say 
to him: Dinalan-da tolban-mo, "they went over your head." Such 
an occurrence is exceedingly hurtful to his reputation. People will not 
employ him as monkalun for the reason that his cases do not end in 
peaceable settlements. He thus loses many fat fees. 

Assuming that the Ifugao s culture would some day, if left alone, 
develop courts somewhat after the fashion of the courts of civilized 
nations, have we not here the embryo of contempt of court ? 

The period usually set by the monkalun, as truce, is fourteen days. 
During this time, should one of the parties to the controversy commit 
any act hostile to the other, the monkalun must avenge or punish it. 
At the conclusion of this period of truce, the two parties may fight out 
the dispute to suit themselves, kidnapping, seizing property, or hurl 
ing lances, without injuring the dignity of the monkalun; or the 
aggressive party may employ another monkalun. 

140. Another sense of the term "paowa,". Should a wife have 
committed a crime against the marital relation, and should her hus 
band be unable for any reason to collect the gibu due him in the case, 
he may put a prohibition on her marrying any other man until the gibu 
be paid. 



108 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

TERMINATION OF CONTROVERSIES: PEACE-MAKING 

141. The hidit or religions aspects of peace-making. The word 
hidit has three senses : It refers to a class of deities, the offspring of 
one of the principal deities of war ; it refers to sacrifices to these deities ; 
it refers to peace-making. Deities, sacrifice, and peace may seem 
widely distinct, but a glance into the Ifugao s religion will show the 
connection. 

The hidit (deities) desire peace: but the peace must be made in 
the proper manner, and accompanied by sacrifice to themselves. The 
hidit have established the taboo that those who are involved in a 
controversy or enmity must not chew betels with an adversary, nor 
be in the same house or gathering or feast with him, nor drink with 
him, nor receive gifts or hospitality from him. The penalty for break 
ing this taboo is the affliction by the hidit with diseases of the lungs, 
throat, voice; the condition known as "big belly," leukaemia, short 
wind, swelling of the feet, dropsy, etc. This may be said to be the 
punishment for making peace without ceremonies. But sometimes the 
hidit punish the prolongation of a feud, enmity or controversy, by 
afflicting one or both of the parties as set forth above. Those who 
are involved in long enmities sacrifice continually to the hidit in order 
to offstand such affliction. 

The hidit or peace-making ceremony is performed in the following 
cases : 

(a) At the termination of the funeral of a married person. It is 
performed between the kin of the dead spouse and between those of 
the living spouse. 

(6) Between adversaries in case of adultery, rape of married 
woman, sorcery, murder, manslaughter, malicious killing of animals, 
false accusation, disputes over rice fields, theft (sometimes), or other 
serious controversy, provided the controversy terminate peaceably. 

(c) At the peaceful termination of all ordeals and trials. 

(d) Between the kin of a dead spouse and the widow or widower on 
occasion of remarriage of the latter. 

(c) Between parties to a controversy ending in payment of the 
tokom fine. 

(/) At the termination of a feud, between the families involved in 
the feud. A feud was rarely my belief is that it was never termi 
nated except by a marriage or on request of one of the members of the 
family afflicted by the hidit deities. In the latter case, peace might or 



1919] Barton: Ifugao Law 109 

might not be purchased. At any rate, the family suing for peace 
furnished the animals for sacrifice. 

In most parts I believe all of Ifugao, peace was never made 
between districts or villages. Peace was always made between families; 
but peace between the principal families of two villages or districts 
was sometimes in effect a peace between the districts or villages 
involved I say sometimes because such a peace was uncertain and 
undependable. 

When peace was made between families of different districts, or 
between families of the same district in cases of serious controversy, 
two men were chosen, one by each party to the peace, and with appro 
priate prayers and ceremonies, were given good spears. It was under 
stood always that these spears were for the purpose of killing the first 
one of either party who reopened the feud, war, or controversy. After 
this ceremony, other spears were broken and tied together as a symbol 
of the breaking and tying up of all enmity ; as a symbol, too, that 
spears were no longer needed. 



AN INTER-VILLAGE LAW 

142. Neutrality. When a war expedition or party passed through 
a village en route against another village, the intermediate village 
might signify its neutrality by casting a spear at the party. The spear 
never struck a member of the party, of course, nor was its casting 
taken as an unfriendly act. It was merely a declaration of neutrality. 
Should a village fail to cast a spear in these circumstances at such a 
party, the people of it would be held as enemies and accomplices of 
the members of the war party. 



110 University of California Publications in Am. Arcli. and Etlin. [Vol. 15 

APPENDICES 

APPENDIX 1: IFUGAO BECKONING OF KELATIONSHIP 

All Ifugao words denoting relationships except the words for 
father and mother are common in gender. 
To any individual of any generation: 

1. All his kin of his own generation are tulang (brothers, sisters). 

2. All children of his kin of his own generation are anak (sons, 
daughters). 

3. All grandchildren, great-grandchildren, etc., of his kin of his 
own generation are apo (grandsons, granddaughters). 

4. All kin of the same generation as his father and mother are ama 
or ina (father or mother). 

5. All kin of the same generation as his grandparents, great-grand 
parents, etc., are apo (grandparents). 

6. All relatives by marriage who are the husbands and wives of 
the kin of the same generation are aidu (brother-in-law, sister-in-law). 

7. All relatives by marriage, the husbands and wives of the kin of 
the generation of his father and mother, are ama-on or inaon. 

8. The father or mother of his wife are ama or ina (father or 
mother), by courtesy. 

9. The kin of the father or mother of his wife are tulang di ama 
(or ina) n di inay-ak (kin of the father, or mother, of my wife). 

In the Benaue district, the kin of one s father or mother, in addi 
tion to being called father or mother, are also called ulitao (uncle or 
aunt), and the husbands or wives of the ulitao are called ulitaon 
(uncles-in-law, aunts-in-law). The son or daughter of a kinsman or a 
kinswoman of the same generation in addition to being called son or 
daughter of one s self is called amanaon. 

APPENDIX 2: CONNECTION OF RELIGION WITH PROCEDURE 

An Ifugao myth. Partly because of its connection with the Ifugao 
marriage ceremony, partly because it illustrates so well the use to 
which the Ifugao puts his myths rarely telling them for amusement, 
but reciting them in religious ceremonies as a means to magic and 
partly because it is so characteristically Ifugao, I have decided to 
append the following myth, despite the fact that it might more 
properly appear in a work on religion. 



1919] Barton: Ifugao Law 111 

Most of the Ifugao s myths have either been invented or if not 
invented, changed, for the purpose of affording an analogy to the solu 
tion of the difficulties or misfortunes that confront men today. The 
Ifugaos have a myth telling of a great flood, whose only survivors 
were a brother and sister Balitok and Bugan. In chagrin and shame 
because her brother has gotten her with child, Bugan flees into the 
East Region to seek destruction from the terrors there. They refuse 
to destroy her, but teach her how r to take the curse off marriages 
between kindred by the sacrifice of two pigs, a male and female of the 
same litter. Notice how a flood myth an element in the mythology of 
nearly every people under the sun has been modified and made to 
serve a magic purpose. 

The myth given below is a further and utterly inconsistent modi 
fication of this flood myth. In the myth above, Balitok and Bugan 
are represented as having a child and not wanting it in the myth 
below, they have no child but want one. 

The ceremony of using a myth to serve a religious end consists of 
two parts. The first is the recitation of the myth by the priest. This 
is called bukad. In affords an analogy to the condition of sickness, 
war, famine, harvest, union in marriage, or what not, in which the 
performers of the ceremony find themselves, and the happy solution 
of the problem. It is terminated by what I term the fiat. This is an 
expression of the priest s will that the happy solution related in the 
myth shall be existent in the present situation. It is not, I think, the 
fact of the priest s will that is thought to bring about the solution so 
much as the compelling and magic power of his spoken word to that 
end. 

Up to this stage, the ceremony is sympathetic magic. In the second 
stage it becomes witchcraft, and is called tulud, "pushing." In it 
the priest "pushes" the deities of the myth over the route from their 
habitations in the Skywoiid, the Underworld, the East Region, the 
West Region, or wheresoever they may abide, step by step to the village 
of the Ifugaos performing the ceremony. He may recite their passage 
through as many as thirty or forty localities, and as the priest drones : 
"They climb the steep at Nunbalabog; they descend at Baat, they 
wade at Monkilkalney, " etc., the compelling power of his spoken 
word "pushes" the deities along. Finally the deities arrive and 
declare through the priest that they will confer the benefits requested. 

This myth is employed in all of the final ceremonies of marriage, 
and in all ceremonies of married persons that have the obtaining of 



112 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

children as their object. The translation is absolutely literal and 
without embellishment. 

How Balitok and Bugan obtained children. And it is said that Bugan and 
Balitok of Kiangan were childless. " What is the use [of living] 1" said Bugan. 
"Stay here, Balitok. I am going to go to the East Country. I will see Ngilin, 
Umbumabakal, Dauwak, Pinyuhan, Bolang, and the Gods of Animal Fertility 
of the East." She got betels together and packed them. Bugan and Balitok ate. 
After finishing, they chewed betels. 

Bugan put her pack on her head and started. She came to Baladong [Ligaue 
Gap]. She went on to Kituman. Went eastward to Ulu. Forded at Agwatan. 
Encountered the Fire at Bayukan. He [the Fire] asked, "Where are you 
going, Bugan ? 

"I am going into the East Eegion," said Bugan, "because we are childless, 
Balitok and I. I am going to find some one to devour me, because we are very 
lonely." Fire laughed. "Do not feel so, Bugan," he said, " keep going east 
ward until you come to Ngilin, Umbumabakal, and the deities of the East 
Eegion. 

Bugan put her pack on her head and continued to Balahiang. She came to 
the lake [or ocean("?)] at Balahiang. She aroused the Crocodile. 

"Who are you, human?" said the Crocodile. 

"I am Bugan of Kiangan." 

"And why is it," said the Crocodile, "although the Flood of the East Eegion 
and the Flood of the West Eegion came upon me and fear to arouse me, that 
you, Bugan, a [mere] human, [presume to] molest me?" 

"Yes," said Bugan, "that was my intention; for I am searching for some 
one to devour me. 

"Why?" said the Crocodile. 

"Yes, for I have become very lonely; for Balitok and I have no children." 

The Crocodile chuckled. "Oh, I w r ill not devour you, Bugan," he said. 
"I would shame to devour one so beautiful. Continue on eastward, and arrive 
at the dwelling of the Shark. Wake him up, in order that he shall be the one 
to devour you. 

Bugan thought well of it. She put her pack on her head. She went on 
eastward and came to the waters where dwells the Shark. It was fear-inspiring, 
and caused her to exclaim "Inay!" She was terrified, but she conquered her 
fear. She reached for betels, and threw them between her teeth. She crushed 
them. They became like blood. Bugan spat into the waters. She beheld a 
great wave circle. The Shark came into sight. He grunted. 

"Who are you, human?" he said. 

1 I am Bugan, the wife of Balitok at Kiangan, she said. 

"And why is it that you arouse me, human? And there come the Strong 
Wind of the East and the Strong Wind of the West, and they arouse me not; 
for I am ferocious here in the East Eegion. Yet you, Bugan, the wife of Balitok 
at Kiangan, you arouse me?" 

Yes, that is what I purpose, said Bugan, i for I am looking for someone 
to devour me." 

The Shark chuckled. "Why?" he said. 

"Yes, for I want to be devoured because Balitok and I have no children." 

"I would shame to do so, for you are a beautiful woman. Come into my 
house in the Waters in order that we may eat." 

Bugan entered . They ate. 



1919] Barton: Ifugao Law 113 

"Continue," said the Shark, "into the East Eegion. Go unto the dwellings 
of Umbumabakal and the Gods of Animal Fertility. 

Bugan rose to the surface of the waters, and on the beach again put her 
pack on her head. She continued the journey. She came to Lunibut, to the 
house of Umbumabakal. The house was covered with enormous ferns. It 
terrified her. She threw betels between her teeth, and put down her fear. 
She passed through the gate of the enclosure about the house, and sat down on 
the rice mortar. In the evening of the day Umbumabakal came down. He was 
looking for something to eat. He passed through the gate. Bugan hid herself 
in a large wooden bucket. Umbumabakal kept sniffing the air. 

"Why is it that there is something human here now," he said, "yet noth 
ing of the kind has ever happened before?" 

He sought for Bugan. He found her in the bucket. 

"Why, human, are you here?" he said. 

"I am Bugan, the wife of Balitok. " 

"Why do you come here, Bugan, wife of Balitok?" he said. 

"Because I want to be devoured." 

"Why?" 

"Yes, for we are childless at Kiangan. " 

"Umbumabakal laughed. "Well," said he, "tomorrow we will go to the 
dwelling of Ngilin and the other Gods of Animal Fertility. 

On the morrow they visited the various Gods of Animal Fertility. They 
gathered pigs and chickens as gifts to Balitok and Bugan. "Eeturn to 
Kiangan," they said. "We will go with you." 

[At this point, some priests change the myth into a tulud, while some con 
tinue it as a myth. We will here insert the method of this change.] 

[Fiat by the priest, i.e., a statement of the priest s will:] It is not formerly, 
but now; not to Kiangan that they come but here to our village of X, in order 
that they relieve A and B of childlessness; in order that they increase the 
life here in our village of X. They bring children and pigs and chickens and 
miraculous increase of rice to A and B here in our village of X. 

They return to Lumbut. They come west to Agab. They continue to X. 
[Here follows a detailed "pushing" of the party from the East Region to 
the village in which the priest is performing the invocation, and to the house 
of the childless couple.] They look up. "Why, it is our children in X," they 
say. 

"Yes," [says the priest,] "for they are childless. Give them children. Let 
some be male and some be female. Let there be a myriad of shields [figura 
tively: men] and a myriad of tudong [women s sweet potato baskets; figura 
tively: women] here in our village of X. Let the pigs and the chickens become 
many. May the rice be miraculously increased. Bring us much life here in our 
village of X. 

[If the priest does not change the myth to a tulud at the point above, he 
continues it as follows:] 

They continued with Bugan to Kiangan. They gathered together the 
"sitters" [priests] at Kiangan. They sacrificed the pigs and the chickens. 
The Gods of Animal Fertility taught them how to perform the bubun ceremony. 
They divided [as a tribute] the meat with Ambahing [who takes semen from the 
womb of women and carries it off in his hip-bag] and with Komiwa [who stirs 
up semen in the womb so that conception is prevented], 

Bugan and Balitok multipied at Kiangan. There came to be a myriad of 
shields [men] and a myriad of sweet-potato baskets [women] in Kiangan. The 



114 University of California Publications in Am. Arch, and Etlm. [Vol. 15 

pigs and the chickens became many. Their children scattered throughout the 
hills of Pugao [the Ifugao s earth]. The rice dikes climbed up the mountains. 
The hills smoked day by day [from the burning off of clearings for sweet- 
potatoes]. Life was miraculously increased. 

[Fiat ~by the priests:] It is not then but now; not in Kiangan, but here in 
our village of X. It shall be the same with these children, A and B. Their 
children will be many. Let some be male and some female. Let their pigs and 
the chickens, etc., etc. 

[Tulud.] "We will go now," said Umbumabakal. "All right," said 
Bugan. "There is a calling above," said Ngilin. 

"Have you kin yonder?" said Umbumabakal. 

"Yes," said Bugan, "we have kin in the village of X." 

Let us thither, say the Gods of Animal Fertility. They come westward 
to Tulbung. They continue to X. [The priest "pushes" the deities step by 
step on the way to the village in which he is performing the invocation. When 
they arrive, the same occurs as shown in the tulud inserted above.] 

The halupe feast. The halupe are a class of deities that keep 
an idea constantly before the mind of one whom they are sent to 
harass. They are most frequently used against debtors ; but they may 
be sent to soften the wrath of an enemy or the stubbornness of a pretty 
girl, or for other purposes. They are induced to serve the end of him 
who invokes them by the sacrifice of a pig or chicken and by offerings 
of betels and rice wine. There are about a hundred of these deities. 

After the ancestral spirits have been invoked, and beseech ed to 
intercede with the halupe for the purpose desired, the halupe them 
selves are invoked, in some such words as the following : 

"Ye Jialupe of the Skyworld, of the Underworld, of the AVest Eegion, and 
of the East Eegion, are beseeched to attend. It is prayed ye that ye go and 
harass (name) so that he will not sleep for thinking of his debt to me. If 
he goes to get water, go with him; if he goes to get wood, go with him; if he 
goes on a trading trip, go with him. Harass him to the extent that he will 
give me his pigs, his rice, his chickens, his death blankets, his money, his rice 
fields, his "irons," his house furnishings: [There is no danger of asking 
too much of a deity or a white man!] May the speech of the go-between make 
him ashamed to refuse! Do not let him sleep till he pays the debt." 

A subclass of the halupe deities have, for their especial function, 
the soothing of obstinate debtors so that they may not get angry at the 
words of the go-between, nor run away from him when they see him 
coming. These are also invoked. 

The priest then is possessed by the lialupc one by one, and through 
him, each of the halupe takes a sip of rice wine, and states that he will 
harass the debtor and that he will not allow him to sleep till he pays. 

After this ceremony, a fowl or pig is sacrificed and given the 
halupe. The meat is cooked and spread out on some cooked rice. 



1919] Barton: Ifugao Law 115 

Myths relating how some ancestor successfully invoked the halupc, are 
then recited for the magic power that lies in the recital, and are 
followed by tulud, ceremonies of witchcraft in which the deities are 
"pushed along" by the compelling power of the word of the priest 
to do his bidding. More frequently than riot, the myth changes 
abruptly into the tulud. The following instance is taken verbatim 
from a series of ceremonies that I had a priest perform against a 
delinquent debtor who owed me a sum of money. I regret to say that 
the ceremonies were not efficacious. 

Biikad (Myth). Oaclda kano da Tumayaban ud Kakunian ko da Panubok ko da 
Binantawan ke da Banaban ke da Dimpuyu. Kon-da takon da monnigi, dola-<7:i d 
Kabunian. Panganun-da amaiyu da. Ahi-da peman padapadan. Tnhungal di 
amaiyu. Bohwagon-da hagiit. Punayaman d Kabunian, ya nvmudnud-da ud 
Pangagauwan. Unudun di halupe ya dimatong ud Pangagauwan. Agan-da 
ya domatong-da amaiyo. Mondaiyo-da ud Baladong ya hidi peman kano 
balobgon-da. Buyangon-da ta dauutan-da. Oadda Halupe Binantawan ya 
ibaga-na banting. Maid banting-ko, " konan Tumayaban. Oadda kano 
Bugan da nak Tadona ud Kiangan ya monbuliwong, te "Eak," kano, "monbaga 
di mangigamal ke haoy ta kaliwak di gimauwat an haoy, an adi-da umidet di 
guwat-da." Pitaowan-na paiyo ud Kiangan. Oadda, kano, Binantawan ya 
inanang-na Bugan, an "Eka, Tumayaban," konana, "ta tumutung-ka 11 
Bugan! Ime Tumayaban hi kadwan Bugan ya Konana Tutung-ok nihbo! 
Bugan" Kiniali Bugan, ya konana "Kon manahauliu-ka ? "Antipi?" konan 
Tumayaban. "Ya te monbuliwong te eak manila mangigamal ke haoy," 
"Antipi ?" konan Tumayaban. "Om te maato-ak an mangibaga di gimauwat 
an haoy." "Antipi, tuali adi-da mitugun?" konan Tumayaban. "Ibangad 
mo hi balei-yo, ta itugun-mo dakami n halupe." 

Bimangad Bugan, ya patayon-na manok ya ayago-na halupe. "Umetako, " 
konan Banaban, te intugan ditako di nak Tadona d Kiangan. Higupan-mi 
dola-da ud Kiangan. Ibaga-da punbagaan da. Badangan-mi tulang-mi ud 
Kiangan." Ime-da halupe, ya halupaiyan-da punbagaan an gimauwat di 
babui n di tulang-da ud Kiangan, ya ununud Bugan, ya monbaga, ya inala-na 
babui-da ya peho-da ya gumok-da ya manok-da ya page-da ya paiyo-da. [Then 
he waves his hand.] 

[The priest blows, in the direction of his debtor.] 

Bokun ud Kiangan, te hitu, ta ume-ak hi bigat ta alak di babui Kodamon ya 
gamong-na ya paiyo-na peho-na ya manok-na. Balinan di hapihapito-ko. 
Kai-ak halupe, kai-ak Banaban, ta idet-na ta inagibu ta maid di pangidoh- 
dohana. 

[Here the myth changes into a tulud, "pushing."] 

Oadda, kano, halupe, ya monbaga-da ya "Monbangad,-tako" konana dola- 
tako ud Kakunian. "Oadda tugun, " konan Tumayaban. " Tipi oadda tugun 
ud tapa? Dehidi iba-yo?" "Om," konan Bugan. "Dehidi iba-mi M tapfi. " 

Oadda halupe, ya tikidan da ud Tataowang. Agan ud Kulab. Ladangon 
ud Gitigit. Ladangon ud Pangibauutan. Tikidan ud Nunbalabog. Itanglig-da 
tungun ud Baay ya Pindungan ya maid. "Aha! ud Ablatan di montugun " 
kalion-da. Mondotal ud Panaangan. Mondayu ud Iwakal. Paadan ud Upupan. 
Agan-da ya ladangaii ud Tobal. Buduan-da ud Uhat. Agwataii ud Nungimil. 
Abatan ud Boko. Agan-da ud Pugu. Montikid ud Takadang. Humabiat ud 



116 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

Domok. Mondotal ud Palatog. Dongolon-da tugun. Mihidol ud .Palatog. 
Monbanong ud Kabonwang. Agwatan ud Tudunwe. Ladangon ud Umbul. 
Domatong ya belibelion-da, ya "Kon da Barton ya Patikwal " konan 
Tumayaban. "Daan di punbagaan-yo?" konana. Dehidi hi Kodamon an adi- 
na idet di gauwat-nii. Ume-kayo ta mipong alitaangan-na ta halhalupayan-yo 
ta nemnemon-na gauwat-na; ta takon di adi mahuyop hi tonga n di labi. 
Balinan-yo. Banabanan-yo. Halupayan-yo ta maid di udum an nemenemon-na, 
ta gibuan-na gauwat-na, ta igatang-na paiyo-na, ta idetan-na peho-na ya maiiok- 
na ya babui-na ya page-na ya gumok-na. 

[The priest blows and waves his hand in the direction of Kodamon s house]. 
Ooo-of ! Hadon-yo, ta umeak hi bigat! 

Translation. And it is said that Tumayaban and Panubok and Binantawan and 
Banaban and Dimpuyu of the Skyworld decided to go hunting there in their region 
of the Skyworld. They fed their dogs. And then, indeed, they sent them on the 
chase. The dogs found a trail. They started up a wild boar. They chased it 
about the Skyworld, and followed down to Pangagauwan [the mountain that 
towers over Kiangan]. The halupe [the deities above named] followed after. 
They came up with their dogs, and there, it is said, they speared the quarry. 
They spread grass on the earth and cut it up. And Halupe Binantawan asked 
for fire. 

"I have no flint and steel," said Tumayaban. 

And it is said that Bugan, the daughter of Tadona of Kiangan, was sick of 
life; for she said, "I will beg some one to eat me up in order that I may forget 
my debtors who will not pay the debt they owe me." She set out across the 
rice fields at Kiangan. Binantawan saw her and said: "Go, Tumayaban; get 
fire from Bugan." Tumayaban got up and went to where Bugan was. 

"Let me have fire, Bugan." 

"Are you in a hurry?" said Bugan. 

"Why?" said Tumayaban. 

"For I am tired of life, and am hunting for somebody to eat me up," said 
Bugan. 

"Why?" said Tumayaban. 

"Yes, for I am tired of beseeching my debtors to pay their debts." 

"Why, indeed, will they not listen to reason?" said Tumayaban. "Go back 
to your house and call upon us lialupe." 

Bugan returned, and sacrificed chickens, and called upon the lialupe. "Let 
us go, for the daughter of Tadona has called upon us at Kiangan," said 
Banaban. [The old Kiangan about four miles below the village now called 
Kiangan by American officiaK ] "They have gathered together in Kiangan. 
Let us assist our kinsfolk there." The lialupe went and they harassed those 
of whom it was asked [the debtors], those who had borrowed pigs of the kin 
in Kiangan. And Bugan followed aftei and took their pigs and their "irons" 
and their money and their chickens and their rice and their rice fields and their 
death blankets. 

[The priest blows and waves his hand in the direction of his debtor s house.] 

Let it be so, not at Kiangan, but here, so that I may go in the morning and 
take Kodamon s pigs, death blankets, rice fields, money, chickens. May my 
words carry shame to him. May I be like a harasser and like a soother, in 
order that he pay, in order that it may be finished, in order th?t there come no 
serious result of the controversy. 

[Here the myth changes into a tulud, "pushing".] 



1919] Barton: Ifugao Law 117 

The halupc speak, saying, "Let us return to our village in the Sky \vorld." 

"There is a calling," said Tumayaban. "Whence comes this call from 
above? Have you kin there?" 

"Yes," said Bugan, "we have kindred above." 

And the lialupe ascend at Tataowang. They come on to Kulab. They 
continue to Gitigit. They continue to Pangibautan. They climb up to Nunba- 
labog. They listen for a calling at Baay and Pindungan. [These are villages 
in the vicinity of Umbul, the village where the priest was performing the cere 
mony.] "Aha! the calling is at Umbul!" they say. They walk on the level 
at Panaangan. They descend at Iwakal. They come to Upupan. They continue 
to Tobal. They come out at Uhat. They wade at Nungimel. They go around 
the hill to Boko. They continue to Pugu. They climb at Takadang. They 
ascend to Domok. They walk on the level at Palatog. They listen for the 
calling. They hear it there. They travel on the rice dikes at Kabonwang. 
They wade at Tudunwe. They come round the hill at Umbul. They arrive and, 
"Why, it is Barton and Patikwal," says Tumayaban. "Where are your refrac 
tory debtors ? 

"There is Kodamon. He does not pay his debts to us. Go and disperse 
yourselves in the vicinity of his house, and harass him continually with the 
remembrance of his debt, so that he may not sleep, even in the middle of the 
night. Make him ashamed. Soothe him (so that he will not be angry). Harass 
him so that he may think of nothing else than his debt; so that he will finish 
with it; so that he will sell his rice fields (in order to pay); so that he will give 
us his pigs, his money, his irons, his rice, and his rice fields." 

[The priest blows and waves his hand in the direction of Kodamon s house.] 
"Ooo-of ! Wait there till I come in the morning." 

The collector of a large fine performs an unpretentious series of 
ceremonies directed to the gods of animal fertility and growth. The 
fact that he has won out in collecting the fine shows that his star is in 
the ascendancy and that a more pretentious feast is not needed. 

Peace-making ceremonies. A full account of these ceremonies 
would be too extended to give here. The following are two of the 
myths that are recited in the course of these ceremonies : 

(1) And it is said that the father of Amtalao of the Skyworld spoke to his son, 
saying: "Go down and cause the enemies of earth to make peace, in order 
that there be no longer coughings, and shortness of breath, and bleedings from 
the nose, and quick fatigue among them. 

Amtalao packed his betels, put on his hip-bag, and took his spear in hand. 
He descended to Habiatan. [Here the myth goes into a detailed account of 
the places passed in the journey.] He arrived in Kiangan. He went to the 
house of Balitok [the hero ancestor of the people of Kiangan culture area]. 
He thrust the shod point of his spear handle into the flat stone used as a seat 
in front of the house. It crackled like a dry leaf. 

"You have spoiled the flat stone," said Balitok. Amtalao kicked the pieces 
of stone with his foot. They all joined together as if never broken apart. 
"I did not spoil it," said Amtalao. 

"Why is it, Balitok, that you do not make peace with your enemies? Is it 
that you wish to be afflicted by the liidit?" 



118 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

"I do not know how," said Balitok. Amtalao went to the sons of Imbali- 
tayan. "Make peace with Balitok, in order that ye be not afflicted with 
coughings and snorings and bleedings from the nose and shortness of the 
breath," said he. 

And they caught their pigs and chickens, the sons of Imbalitayan, and the 
people of Kiangan, and Amtalao taught them to make peace. And when they 
had finished, Amtalao ascended into the Skyworld. 

"How many did you cause to make peace?" said his father. 

"There are no more enemies on earth," said Amtalao. Even though the 
Ifugao travel far, they are safe. Even though spears be thrown, they do not 
scathe. No longer is there shortness of the breath, and labored breathing, 
bleeding from the nose, and coughings and quick fatigue. The people are like 
unto gold, which tarnishes not, like unto the waters of the river, which never 
become small, and like unto the dancing plumes of the cogon and runo grass. 
They talk and talk, and talk straight. They ask for what they want and 
get it." 

Let it be so, not at Kiangan, but here; not then, but now; in order that 
there be no more shortness of breath and coughing and labored breathing [the 
priest s will being that the benefits mentioned by Amtalao in the paragraph 
immediately preceding become existent]. 

(2) The Thunderer of the Skyworld was sitting on his lounging bench in the 
Skyworld. "Alas! why do the people keep fighting all the time?" he said. He 
took his spear in hand. He descended unto Kiangan. He went to the house 
of Balitok. "Why do you not make peace with the sons of Imbaluog?" said he. 

"I desire to make peace, but they will not," said Balitok. 

"Come with me," said the Thunderer. They went to the village of the 
sons of Imbaluog. The Thunderer shouted to them. They came down out of 
their houses, spears in hand, and carrying their shields. They advanced toward 
Balitok. The Thunderer was angry. 

"Why did the people of Kiangan offer to make peace, and ye would not?" 
shouted he. The Thunderer snorted. The branches fell from the trees. The 
sons of Imbaluog were blown to pieces. Their limbs were torn from their 
trunks and went hurtling hither and thither. 

And below every house was heard the wailing of the old women. And every 
woman s head w r as encircled by mourning bands. 

Let it be so, not then, but now, with those that do not keep the peace! Let 
them be blown to pieces and scattered hither and thither, and may there be 
none to avenge them. 

The chewing of betels together by the reconciled enemies is the 
essential part of the peace-making ceremony. Three constituents are 
used in betel chewing : the betel leaf, the areca nut, and the lime. The 
priest takes position between the two (as yet) enemies. One of the 
enemies then gives the other an areca nut, and his courtesy is returned 
by his enemy giving him a betel leaf. Both are then supplied by the 
priest with lime. They proceed to chew betels then, and the priest 
prays as follows : 

"Ye are chewed, Betel Leaf, Areca Nut, and Lime. Let not them who were 
enemies be afflicted with coughings, shortness of breath, quick-coming fatigue, 



1919] Barton: Ifugao Law 1]9 

bleeding from the nose, nor labored breathing. Let them, instead, be like gold, 
which tarnishes not; like the tail feathers of the full-grown cock, which never 
touch the earth; like the waters of the river, which never cease coining; like 
Talal of Ambuaya, who ate his own children, yet was not afflicted by the hidit. 
Let them be as active as the waters of Inude (a cataract) or the foarheiy 
plumes of the cogon and runo grass. Let them be like the rising sun, like the 
Cobra of the White Mountain, like the Full-grown Cock of Dotal, like the Hard 
Stone of Huduan.25 May their enemies stand aside from them in fear. May 
their valor be heard of in all the hills. 

Ceremonies connected with the payment of large fines. At the 
termination of a controversy in which a large fine is paid, the two 
parties perform the hidit, peace-making ceremonies, as a matter of 
self-interest. To leave them unperformed would be to subject them 
selves to the wrath of the hidit deities who would afflict them with 
tuberculosis, shortness of breath, etc. The peace so made is theoretical, 
oftentimes, rather than actual. Usually there is a great deal of ill 
feeling smoldering in the breasts of the controversants. 

He who pays any large fine invariably performs a general welfare 
feast soon afterward. To this feast he invites all the deities of the 
Sky world, the Underworld, the Fabulous Region of the East and the 
Fabulous Region of the West. In addition, if he feels great resentment 
against the fine collector, he secretly performs the following ceremony: 

Tulud (Pushing). "The Ender of the East Eegion sits on his lounging bench 
there. He hears a call. He arises and puts betels in his hip-bag and takes his spear 
in hand. He hesitates, and then starts westward. He comes on to Payya. [The 
priest "pushes" him, as in the preceding tulud, stage by stage through the follow 
ing places: Ulikon, Hapid, Ulalahi, Lana, Kudug, Lingay, Balahiang, Lau, 
Bayukan, Ula, Tuktukbayahan, Kituman, Kiangan. From Kiangan onward the 
route is variable, depending on the village of the priest.] 

He arrives at [village]. He receives the chicken. He chops off its head. 
[The priest at this stage chops off the chicken s head.] Even so [he says] I 
chop off the life of the fine collector. [The priest blows and swings his arm 
in the direction of the fine-collector s house.] Travel thither, Ender, to the 
house of him who took from us the death blankets. Stay with him. If he goes 
to get wood, turn the axe into his body. If he travels, push him off the steep. 
If he sleeps, sleep with him. In the middle of the night stab him, and we will 
hear about it with the rising sun. For we are poverty stricken. We owed 
them no debt, yet they have taken our pigs and our chickens and our death 
blankets and our rice [etc.]. We are to be pitied, alas! " 

Other deities that may be sent against the fine collector are the 
Spider-webbed One, the Smotherer, Dysentery, the Short-winded One, 
the Trapper, the Twister. 



25 Myths relate how the Full-Grown Cock overcame the Half-Grown Cock, 
how the Cobra overcame the Python, how the Hard Stone overcame the Soft 
Stone. 



120 University of California Publications in Am. Arcli. and Ethn. [Vol. 15 

APPENDIX 3: PAEEICIDE 

A rather startling case was called before the Court of First 
Instance in Kiangan in December, 1913. Limitit of Ayangan was 
charged with having murdered his father. The phrase "Are you 
guilty or not guilty?" translated into Ifugao changes significance 
slightly, and stands "Are you at fault or not at fault?" "With a 
candor almost pitiable, Limitit admitted the facts in the case, but 
pleaded "not at fault." "He was my father," he said. "I had a 
right to kill him. I am blameless, for I provided a generous funeral 
feast for him." 

Interrogation developed that Dilagan, the father, was a spend 
thrift. He had raised a sum of money possibly for the purpose of 
gambling by pawning, balal, his son s rice field. The son was angry, 
but Dilagan promised faithfully to redeem the field by planting time. 
But planting time came round, and Dilagan was unable to keep his 
promise and redeem the field. In a quarrel over this matter, the son 
lost patience and killed his father. So far as I am able to ascertain, 
his act is justified, or at the very least, condoned by his co-villagers. 
They excuse him on two grounds : 

First, the old man was worthless, and deserved killing for having 
wronged his son. Even though the damage done was not irremediable, 
it was probable that it would be repeated, and that he would impoverish 
his son for life. 

Second, the old man was Limitit s father, and Limitit had the 
right on that account to kill him if he wanted to ; at least it was the 
business of nobody else. 

The American court, if I remember aright, sentenced Limitit to 
life imprisonment. He died shortly after being incarcerated. 

Another case of parricide was that of Bayungubung of Kurug. 
He killed his father for the same reason that Limitit killed Dilagan : 
that is, for the wrongful pawning of a field. 

The essence of the attitude of the people in both these cases seemed 
to be that the son had the right to kill his father if the latter imperiled 
the family livelihood or position in society. It seems to us an inhuman 
doctrine. But remember that the be-all and the end-all of Ifugao 
existence is the family, and not the individual. With us, the opposite 
is true: the rights of the individual supersede those of the family. 
The fields in question had been handed down from past generations. 
The son in each case was responsible at the time of the parricide for 
the welfare of future generations of the family. The old man in each 



1919] Barton: Ifugao Law 121 

case was a traitor to the welfare of the family. He had had his day, 
and was worse than useless. Remember that in a country where a 
living must be eked from a tough, stony mountain-side with a wooden 
spade, the means to life handed down from the sweat of former genera 
tions is a thing as sacred, as it is precious. 

Besides these considerations, there is the principle on which Ifugao 
society is based : The family exists principally for the youthful and 
future generations of it. 

APPENDIX 4: CONCUBINAGE AMONG THE KALINGAS 

The Kalingas are a tribe having a culture remarkably similar to 
the Ifugao. In respect of warfare, head-hunting, and social organiza 
tion, it is an even more dazzling example of a barbarian culture, I 
believe. Concubinage is universally practiced by the wealthy. The 
concubine has a legal status. A man~must~secure his wif e s consent to 
take a concubine, but the consent is universally forthcoming. 

During a six months residence in Kalinga I became quite well 
acquainted with the unusually intelligent wife of a Kalinga headman. 
I asked her one day wiry the women permitted their men to take unto 
themselves additional wives. 

"Oh, that s the custom of us Kalingas." 

"I know it s the custom. But I think it s a poor one for you 
women who are so unfortunate as to be married to men who practice 
it." 

Why are we unfortunate ? Their children can inherit none of his 
wealth. Our children get it all." 

"Yes, but doesn t it hurt you to see your husband running after 
other women?" 

"I never see it. The other women never come here. Or if they 
do come to the house it is as if they were perfect strangers. They 
have their own house." 

"But you must know that your husband does leave you to go to 
these other women." 

"Oh yes! But I don t see it. Besides their children are subject 
to my children. If my children suffer injury, they fight to avenge 
them. If my children demand, they stand back of them. It is good 
to have a large family." 

The logic of concubinage is embraced in this last reply, I think. 
It is an institution to render the family "strong to demand, and 
strong to resist demands. 



122 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

A strong healthy Kalinga chief has usually two, often more con 
cubines. He gives them rather limited material support : now and 
then a suckling pig to rear, a little rice to help out the year, work at 
good wages, yarn to keep them busy at the loom, a little capital for 
trading trips, and the like. He may help them a great deal, but they 
rarely cost him much. As indicated above, their children have no 
inheritance rights. 



GLOSSARY* 

adi, term of negation. 

agamang, dormitory of the unmarried. In some sections of northern Ifngao a 
special building is constructed for this purpose. Among the Ifugaos gener 
ally a vacant house or the house of a widow is used. 

agba, a magic stick used for the purpose of determining the cause of illness, or 
the answering of other difficult questions. The stick is believed to grow 
longer when it desires to make an affirmation. 

aiyag, call, name. A ceremony to recall the soul of a sick or dead person. 

alaag, a cooking pot of Chinese origin. 

alao, duel with lances. 

alauwin, a gourd carried as a water jug by women working in the rice fields. 

alpud, runo stalks with blades tied in a loop. It is an " ethics lock," and de 
notes private property. Used by placing near or on whatever it is desired 
shall remain unmolested; as, for example, a sugar-cane thicket, cord of wood, 
house in the absence of owners, rice field in dispute, and so forth. 

ama, father (see Appendix 1). 

amana-on, father-in-law (see Appendix 1). 

amaon, aunt s husband, etc. (see Appendix 1). 

anak, son or daughter (see Appendix 1). 

apo, grandparent (see Appendix 1). 

*areca, a slender graceful palm which produces the areca nut, erroneously called 
the betel-nut, which, with the leaf of the betel pepper and lime, are univer 
sally chewed by the Ifugaos. The physiologic effect is similar to that of 
coffee. 

ayaTc, sorcery. 

baa/7, facetious or uncalled-for remarks. 

baal, a hand servant; a household servant. 

~b ale-id, a "ten"; a half -score. 

balal, a form of pawning of family property, in which a sum is loaned, the 
property passing into the hands of the lender, and remaining so until the 
sum is repaid. The use of the property constitutes the interest on the loan. 

baloblad, interest paid in advance at the time a loan is made. 

banga, a pot or tobacco pipe. 

ban oo, a back-basket used for carrying necessities on a journey. It affords a 
considerable protection against rain. 

banting, flint and steel for fire making. Even applied sometimes, though im 
properly, to modern methods of fire drawing by means of matches. Never 
applied to fire making by means of sticks or fire syringe. 



* Starred words are not ]fugao. 



1919] Barton: Ifugao Law ]23 

bayao, a kind of fancy blanket. 

binangwa, anything that has been cut in two; halved. Sometimes used to denote 

the half of anything. 

binawit, a child spouse that lives in the home of his or her parents-in-law. 
binokbok, a ceremony performed three days after a burial. The soul of the 

deceased is brought back to the village and interviewed. 
bobod, a tie, a knot. 
*bolo, a heavy knife about 14 to 16 inches long, whose shape varies among the 

different tribes. It serves a multitude of purposes, answering now for an 

axe, now for a spade or hoe, now for a weapon, now for the ordinary uses of 

knives. 
bubun, the final ceremony of marriage. Its main purpose is to secure offspring 

for the couple. 
budut, one of the principal payments in the Benaue district in the purchase of 

a rice field. 

bilk ad, a religious ceremony in which a myth is recited for its magic effect. 
bultong, a wrestling match; trial by wrestling. 
bungol, jewel, specifically, ancient agate beads. 
bun got, ferocity; the nearest approach in the Ifugao language perhaps to 

"bravery". The Ifugao s ideal of bravery seems to be an aggressive and 

relentless, boastful, angry assertiveness. Hahui, a synonym, has the sense 

of relentless boldness. 

*camote, a tropical sweet potato, of which there are numerous varieties. 
dalag, offering to the soul of a deceased person. 
dan gale, funeral feast. 

datoli, offering to the soul of a deceased person. 
di, the article, "of the." 
dotag, flesh; meat. 
duyu, a wooden dish. 
*fiat, a term which I use to denote those phrases in religious ceremonies in which 

the priest clinches or compels the magic effect of an analogy by means of the 

spoken word. 
gagaom, funeral shrouds. 
*gansa. or ganglia, a gong made of copper alloyed with zinc, tin, or silver. Many 

are very old. Some have been made in Igorot-land, others imported from 

China. 

gatang, purchase price; business transaction, the main payment. 
gibn, fine for marital or postmarital delinquency. 
goba, arson, burn. 
gogod, cut, bisect. 
gulad, intent. 

guling, a small but valuable, and usually artistic, rice-wine jar. 
liabalag, a peg on which articles are hung up. One of the payments in the fine 

for illegal confiscation. 

habale, peg or bracket upon which articles are hung. 
hablal, flood; flooding of fields with water. 
liagabi, a lounge cut out of a lare tree trunk. It is the insignia of the upper 

class Ifugao. Its carving out of the trunk, and its bringing in from the 

forest, is an affair in which many villages participate, and is accompanied 

by pretentious ceremonies and feasts. 

hagaphap, cleaning of terrace wall; chopping off grass and weeds. 
Juiiliyu, a lesser fine. 



124 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

hakba, gifts to kindred of bride from kindred of bridegroom. 

habit, hurt, anguish. 

lialat, payment due persons of a foreign village who find the body of one dead 
by violence. 

lialupe, a class of deities somewhat corresponding to the Greek Furies; sug 
gesting and harassing deities. 

Tiapud, blowing, or breathing on. 

haynub, follower; succeeding units of a series. 

hibul, treachery. 

hidit, peace ceremony; peace deities; sickness inflicted by peace deities because 
of delayed peace ceremony. 

hin, a form of the word oha, meaning "one". 

hingot, the third of the marriage ceremonies. 

liogop, damages due the injured party in case of breach of contract. 

hokwit, scandalous adultery, accompanied by insults to the offended spouse. 

honga, a general welfare ceremony. 

hudhud, fine for offense against engagement or for breaking off engagement. 

JiuTcup, lid. 

hulul, exchange. 

iba, companions; sometimes, kindred. 

ibuy, ceremony at transfer of ownership of rice field. 

ilio, evil, bad. 

imbango, sacrifice at second ceremony of marriage. 

in a, mother (see Appendix 1). 

inagagong, a kind of Ifugao blanket. 

inagamid, adopted; taken to oneself. 

inaon, uncle s wife, etc. (see Appendix 1). 

inay, exclamation of pain or awe. 

inhida, eaten; one of the payments at the ibuy ceremony. 

inipit, something held with pincers or pliers; also something grasped between 
the toes. In eating meat the Ifugao holds his knife between the toes and, 
grasping the meat with his hands, cuts it by sawing it back and forth on 
the knife. 

inlaglaga, bastard. 

iyao, form of iho. 

iyu, a form of iho. 

kadangyang, a wealthy person; person of the upper class. Some observers have 
interpreted Icadangyang as "noble"; others as "chieftain". Correctly 
speaking, there are neither chieffains nor nobles among the Ifugaos. The 
more powerful Icadangyang rise to the dignity of headmen no further. 

~kalalfal, an edible water beetle found in the rice fields. 

Tcalun, advice. 

kindut, carried under the arm. 

Tcinta, surplus; portion of food left after appetite has been satisfied. 

Isolating, harvest feast. 

Tculpe, feast at time rice fields are planted. 

Tcumadangyang , to become wealthy. 

labod, blood payment; indemnity for homicide or severe wounds. 

lanad, commission of go-between. Also called liwa. 

linutu, cooked. 

liwa, fee of go-between. See lanad. 

lukbu, commission; fee paid an agent. 



1919] Barton : Ifugao Law 125 

lulctap, unaggravated adultery; adultery unaccompanied by great scandal and 

by insults to offended spouse. 
lupe, interest; increase. 

maginlotan, death blanket, usually imported. Of less value than the dili. 
ma-ibuy, property for whose transfer the ibuy ceremony is necessary. 
mangdad, pig or chicken, given by kindred of bride to kindred of groom as a 

return for pig given the former by the latter in the hango and Idngot cere 
monies. 
manikam, priest who performs certain ceremonies preliminary to the uyauice 

feast (see tile-man), 
mata-na, his eyes. 

mommon, preliminary marriage ceremony. 
monbaga, asker, requester. 
monbiyao, an alliance between families of different districts. Celebrated by 

very pretentious ceremonies. 
mongatang, seller. 
morikalun, advocate, adviser. Specifically, in law, the go-between in a penal or 

civil case. 

montudol, a shower"; specifically, a traitor to his village; a betrayer. 
nabungol, jeweled. 

nadulpig, in addition to; accompanying. 
na-imbalbalayen (lit., "made one s child"), adopted child. 
na-oha, single; one only; one alone. 

na-onom, six at a time; a unit consisting of six subunits, or parts. 
natauicinan, four at a time. 
nate, dead. 

natuk-u, consisting of three subunits, or parts. 

nawaticat, poverty-stricken; term applied to the lowest class of Ifugao society. 
nemnem, mind, feeling, thought, emotion, worry, intention. The term is of very 

broad meaning and applies to the mind or any act thereof. 
niklcop (lit., "taken to one s self"), adopted child, or a servant that is treated 

as one of the family. 

nuiibadi, a pair; consisting of two subunits or parts; two together. 
nundopa, the "jumping down from." 
nungolat (lit., "he who was strong"), the conceiver, or originator, of a plot; 

he who assembles others to himself, and leads them in committing an injury 

or offense. 

nunlidludagan, place where it was laid, or had fallen. 
nunokop, a payment of two units of a series by means of a single article. The 

Ifugao prefers to divide all sales into ten subpayments. If the sale be 

comparatively small, two subpayments may be paid by one article, as by a 

death blanket. 
oban, a blanket, about eight feet long and two feet wide, with which a baby is 

carried on the back of an elder. It is of great religious and poetic significance. 
oliok, sticks or trellis for climbing vines. 
om, yes; affirmative. 
ongot, menace; threat. 
otak, a large knife, universally carried by the Ifugaos. It is used in war or in 

work; commonly called throughout the Philippines "bolo" in both English 

and Spanish. 

paduldul, comfort; causing consolation. 
pagholc, landmark; usually chunks of wood or stone buried at a boundary line. 



126 University of California Publications in Am. Arch, and Ethn. [Vol. 15 

pdkimdan, "causing to chew betels together." 

pango, jewels, usually agate beads. 

paniyu, taboo. 

panuyu, mutual accusation, false accusation. 

paowa, prohibition, truce. 

patang, interest paid in advance on something borrowed. 

piduan, repetition. 

pinoTda, a ceremony to cure wounds. 

pinoliat, carried under the arm. 

ponga, ceremony to remove the prohibition on marriage of cousins. Full cousins 

may not marry. 
pugug, finish; termination. 
puliu-na, his heart. 
putu-na, his belly. 
pu-u, base. 
*runo, a tall reed that covers the mountain sides. House walls, mats, floors, 

and fences are made of it. It also makes an effective missile. 
tandong, one of the principal payments made on family property. It corresponds 

to the initial payment made when an article is bought on installments among 

our people. 
tanig, term applied to the principal marriage ceremony in the Benaue district. 

Corresponds to bubun in the Kiangan district. 
tayap, wing. 
te, because. 
tilcman, ceremony of tying up the bellies, appetites, passions, and desires of the 

guests at a feast. 

tobong, spit on which edible water beetles are grilled. 
tokop, the placing beside an article its equivalent. 

tokom, fine assessed for putting another in the position of being an accomplice. 
tombolc, gossip. 

tomolc, fine for manslaughter, wounds. 
tudong, woman s sweet-potato basket. It is used as a raincoat when at work in 

the fields. 

tulang, brother (see Appendix 1). 

tuldag, series of ceremonies at the time rice is put in the granaries. 
tulud, a ceremony of witchcraft, in which, following the recitation of a myth 

for magic purposes, the characters of the myth recited are made to perform, 

or declare their will to perform, the desire of the priest. 
tumult, persons of the middle class. Persons are accounted of this class who 

have rice sufficient for the use of their family throughout the year, and 

those who, having surplus rice, have not been initiated into the ranks of the 

Tcadangyang by means of the uyauwe feast. 
tungul, ceremony at the time of placing rice in granaries. One of the three 

greater ceremonials of rice culture. 
ubunana, his seat. 
ugd, treachery. 

ulitao, uncle (see Appendix 1). 
ulitaon, spouse of uncle or aunt (see Appendix 1). 
ulpitan, the placing on each side of an article its equivalent. 
umulnin, burning off the grass preparatory to spading fields. 



1919] Barton: Ifugao Law 127 

wind, follow, a term applied to a second payment of interest in advance. Thus, 
a man borrows a carabao, paying f*.30 as the interest in advance for one 
year, and if at the end of the year he cannot repay the carabao he makes a 
second payment, or unud, as interest in advance on the following year. 

uyauwe, a series of pretentious and ostentatious ceremonies by which a person 
attains the rank of kadangyang. Sometimes it is combined with the last 
ceremony of marriage. 



UNIV, CALIF. PUBL, AM, ARCH. & ETHN, VOL. 15 [ 



BARTON ] PLATE 1 







GUADE, IFUGAO GO-BETXVEEX AXD PRIEST 



PLATE 2 

Often a Negrito s dwelling is the merest mockery of a house. This is an 
unusually good one, since it has a thatched roof. Often the roof is no more 
than a few curled banana leaves and the dwelling without walls of any kind. 
At the side of the door are seen two or three bows. The Negrito puts into 
making his bow and arrows all the pains that he neglects to put into the con 
struction of his house. 



[130] 



. 








m 

w 



PLATE 3 

The height of the American is 5 feet 9% inches. Many of the Negritos are 
of mixed blood and consequently the average height of the tribe is above what 
one would expect to find in a tribe of dwarf blacks. These wiry little men are 
at home in the tropical jungle. Slipping through it noiselessly and speedily on 
their quest for game or on missions of vengeance, they inspire no little fear in 
their neighbors. The Ifugaos have quite poignant traditions of the time when 
the Negritbs lived in the surrounding forests. To this day in the general 
welfare ceremonials, they call a deity that is a Negrito spirit, and address him 
as follows: "We also are Negritos. Do not shoot us with your bow and arrow. 
Shoot our enemies instead because we are all Negritos together. 



[ 132 ] 



UNIV 



. CALIF, PUBL. AM. ARCH, & ETHN. VOL, 15 [BARTON] PLATE 3 







PURE-BLOOD NEGRITO AXD AMERICAN 



PLATE 4 

The Benguet Tgorots live to the south of the Ifugao. Notice that the hair 
is banged over the forehead. 



[134] 



UNIV, CALIF, PUBL, AM, ARCH. & ETHN. VOL. 15 [BARTON, PLATE 




\ 



BENGUET IGOROT WOMAN 



PLATE 5 

The Benguet and Lepanto women are the only women of the mountain tribes 
that habitually wear a garment above the waist. 



[ 136 ] 



PLATE 6 

Among the Lepanto the upper garment is frequently padded with rags and 
patched and repatched until it becomes "a coat of many colors." The women 
are stocky and hardy. They do a greater portion of the work than do the 
women of other tribes. 



[188] 



UNIV. CALIF. PUBL. AM. ARCH. & ETHN, VOL. 15 [BARTON | PLATE 6 




LEPAXTO WOMEN 



PLATE 7 

The Bontoc tattoo is exceedingly elaborate. Neither a man nor a woman 
may be tattooed except when a successful head-hunting expedition has returned 
to the village or ward. 



[140] 



UNIV. CALIF. PUBL. AM. ARCH. & ETHN. VOL. 15 [BARTON] PLATE 








A BOX TO C MAX 



PLATE 8 

The saucy, undomesticated expression of the face is characteristic of the 
Bontoc Igorot. To describe with a single word the dispositions of the three 
upper mountain tribes of northern Luzon, it could be said that the Kalinga is 
a rake, the Bontoc a dare-devil, and the Ifugao a mystic. 



[142] 



UNIV. CALIF, PUBL, AM. ARCH. & ETHN. VOL. 15 [BARTON] 



PLATE 8 





A BOXTOC GIRL 



PLATE 9 

The room proper of the Bontoc house is above the level of the eaves. It 
rests on piles. It is used only as a granary and storeroom. Beneath this room 
and protected from the inclemency of the weather by two or three planks on 
each side the family cooks and eats. At one corner of this space beneath the 
house proper is a tight box in which husband, wife, and baby, if there be one, 
sleep. The other children sleep in the dormitories of the unmarried. 

Note the sweet-potato patches all about the house. Sharpened reeds are 
stuck up in these to impale the serpent eagle should he swoop down upon the 
chickens. 



[144] 




*;V 1 1 



PLATE 10 

Note the red flowers above the man s ears, the feathers in his hair, and the 
gong which is held by a jawbone taken from an enemy s head. The woman s 
ear-ornaments and the spangles on her skirt are mother-of-pearl. Around her 
wrists are wrapped strand upon strand of beads. The Kalingas are the wealthiest 
of the mountain tribes and the fondest of ornaments. 



146 ] 



UNIV, CALIF. PUBL. AM. ARCH. & ETHN, VOL. 15 [BARTON | PLATE 10 



1 





A KALINGA MAX AXD WOMAN 



PLATE 11 

This village is on the border line between Bontoc and Lepanto. Tgorots of 
both these tribes live in large compact villages and have a rudimentary political 
organization. The Ifugaos, on the other hand, live in very small villages or in 
isolated groups of two or three houses and have not even a vestige of political 
organization. 



[148] 



UNIV. CALIF. PUBL. AM. ARCH, & ETHN. VOL. 



15 [ BARTON j PLATE 



I 2 



;. %^T ,/ "> , * / <*&:& 




IFUGAO OF PIXDUAXGAX VILLAGE 



PLATE 13 

Patikwal, a strong character, famous in the whole region as a go-between 
and as a priest. 



[150] 



UNIV. CALIF. PUBL. AM. ARCH. & ETHN. VOL, 15 [ BARTON ] PLATE 13 




aff;,. ....,.-,,, 




IFUGAO OF UMBUL VILLAGE 



PLATE 14 

According to Ifugao custom, Kuyapi must wear his hair long because he 
has not avenged the death of his father. The coming of the Americans pre 
vented this vengeance. 



[152] 



UNIV, CALIF. PUBL, AM. ARCH. & ETHN. VOL. 15 [BARTON 



I PLATE 14 




IFUGAO OF PINDUANGAN VILLAGE 



UNIV. CALIF. PUBL. AM. ARCH. & ETHN. VOL. 15 [BARTON, PLATE 15 




THREE IFUGAO BELLES 



PLATE 16 

The following conventional tattoo patterns may be distinguished. The dog, 
eagle, centipede (running up from each breast), scorpion, lightning (zigzag), 
shield. 



[154] 



UNIV. CALIF, PUBL, AM, ARCH. & ETHN, VOL. 15 [BARTON! 



PLATE 16 







A TATTOOED IFUGAO OF KABABUYAN DISTRICT 



PLATE 17 

This is one of the best houses built by a Philippine population. Note the 
fenders on the piles to prevent ingress of rats. The house is so constructed 
that its very weight holds the frame together. 



[156] 



PLATE 18 

This valley is not hemmed in by such steep mountains as most other districts 
of Ifugao. The view is surpassingly beautiful, combining as it does the rugged 
mountain ranges, the fields and huts the work of man and the palms and 
feathery bamboos in the foreground. The picture illustrates a feature that 
bears out the statement made in the text as to the Ifugao s skill as a mountain 
agriculturist. Note the fields in the right foreground. The hive-shaped hum 
mocks comprise the superior six inches of the field s soil. This soil has been 
heaped up by the women working with their bare hands in order that it may 
be aerated and the decomposition of partially decayed vegetable matter completed. 



[158] 




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PLATE 20 

This is a terraced mountain side that has excited the admiration and 
astonishment of every traveler who has had the hardihood to venture to its 
remote location in the interior. The area of rice fields pictured here is about 
12 kilometers long without a break in its continuity. Some of the terrace 
walls are 60 feet high. A little to the right of the middle of the picture and 
on the fourth or fifth tier of walls above the river are three human figures 
which may be used by the reader to seize some idea of the scale of the picture. 
Small groups of houses may also be distinguished on jutting ledges of the 
mountain side. 



160 ] 



PLATE 21 

Although this valley does not make so striking a panorama as does the 
Benaue valley, the view is really even more magnificent. From the river to 
the top of the terraced area one may count 110 rows of terraces. 



162 J 



UNIV. CALIF. PUBL. AM. ARCH. & ETHN. VOL. 15 




ASIX VALLEY, IF 






[BARTON] PLATE 21 




;.\o 



PLATE 22 

Note that the height of the terrace walls usually exceeds the width of the 
fields. This is very frequently the case throughout Ifugao-land. 



164 ] 



UNIV. CALIF, PUBL, AM. ARCH, & ETHN. VOL. 15 [BARTON | PLATE 22 




A PICTURESQUE NOOK IX HUXDUAX. IFUGAO 



PLATE 23 

Young rice plants are taken from the seed beds and transplanted in the 
field. Women do most of this work, since their hands are nimbler than men s. 
The men do most of the work of preparing the fields. 



[166] 



PLATE 2-1 

The liagabi, or lounging bench, is the rich man s insignia of rank. The rice 
is thrown into the air for the poor to scramble for. 



[168] 



PLATE 25 

This picture shows how the Ifugaos carry their babies. The oban blanket 
with which the child is held on the back is of great importance in cases of 
illegitimate birth, since its gift by the father to the mother constitutes a recog 
nition of the child. 



[170] 



UNIV. CALIF. PUBL. AM. ARCH. & ETHN. VOL. 15 [BARTON] PLATE 25 




IFUGAO MOT I IKK AXD CHILD 



PLATE 26 

The man on the left has recently killed an enemy. About his neck he wears 
a string of crocodile teeth. In his costume may be discerned suggestions of 
the cock s comb, his wings, and his tail. The two men are about to perform 
a mimic dance, in which one, representing a full-grown cock, overcomes the 
other, representing a half -grown cock. Priests near by pray that the warriors 
of their village may be like unto the full-grown cock. 



[ 172 ] 



UNIV, CALIF. PUBL, AM, ARCH. & ETHN. VOL. 15 [BARTON] PLATE 2G 




TWO IFUUAOS DRESSED FOR THE COCK-FIGHT DANCE 



PLATE 27 

Priests are reciting myths and invocations against the enemy during the 
progress of the cock-fight dance. 



[174] 



PLATE 28 

This is one of the most stupendous spectacles that the life of a barbarian 
people has to offer. The front of the shields is striped with zigzag white lines. 
The processions are often a mile long and 1000 or even 2000 people frequently 
take part in them. The men wear gaudy head-dresses, women s beads, and 
strips of white fiber about the legs and arms. The participants dance along 
their way, turning from one side to the other. Viewed from a distance, one 
of these processions as it dances slowly along on a rice-field dike looks like 
nothing so much as a gigantic, squirming centipede. 



[176 



PLATE 29 

In one hand she holds a knife, in the other a spear. Corpses of the murdered 
are always propped up against a house pile never put in a death chair, as are 
corpses of those dead from natural causes. The corpse, too, is neglected in order 
to make the soul angry and incline it to vengeance. 



UNIV. CALIF, PUBL. AM. ARCH. & ETHN. VOL. 15 [BARTON] PLATE 29 







BODY OF MURDERED IFUGAO GIRL 



PLATE 30 

One of the participants is dipping his hand into the pot of boiling water. 
His party stands beside him, spears pointed toward the earth. The other 
member and his party are on the other side of the pot. The go-between squats 
directly back of the pot. 



180] 



PLATE 31 

Note the 8 rice-wine jars, the knives and spears, the 2 pigs, the 6 rude cages 
containing chickens, the 8 copper pots, the 2 coats (formerly part of the uniform 
of American soldiers), the baskets and dishes. 




: 



PLATE 32 

The boy and girl in the center have been recently married and are being 
elevated to the rank of Icadangyang, or -wealthy. The boy carries a cock hanging 
from his belt, the girl a hen in her hand. The men and women are kindred of 
the boy and girl. 



184] 



PLATE 33 

When a person of kadangyang rank is placed in the death chair he is dressed 
in the costume of that rank. These bodies are sometimes kept in the chair for 
as many as 13 or 15 days. At the right of the picture may be seen the monwahiwa 
(primitive undertaker), whose business it is to care for the body and finally to 
carry it on his shoulders to the sepulchre on the mountain side. For these 
services he receives a very trifling compensation. Note that the treatment of 
the bodies of those dead from natural causes is very different from the treatment 
of the bodies of the murdered or those dead by violence. The former are shown 
great care and respect; the latter are neglected and bereft of the usual dignities 
of death. / 



[186] 



UNIV. CALIF. PUBL. AM. ARCH. & ETHN, VOL. 15 [BARTON | PLATE 33 




IFUGAO CORPSE IX THE DEATH CHAIR 



I 



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