TABUK CITY, Kalinga – Unlike in other regions of the country where normally conflicts are brought to the court, many cases in this city are still settled through the the cultural practice of mediation.
Matagoan Bodong Consultative Council (MBCC) coordinator Alexander Gunaban said that the mediation process is an approach to conflict management where the parties voluntarily reach a mutually acceptable settlement.
Gunaban clarified that before mediation can take place, the victim reports the incident to the bodong holder or barangay chairman who will formally endorse the case to the MBCC.
The MBCC schedules a mediation with both parties to hear both sides based on the overview of the case as basis of what terms to agree upon. The mediation process, he said, may take three or more meetings to complete depending on the severity of the case, on the conditions set by the aggrieved party and on the willingness of the accused to appear on set dialogues.
In cases of vehicular accidents resulting to injury or death, Gunaban said that spot report from the Philippine National Police (PNP) is required.
The MBCC coordinator also informed that his office does not interfere with offenses like rape since it is governed by national law which means that only the court has the responsibility to deal with it. However, he said that they can intercede in other personal offenses such as murder and also civil cases.
Gunaban explained that the role of the MBCC is to facilitate and conciliate the parties but not to influence decision especially that of the aggrieved parties adding they can only suggest options especially in the declaration of amount or property to indemnify the victim and to prevent possible reprisal.
Gunaban said that it is only when the respondent has settled his obligation to the victim that a statement of desistance is issued by the City Prosecutor marking that the case is solved and closed.
When asked about the qualifications of a mediator, Gunaban said that knowledge and understanding of the bodong and a good standing in the community are the most important considerations.
Regarding the bodong, Roberto Awing of the MBCC said during April 7 episode of “City Updates,” the LGU program over Radyo ng Bayan, that the bodong was born to restore the unity and respect for human life and justice.
Awing said that the bodong protects people and visitors from both tribes, especially in emergencies.
On the Kalinga tribe’s preference to amicably settle disputes, he said that it is embedded in the culture that has been handed down by their ancestors from generation to generation.
Rodrigo Agtina also of the MBCC said that the law allows amicable settlement as an alternative mode of dispute resolution which eases court dockets, avoids expensive proceedings and makes for easier manner of resolving disputes.
Agtina claims that compared to the resolution of cases in court where either party would lose, in mediation, the result is “win-win” because the settlement is mutually satisfactory.
Rev. Robin Mayyam also informed that apart from conflict solution, the MBCC also conducts trauma healing for victims of family and tribal conflicts and carries out the Moral Recovery Program of the LGU targeting individuals and groups who have done broken the law.
According to MBCC records, of the 39 cases filed in 2016, 33 cases were settled and six are still being heard. Meanwhile, in the first quarter of 2017, of the 10 cases filed, seven were already settled while the rest are still ongoing.**Darwin S. Serion
