In an unstable world gripped by the defects of human nature, it is a wondrous thing when rumors of unnecessary wars get toned down to a mere discussion just by simply gathering around over warm fire and coffee.

When we talked about justice, everyone wants to be a champion of it. However, when real conflicts arise and both victim and suspect rage at each other in their whirlwind of emotions, even known peacemakers have a hard time in upholding their sense of impartiality and wisdom accumulated through the years. Fortunately, here in one province of Cordillera, a practice of solving things the indigenous way is seen as powerful tool that can make or break the line between the just and the unjust.

Prior to the establishment of the Philippine Constitution, indigenous communities in ancient Benguet already had their own methods of conflict resolution, This technique, known as Tongtongan, is a traditional strategy aimed at settling disputes among community members peacefully. Essentially b acting as a local court, this approach involves open communication in the presence of respected elders. With the guidance of these experienced individuals, Tongtongan facilitates structured dialogue, fostering understanding and paving the way for amicable resolution.

According to the research conducted by Sendy Buyao, a graduate in Development Communication, Tongtongan formerly served as an arbitration body – an informal and advisory system shared among various Igorot Communities.

Malanes further observed that historically, Tongtongan’s role involved addressing a wide range of issues, including misbehavior, marital conflicts, land disputes, abuse, rape, murder, and other concerns, all managed by the elders (Malanes, 2000).

The Phases of Tongtongan

Based on the study’s findings, Tongtongan consists of four key elements: elders, perpetrators, victims, and witnesses. Both parties involved in a dispute need to summon elders to a venue they agree upon. The date would also depend on everyone’s convenience. The perpetrators and victims verbally present and defend their positions in front of the elders and witnesses. In instances of heated arguments, the elders and witnesses may intervene.

In some cases, Tongtongan may require more than one session if both parties fail to reach a compromise or if a dispute remains unsettled. Tongtongan sessions will be held again until a common ground is reached. The elders may decide for both parties and suggest alternatives for amicable settlement. However, a dispute cannot be closed if one party opposes the suggested remedies.

In the study, Tongtongan aims to provide a platform where elders suggest ways to achieve peace and bring people together through community dialogues.

The Birth of the Barangay Justice System

The Barangay Justice System, established as an alternative for resolving disputes in the Philippines, originated in 1978 with the implementation of Presidential Decree (PD) 1508 by the late President Ferdinand Marcos Sr. Its authority was later expanded and consolidated through the passage of Republic Act (RA) 7160 or the 1991 Local Government Code. This legal framework, as highlighted by Vigo and Manuel as mentioned by Buyao, aimed not only to alleviate the issue of too many cases in courts but also to address the unequal access to justice experienced by various communities. It offers a friendly, affordable, and quick way to settle disputes, providing a forum where both parties can openly discuss and find solutions without going to court.

This system comprises the Lupong Tagapamayapa or the Barangay Peace Council, an administrative body established by law under the LGC 1991, Chapter 7, Section 399. As per this regulation, each barangay is mandated to have a Lupong Tagapamayapa, consisting of the Punong Barangay (Barangay Chairman) and at least 10 members. The members are selected by the Barangay Chairman through appointment, with confirmation by the barangay secretary to put the barangay justice system into action. 

Panelo (2013) explains that the Lupon has four main tasks: (1) supervising conciliation panels, (2) organizing monthly meetings for members to discuss ideas and share experiences about resolving disputes, (3) carrying out other duties as required by law or rules, and (4) handling the removal of a Lupon member.

The enactment of the latter legal procedure formalized the Tongtongan indigenous communication practice. With their coexistence, the katarungang pambarangay aims to bridge the lapses of tradition through legalizing all the procedures of the Tongtongan, with the same goal of effectively and peacefully solving disputes through communication in the barangay level.

Tongtongan ed Bakun

Lina Mandate, barangay secretary of Poblacion, Bakun as stated by Buyao’s study in 2022 stated that Tongtongan or Ngalngalatan is an indigenous system with internal arrangement. The elders or so-called Lupon Members play a great role in the decision-making and intercession for the purpose of settlement of conflicts. In Bakun at least, most concerns resolved are land disputes. 

The same author explained that community members of Poblacion, Bakun are respecting the decisions made in the Tongtongan. The Lupon’s involvement in the decision-making is essential in facilitating respect among the parties involved, granting them the right to make final decisions about their disputes or problems. The venue of the Tongtongan depends on the disputing parties but it is mostly done privately in their house. 

The Tongtongan arbitration system played a significant role in involving communities in the strengthening of peace and order. Malanes stated that because of the latter, a proposed entry of a mining company in Bakun created conflict within the community, which was immediately resolved. It shows how community interests influence the decision-making on the part of the elders.

Walking the Tongtongan Bridge

Lupon members of Barangay Poblacion, Bakun, Benguet, have handled different types of cases (in the Tongtongan). The cases brought to them were not only simple cases but also complex cases. Simple cases they resolved were disputes over slight physical injuries, theft, verbal threats, and others. Land disputes and marital disputes are complex cases but depending on the severity of the dispute (Buyao, 2022). These scenarios justify that Tongtongan plays a significant role in maintaining peace and order in a community and that it is possible for disputes to be settled peacefully. 

In the current legal system, Tongtongan follows the rules of RA 7160, which aims to make court proceedings less costly and complicated. By aligning with this law, Tongtongan aims to help reduce the financial and procedural burdens people face in the legal process. The goal is to create a fair and efficient legal system that is accessible to everyone. 

In essence, the coexistence of the Tongtongan and RA 7160 reflects Bakun’s dynamic approach to dispute resolution, incorporating both traditional and modern elements. This intersection emphasizes the importance of preserving cultural practices while adapting to evolving legal frameworks, creating a unique blend that seeks to foster harmony and justice within local communities. This harmonious process is not only practiced in Bakun alone but throughout the rest of Benguet as well.