ABELLON, WILJAN JAY TEMPLADO

AB POLSCI 4B

ALTERNATIVE DISPUTE RESOLUTION WITH EMPHASIS

Subanen Conflict Resolution

The Subanen is a tribe indigenous to the Zamboanga Peninsula living in

mountainous areas that can be traced as far back as 500 BC before the Neolithic Era,

or New Stone Age. They speak the Subanon language. These people originally lived in

low-lying areas, however due to disturbances and competition from other settlers like

the Muslims, and migration of non-IPs and non-Muslims were pushed into the interior

parts of the region. Subanons generally refer to themselves as a whole as the gbansa

Subanon, meaning “the Subanon nation”. They distinguish themselves from each other

by their roots or point of origin, largely based on names of rivers, lakes, mountains, or

locations. The Subanon groups that traditionally remained animist call themselves

"Subanen" in areas closer to Zamboanga City while other groups who are linguistically

members of the Subanen language subgroup but adopted Islam call themselves

Kolibugan in western areas and Kalibugan in the central parts of the Peninsula. In 1912,
the Subanon were officially estimated to number 47,164. By 1988, their population had

grown to about 300,000. The whole of Zamboanga has always been the ancestral

domain of the Subanon, with some areas of the peninsula occupied by Muslims, and a

few others by Christian settlers.

Subanen society is patriarchal, with the family as the basic governmental unit.

There is no political hierarchy at the village level. Timuay is the traditional title for the

communal leader who is also the chief arbiter of conflict between the families of a

community or a confederation. The word “timuay” means “chief” or “leader.” It connotes

both civil and religious authority for the bearer of the title. The title of timuay may be

recalled by the community and given to another tasked with the responsibility of leading

the community.
 Among the Subanens, a leader named as Timuay (from the word timu which

means “to gather”) and a council of elders is responsible for the administration of

justice. They possess a good memory of their unwritten customary laws called Batad

Banwa Subanen which covers disputes regarding land and property, marriage and

extramarital relationship, and crimes against life, to name a few. During the process of

resolving conflicts, through the intercession of the Timuay, the one who is at fault offers

the aggrieved party a daga (a ceremony where both parties offer animal sacrifices as a

symbol of their willingness to be reconciled) and pays the necessary penalty to soothe

bad feelings and restore good.

Among the Thimuays of Lapuyan, Zamboanga del Sur, penalties and sanctions

are also imposed. These penalties include collection of damages, death penalty, public

contempt, and supernatural sanctions. Such penalties are seen as effective means in

maintaining the peace and order of the Subanen tribe. In settling conflicts, the Thimuays

of Lapuyan employ oral laws. Moreover, Humpa (2002) stressed that oral traditions and

laws of the Subanen are passed from generation to generation. In settling these

conflicts, however, cases are either solved or remain unsolved (Humpa, 2002).
 Among the Subanens, a corresponding punishment is made for each crime.

Once a perpetrator is found guilty of rape, she/he is ordered to offer as a fine an amount

that is almost impossible for him to produce such as a carabao. For theft, if the accused

denies the allegation, he would be asked to get a needle placed at the bottom of a pot

of boiling water. If he succeeds in getting the needle, this would prove his innocence

and the accuser would be punished. If a man refuses to acknowledge responsibility for

the pregnancy of a woman, he would be subjected to a test by challenging him to hack

the midsection of the pregnant woman’s body. If the woman is lying, she would be too

scared to go through the procedure. However, this approach is only employed when the

Timuays are not able to settle the argument after having exhausted all efforts through

mediation. In cases of crimes committed against property, fines are based on the value

of the property stolen or destroyed.

Indigenous cultural communities were governed by their own traditional political

system. Contrary to what the early colonizers claimed; the indigenous people have their

own system that governs the relationship of the members of the tribe. It can be noted

also that they were able to preserve and pass the tradition to their sons and daughters.
More so, the researches imply that this political system conforms to their cultures and

traditions. Also, paganism is but a noticeable feature among many indigenous cultural

communities; it is manifested in their ways of living.

A similar study was conducted by Humpa (2002) entitled, “The System of Conflict

Resolution of the Thimuays6 in the Three Barangays of Lapuyan, Zamboanga del Sur”.

In

this study, the researcher found out that no common steps are followed by the

Thimuays

in resolving con􀏐licts. By calling the con􀏐licting parties, the Thimuays assume

jurisdiction

in the resolution of complaints. Yet, there are no formalities required in 􀏐iling the

complaint. However, it was found also that the decisions of the Thimuays about those

con􀏐licts were 􀏐inal.

Thimuays (or heads) composed the tribal leaders in a Subanen tribe.

Among the Thimuays of Lapuyan, Zamboanga

damages, death penalty, public contempt, and supernatural sanctions. Such penalties

are seen as effective means in maintaining the peace and order of the Subanen tribe. In

settling con􀏐licts, the Thimuays of Lapuyan employ oral laws. Moreover, Humpa (2002)

stressed that oral traditions and laws of the Subanen are passed from generation to

generation. In settling these con􀏐licts, however, cases are either solved or remain

unsolved

(Humpa, 2002).

In a study entitled “Indigenous Administration of Justice and its impact on the Protection

of Children: The Tagabawa-Bagobo and Subanen Experience,” Save the Children

(2006)

drew on the con􀏐lict resolution of both indigenous groups in Mindanao with a highlight

on the latter. Among the Subanens in Barangay Bag-ong Matalang, Lakewood

Municipality, Zamboanga del Sur, a leader named as Timuay (from the word timu which

means “to gather”) and a council of elders is responsible for the administration of

justice. They possess a good memory of their unwritten customary laws called Batad

Banwa Subanen which covers disputes regarding land and property, marriage and

extramarital
relationship, and crimes against life, to name a few. During the process of

resolving conflicts, through the intercession of the Timuay, the one who is at fault offers

the aggrieved party a daga (a ceremony where both parties offer animal sacrifices as a

symbol of their willingness to be reconciled) and pays the necessary penalty to soothe

bad feelings and restore good relations (Save the Children UK, 2006).