IFUGAO LAW
An exploration into the customary laws and societal structure of
the Ifugao people, as documented by R.F. Barton in 1919.
The Power of Customary Law
"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 uncontaminated condition, its members will invariably 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 civilized
state."
— R. R. MARRETT, in Anthropology.
This study highlights how a society without formal government thrives on deeply ingrained customs and taboos,
ensuring peace and order.
The Ifugaos: A Unique Society
Geographic Isolation Terrace Builders
Located in the central mountain ranges of Luzon, the Ifugaos' isolation preserved Known for constructing the world's most extensive and admirable rice terraces, a
their culture from outside influence. testament to their ancient agricultural science.
Remarkable Memory
They possess an extraordinary collective memory, recalling genealogies up to 14
generations and complex financial agreements without writing.
Sources of Ifugao Law
1 2 3
Taboo (Paniyu) Customary Law Religion & Law
Rooted in magic, taboos define More frequently applied, it Conjointly appear in property
"evil ways of doing." Breaking covers property, inheritance, transfers, ordeals, certain
taboos concerning other water rights, family law, and taboos, large fine payments, and
families' persons or possessions legal procedures. Laws are peace-making. Much law
is a crime. largely uniform across Ifugao attributed to deity Lidum.
land.
General Principles of Ifugao Law
Personal Character Collective Responsibility
Society doesn't punish injuries to itself; only injuries Kin are responsible for an individual's acts,
between persons or families are formally punished. proportional to kinship. Applies to crimes, debts, and
civil injuries.
Collective Procedure Might is Right
Legal procedures are between families. Family unity Superior war footing, diplomacy, or bluffing can lead
is paramount and must be preserved at all costs. to more severe penalties. Justice can be unfair,
especially between different classes.
Family Law: Marriage
Nature of Marriage
A civil contract of undefined duration, not essentially connected to tribal religion. Can be
terminated by mutual agreement, or by one party with damages.
Eligibility & Types
Any age can marry, parental consent not needed. Taboo on close cousin marriage.
Marriages are either "contract" (for wealthy, arranged early) or "trial" (for less wealthy,
often involving sexual mating).
Marriage Ceremonials & Obligations
Ceremonials Obligations Divorce Causes
Involve pig sacrifices (mommon, Couples must abstain from other Bad omens, childlessness, cruelty,
imbango, hingot, bubun) by the sexual relations. Boy's kin provide incompatibility, non-fulfillment of
boy's kin to the girl's kin, with firewood and granary repairs. Both obligations, or crime against
omen consultation. Gifts (hakba) families assist in rice culture and spouse's family. The "hudhud"
are given to the bride's kin, provide pigs for sickness/death of payment for mental anguish is
ranging from ₱36 to over ₱800. lineal ascendants. assessed against the responsible
party.
Property Law: Family & Personal
Family Property
Includes rice lands, forest lands, and heirlooms. Held in trust for future generations, not individual
ownership. Sales are solemn, involving kin and ceremonies, and only for grave necessities.
Perpetual Tenure
Rice and forest lands have perpetual tenure. Abandoned fields can be used by others for the
abandonment period, then revert to the owner.
Personal Property
Property Transfers & Debts
Property Transfers The Balal (Pawn)
Transferred by assignment during lifetime or Borrowing money by giving a rice field to a creditor
inheritance. Elder children inherit more, especially as security and for interest. Field is returned upon
rice fields, to maintain family strength. debt repayment, even across generations.
Property Sales Debt Settlement
Family property sales involve complex "extras" and Debts are apportioned among children, with the
fees, often doubling the price. Ownership is eldest responsible for a greater share if they inherit
complete only after the ibuy feast, where buyer property. Debts are considered sacred.
and seller eat together.
Key Takeaways
Custom as Law Family Centricity
Ifugao society thrives on a complex system of The family unit is paramount, influencing legal
customary laws and taboos, demonstrating procedures, responsibilities, and property
effective governance without formal institutions. transfers, ensuring collective strength and
support.
Unique Legal Concepts Resilience & Adaptation
Concepts like collective responsibility, the balal The Ifugao legal system, despite its ancient roots,
system, and intricate marriage/divorce protocols shows remarkable adaptability and a deep
highlight a distinct legal philosophy. understanding of human nature and societal
needs.
