TABUK CITY, Kalinga – In a bid to end the grievance of immigrants and mild Kalinga tribes they are not getting just treatment from the amicable settlement or areglo practices prevalent in the locality, the Tabuk City LGU, through the Matagoan Bodong Consultative Council (MBCC), has initiated the passage of an indigenous code of laws to cover all residents of the city.
The ITabuk Pagta or unified pagta which was deliberated and ratified during a congress on November 17 was drafted over a period of six months by a task force composed of selected government officials and employees, civic leaders and representatives of all ethnic groups in the locality.
The task force which was organized by Mayor Ferdinand Tubban through Executive Orders No. 25 and 26, series of 2017, was chaired by Kalinga Bodong Council (KBC) Chairman Andres Ngao-i with retired Regional Trial Court Judge Marcelino Wacas as vice chairman.
The unified pagta drew from the proto pagta of the KBC, national laws and existing policies of the MBCC, the conflict-resolution arm of the Tabuk City LGU.
Community Affairs Officer Heriberto Barila of the MBCC informed that for many years now, they have been receiving complaints that when immigrants and the mild Kalinga tribes are the respondents, they pay unreasonably high settlements but when they are in the receiving end, it would be good if they get 20 percent of what they would be paying if the foot were on the other shoe.
Barila said that most of the time, immigrants and mild Kalinga tribes are left with no choice but to yield to the sky high demands because of pressure from the tribe of the victim.
Barila said that MBCC saw in the establishment of the unified pagta which would embrace all residents of the city the solution to the problem explaining that with the pagta now covering everyone, there no longer would be any room for discrimination against anyone.
Section 19 of Article III assures equal treatment in the imposition of fines and penalties and that no excessive fines be imposed while Section 2 of Article VI containing the rights and obligations of a Tabuk residents states that all residents of the city “shall have the equal protection of this Pagta and the free and speedy resolution of their cases.”
Noteworthy also is Section 6 of Article II (Declaration of Principles) which strictly prohibits revenge.
Section 7 or Article II also prohibits the severance of the bodong.
Sections 6 and 7 are old policies of the MBCC.
The MBCC and the bodong holders are charged with the enforcement of the unified pagta.
During the congress, Harry Tibangay commented that in its present state, the MBCC is not empowered to enforce the unified pagta since it cannot arbitrate and does not even have the power to apply for contempt of court and under the unified pagta, it has jurisdiction over the civil aspect of even heinous crimes.
Tibangay proposed that the Sangguniang Panlungsod legislate to grant the MBCC the corresponding power so that it could effectively investigate, hear and decide on cases.
The ITabuk Pagta covers crimes against persons, crimes committed in violation of the bugis or territory, crimes against women and children, crimes against property, criminal negligence and other crimes such as trespass of dwelling and libel.
Each of the crimes has its corresponding penalty which are understood to only be for the civil aspect.
In the case of patoy (killing), the penalty is 13 carabaos inclusive of the three which pertain to the concerned bodong holders.
Section 11 of Article III bars a person who has violated the code more than twice to avail of amicable settlement.**By Estanislao Albano, Jr.
