URC_2006_Indigenous Self-Governance Practices of the Teduray

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Notre Dame -·U:niversity CotabatQ C:ity Research Monograph No. 30 Indigenous Self-Governance Practices of · the Teduray This Research Monograph Series presents researches conducted by the University Research Cen Notre Dame University, Cotabato City

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Research conducted by the Notre Dame University-Cotabato City Research Center (NDURC) in partnership with the International Labor Organization (ILO) and the Regional Planning and Development Office (RPDO-ARMM)

Transcript of URC_2006_Indigenous Self-Governance Practices of the Teduray

Page 1: URC_2006_Indigenous Self-Governance Practices of the Teduray

Notre Dame-middotUniversity CotabatQ City

Research Monograph No 30

Indigenous Self-Governance Practices

of middotthe Teduray

This Research Monograph Series presents tht~ researches conducted by the University Research Cen

Notre Dame University Cotabato City

Socio-Economic Research Center October 2006

Research Monograph No 30

Indigenous Self-Governance Practices

of the Teduray

This project was conducted by the University Research Center Aotre Dame University in partnership with the International Labor Organization (ILO) and the Planning and Development Office ARMM June 2006

The TEDURAY of Upi Maguindanao (by RerDoniloLacson RmarchAssociale LRC)

Key Concepts in the Traditional Teduray Governance and Leadership Structure

The Teduray is one of the 18 indigenous ethno-linguistic groups originally inhabiting the island of Mindanao Philippines Today as it was since time immemorial Teduray communities are largely concentrated in the towns of South Upi (Timanan) and North Upi (Upi) Maguindanao Province ARMM (60 53N latitude 1240 02E longitude)

In the beginning of the American occupation in the 1900s provinces and towns were created as the new geoshypolitical delineation out of the different indigenous villages and settlements in Mindanao Until that time Teduray communities were politically subjugated to the larger Maguindanao Sultanate which the Muslims established as early as 1450 (Rodil 1994) Later the Americans transformed the sultanate into Special Moro Province and much later into Empire Cotabato Province Specifically the Teduray territory of Upi was officially designated as a barrio of Dalican (now Municipality of Datu Odin Sinsuat)The influx of I1ocanos from Luzon and I1onggos from Visayas in the 1920s increased the areas population and consequently pmvered its economic (agricultural) grmV1h

In 1957 Upi weaned away from its geo-political dependence on Dalican and eventually became another municipality of the Empire Cotabato Province On October 26 1976 Upi was divided into North Upi and South Upi upon the issuance of Presidential Decree (PD) No 1046 North Upi retained the name Upi while South Upi became known as Timanan Presently Upi has a total Teduray population of 12164 and Timanan has 37697 total Teduray

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population (Notre Dame University Research Center 2004) These figures constitute roughly 8 of the 662180 total population of Maguindanao Province (ARMM Socioshyeconomic profile 2000)

The same ethnic groups of Ilocanos Ilonggos (Christians) Magindanaons (Muslims) and Tedurays (Indigenous People) predominantly define the Tri-people composition of Upi and Timanan populations Timanan is presently headed by a Teduray mayor who was eventually sworn-in to the position after a much-heated and violent electoral contest in 2002 On the other hand a more peaceful electoral contest finally installed a Teduray mayor in Upi after a long succession of Magindanaon (Muslim) mayors since 1957

Just like the other indigenous groups in Mindanao much of the Teduray geo-political history is kept and transmitted through oral form A few written materials focus on Teduray laws and conflict resolution processes such as those written by Schlegel (1970) But the larger Teduray historical resource remains undocumented Very recently in 2002 a tribal initiative was undertaken to put into writing a brief history and the salient political features of the Timuay Justice and Governance (TGJ) system

I Teduray leaders and elders insist that before the coming of Islam and Christianity in this part of the globe there were 8 original Indigenous People (IP) tribes in South-Central Mindanao that used to practice the Timuay System (sic)1 of governance as mode of socio-political arrangement Those tribes were Subanen Teduray Lambangian (Half Teduray)

J The ternl Timuay System is just a contemporary constructed terminology referring to the traditional political structure pervading the 8 indigenous tribes of central Mindanao befor Islam came to Mindanao

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Dulangan Manobo TBoli Blaan Bagobo and Arumanen Manuvu In this particular system the Timuay is the recognized leader of the village territory and community Timuay comes from the generic Manobo term timu (to gather) Literally Timuay refers to the person who by all account of social economic and political status gathers the people (Lacson 2005) Today these tribes still appropriate the concept of Timuay as leader

However the Teduray believe that before the introduction of the Sultanate governance system (Islam) around 1450 and the colonial governance system (Christian) around 1565 all indigenous societies in South-Central Mindanao followed the Timuay governance system which was functioning effectively at the level of each individual tribe (TJG 2003) This claim may have strong validity considering that even today the aforementioned groups still refer to the Timuay as main political figure (Alejo 2002 Rodil 1994 amp Lacson 2005) In fact the Timuay system was evolving towards the establishment of a consolidated inter-tribal governance when the introduction of the sultanate system first disrupted the process Subsequent colonial and imperial govemments respectively thwarted the maturing of the Timuay System (TJG 2003)

The Timuay occupies the highest position in the traditional political hierarchy He is always a male In the past such position was not confined to mere politica functions By mode of operation the Timuay was the point of socio-political reference The community always perceived him as an individual set apart for political leadership as prescribed in the Adat (traditional Teduray set of standards of conduct and obligations) There were two bases for becoming Timuay (a) by inheritance (being the eldest son of a Timuay) and (b) being personally chosen by the Timuay In a recent survey of 30 households in Rifao respondents unanimously

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assert that the most outstanding quality of Timuay is May kakayahang mamuno sa komunidad (ability to lead the people) Communal identity was linked with him whereby peoples geographic and political affiliations were oriented to the Timuay territorial sway of influence or sakuf It is within the same sphere of understanding that the Teduray used to arrange their Fenuwo (villages) and Inged (territories) in the most organic level

In spite of the pre-eminence of his position the Timuay was not the sole figurehead in the Teduray society Traditionally individuals and parties looked up to the Kefedewan for representation during fonnal negotiations of agreements such as marriage and non-violent settlement of disputes He was generally considered the legal authority who together with other Kefedewan comprised a respected group of individuals with the following extraordinary skills (a) strong memory especially of details pertammg to consummated agreements (b) comprehensive knowledge of the fine lines of the Kitab Kaedatan (customs) (c) mastery of the binuwaya (euphemistic) style of speaking (d) persuasive but polite manner of articulation of ideas and (e) consistent display of patience and cool-headedness even during the most heated negotiation process These also serve as criteria for becoming Kefedewan In the present socioshypolitical context the Teduray still apply the same criteria in ch~osing their Kefedewan and still look up to him with the same regard The recent survey in Rifao presents a simpler understanding of those qualities as magaling magsalita (articulate speaker) walang kinakampihan (does not show favoritism) marunong sa batas na katutubo (knowledgeable in customary law) mapasensiya (patient) rnatibay ang memOJya (superb memory)

The tenn Kefedewan is derived from the root wordfedew which means feelings Timuay Alim Bandara the Timuay

Labi (Chief Executive) of the Timuay Justice and Governance explained Ang Kefedewan ay tinaguriang doctor ng fedew Siya ang taga-ayos at nagpapagaling ng nasirang damdarnin ng mga tao (The Kefedewan is the doctor of feelings He cures the hurt feelings of people) He perfonns his noble service through a tiyawan (formal adjudicatory discussion) where he represents individuals and parties in the traditional conflict resolution process By operation the Kefedewan is comparable to an attorney His position is not preordained Just like the ordinary court attorney he gradually develops his skills and builds his name within the Kefedewan trade But unlike the court attorney the Kefedewan also pays tamuk (blood price or fine) for his client in cases where the latter is demanded to pay for a crime or transgression committed A Kefedewan who is always willing to do this is accorded with high regard in the community The reverse action makes a Kefedewan disdainful and untrustworthy in the eyes of his villagemates (Schlegel 1970) Most importantly however the Kefedewan always aims to settle issues on a win-win solution together with other Kefedewan involved in a Tiyawan When on it the Kefedewan keeps at the core of his concerns the attainment of justice which restores good fedew (feelings) in terms of respect for rights and feelings of all people involved Schlegel elaborates

Kefedewan represent a particular person - more accurately a paI1icular person and his kindredshybut they do not contend in the manner of trial lawyers in adversary proceedings They do not try to win for their side Together all Kefedewan participating in a Tiyawan are expected to strive eamestly to achieve a situation where all benal has been recognized where those responsible for the trouble have shythrough their Kefedewan - accepted their

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responsibility and fault and have been properly fined so that all fedew have been made good (fiyo) Kefedewan act much more like a fraternity of judges than like an array of lawyers they are committed as a group to an ultimate respect for just decisions that set every fedew right Among Kefedewan this commitment is an-important (Schlegel 1970 p 61)

A person who trusts his fedew to a particular Kefedewan becomes a sakuf of the later However such relationship is not political in nature The Kefedewan is not bound to the personal interest of his sakuf but to the task of setting all things in good and harmonious state Primarily the Kefedewan has no political power Schlegel explains further

Although the decisions of Kefedewan have authority they cannot be backed by force Legal leaders among the traditional Tiruray are authoritative they are not powerful A decision that someone was at fault and should be fined is made and accepted by men who are completely powerless to force acceptance of any decision They cannot have anyone beaten ostracized imprisoned in any sense or executed (Ibid

1970 p 65)

The arena within which the Kefedewan actualizes his unique function is the Tiyawan - meaning to converse with a singular aim of arriving at a common decision The activity within which this purposive conversation is undertaken is called setiyawan - literally means to adjudicate together These considerations deliver the concept of Tiyawan as a fonn of surface litigation

It is to his Kefedewan that a person reports when heshe wants to forge some formal agreements with other persons Commonly this takes the form of marriage arrangement or conflict resolution process Then the Kefedewan approaches the Kefedewan of the other party (either personally or through a messenger) to set a date for the Tiyawan After which the parties concerned are notified about that very important appointment Within the Tiyawan itself the overall rationale is to adjudicate together

Basically the Kefedewan and Tiyawan are two major components of a synergetic mechanism within the socioshycultural system whose primary function is to halmonize all human transactions within the frame of the Kitab Kaedatan (customary law specifically prioritizing respect)

The Bliyan (or Beliyan) is the clairvoyant medicine person Heshe is not chosen by the people Heshe is endowed with themiddot knowledge and power to communicate with unseen entities As such heshe serves as the primary consultant in the Fenuwo Aside from attending to the maladies of hislher village mates the Bliyan is consulted on mundane matters such as planting hunting harvesting fishing and all ritual activities for thanksgiving cleansing wedding and burial

In summary the traditional Teduray self-governance had the following key conceptselements

1 Governance - Timuay Kefedewan Bliyan 2 People - Sakuf (village-based) 3 Territory - Fenuwo (village) Inged (territory) 4 Sovereignty-Did not mature into federal collectivity

(remained village-bound) 5 Representation - Kefedewan and Tiyawan (villageshy

based) 6

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Political Ascendancy

Ordinary Teduray folks today know that election is the process of choosing leaders in the present mainstream governance system However they also know that there was a different process in the past Accordingly traditional political ascendancy used to be based on two modes (a) by inheritance and (b) being chosen by the Timuay The Timuay Kefedewan and Bliyen were not voted upon by the people Holders of those positions got these by inheritance by being selected by a leader or a group of leaders and in the case of the Bliyan as supernatural gift Vivid memory and strong belief in the traditional process prompted one Teduray Local Government Official (LGO) to declare confidently that Ang eleksiyon ay hindi naaangkop sa sistema ng Teduray (Election [voting] is not compatible with the Teduray system) Another Timuay said Noong unang panahon walang kasulatan Pagshyuusapan lang ng mga Timuay ang pagpili ng lider dahil hindi nakapag-aral ang mga tao Walang batas na sinusunod na kagaya sa eleksiyon natin ngayon Wala rin kasulatan Ang sinusunod na batayan ay ayon sa galing (In the past there were no written documents The process of choosing a leader was done through Timuay discussions because people were illiterate There was no legal basis to follow Basic criteria were simply based on skills and expertise) They added that Kapag Timuay 0 Kefedewan ka hanggang mamatay ka di ka~ papaliran (When you are a recognized Timuay or Kefedewan you are never replaced until you die) Accordingly the selection was based on traditional qualities ascribed to leaders such as may kakayahang mamuno sa komunidad (ability to lead the community) magaling nwgsalita (articulate speaker) walang kinakampihan (does not show favoritism) marunong sa batas na katutubo (knowledgeable in customary law) may pasensiya (patient) and matibay ang memolya (superb memory) These qualities were major considerations for someone to become leader Or

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if someone was destined to become a leader by virtue of inheritance he had to develop these same qualities in order to gradually fit into his preordained position FGD participants assert that the Kefedewan ay dapat talaga mahusay magsalita at magaling sa batas ng tribo (the Kefedewan first and foremost must be articulate and expert in customary laws)

Leaders Functions Duties and Responsibilities

Respondents in this study unanimously agree that the main task of traditional leaders in the past was to settle disputes in the village and to implement the Kitab Kaedatan (tribal laws) Accordingly the traditional leaders task was taga-ayos ng mga problema sa komunidacf (settles problems in the community) Specifically the Timuay was looked up as figurehead of the territory to whom people s political affiliation was anchored Nevertheless his relationship to his sakuf was not servile nor feudal in character Except for making sure that their territory was at peace with neighboring territories by maintaining friendly alliances a Timuay was perceived as just another village farmer among his village-mates Such relationship was in harmony with the Teduray egalitarian social character

The Kefedewan and the Tiyawan are the conflict resolution mechanisms of the community These exist and function symbiotically to maintain interpersonal harmony and peace as well as a form of social control to align individual middot and communal behavior with the Kitab Kaedatan (customary laws) Sanctions for misbehavior are finalized in the Tiymvan The whole community enforces the punishment with ostracism as an ultimate punishment

Today Teduray communities still prefer local officials to resolve conflict in the traditional manner especially when the

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disputants are all Teduray In such cases even Barangay officials recommend that disputes be settled in the manner following tribal customs One major reason for this preference lies in the traditional principle governing conflict resolution wherein parties in disputes are always led to a winshywin settlement with the restoration of peaceful relation as an end product Current Challenges and Opportunities in Teduray Governance t

When the Municipality ofUpi was first established it had a Teduray as its first Mayor After him Moro (Muslim) mayors all from the Sinsuat Clan succeeded to the position one after the other It was only in the last local elections that a Teduray mayor was elected Accordingly the Sinsuats who sat as Mayors were at the same time Datus in the traditional Moro social setup By operation they were traditional Moro Datus who have become mayors in the mainstream governance setup A Key Informant relates Ang mga naging Mayor na Sinsuat ay mga kilalang Datu ng mga Muslim (Moro) Noon pa man bago pa ang mainstream na sistema may dati nang pakikipag-ugnayan ang mga Datu ng Muslim at mga Timuay ng Teduray Ang ganitong ugnayan ay siyang dinala ng mga Sinsuat noong sila ang mga naging mayor ng Upi So ang pagiging Mayor nila sa mainstream na sistema ay sa titulo lang Ngunit sa katotohanan ang sistemang Datu at Timuay pa rin ang pinalakad nita OK rin sa amin yun kasi doon kami sanay at alam namin kung papaano kami magkonekta sa pamunuan Actually kahit sa ngayon sa l pamayanan ng mga Muslim kagaya ng Shariff Aguak ay Datu

system talaga ang patakbo Kaya nga totoo yung sabi nila na sa buong bayan ng Shariff Aguak ay walang eleksiyon Seleksiyon lang kasi ganun talaga sa dating sistema ng Datu at Timuay Dumaan sila sa proseso ng kung saan tinatalaga sila bitang fider at hindi pinagpipilian ng mga tao Yun ang

1 sistemang mahabang panahon naming naisabuhay at

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talagang naintindihan ng kahit mga ordinaryong mga tao namin

Kaya ngayon kahit na naihalal na bilang Mayor 0

Barangay Chairman ang iba sa amin ang pagtingin ng mga tao namin sa kanila ay kagaya noong dating pagtingin na para sa mga Timuay Sa ngayon Teduray na ang mayor Ang isa sa kahirapan niya ngayon ay di niya ma-duplicate ang ganuong relasyon dahil hindi naman siya Datu Sa isipan ng mga tao ganun pa rin ang pakikitungo Hindi niya kasalanan kung hindi niya matugunan ito Sincere lang siya na gampanan ang dapat niya gampanan sa mainstream system Mahirap lang kasi hindi pa malawak ang pagka-intindi ng mga tao sa mainstream system Sa ngayon hirap na hirap siya kung papaano madiskartehan ang problemang ito Isa pa sa Teduray kasi pantay kami lahat Walang ideya ng constituency Ang mga fider ay tagapagtaguyod lang ng kapakanan ng mga tao Pero maliban doon wala sa amin ang nangingibabaw ang posisyon sa buhay Ito ang naging principal value sa pagtatag ng T JG - pantay-pantay lahat kasama ang mga lider (Members of the Sinsuat clan who became mayors were known Datu of the Moros (Muslims) Even before the establishment of the mainstream system there was already link between the Muslim Datus and Teduray Timuays The same linkage was sustained by the Sinsuats when they sat as mayors of Upi So their being mayors in the mainstream system was simply titular in nature In truth it was the Datu-Timuay linkage they were implementing It was OK for us then because it was the way we had been linking with the leadership Actually even until now among Muslim municipalities like Shariff Aguak it is the Datu system that runs the community affairs That is why there is truth when they say that there is no election in Shariff Aguak There is only selection That was really the way things were done in the Datu and Timuay systems They passed through the process where they were simply appointed

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and were not voted upon by the people That was the system we lived for a long time and was fully understood by even the most ordinary of our people

That is why today even when somebody has been elected as mayor or barangay chainnan people still perceive of him as Timuay (or Datu) Presently our mayor is a Teduray One of his difficulties lies in his inability to duplicate such kind of relationship because he is not a Datu In peoples minds that was the standard transaction It is not his fault if he could not satisfy such expectation He is sincere in trying to fulfill his responsibilities and duties in the mainstream system Some people could not simply comprehend the mainstream system As of now he is much pressured in finding a strategic approach to this problem Another thing in the Teduray society we understand that we are all equal There is no idea of constituency The leader simply facilitates the concerns of the people Aside from that there is no hierarchical position This is the principal value in the establishment of the TJG shyall are equal including the leader)

One of the questions in the FGD asked Sa ngayon anushyano ang mga nagiging problema ninyo sa pagpili ng inyong fider Papaano ninyo nabibigyan ng solusyon ang mga ito Anu-ano ang inyong mga rekomendasyon upang lalong mapabuti and pamamalakad sa inyong komunidad (At preosent what problems do you encounter pertaining to selection of a leader How do you resolve these What are your recommendations in order to improve the management in your community)

The questions generated two types of answers The tone depended on the socio-political orientation of the participant

Non-LGO (Local Government Officials) participants recognized that Ang eleksiyon ay hindi naaangkop sa sistema ng Tedw-ay (Election [voting] is not compatible with

the Teduray system) In spite of this it is worth noting that many Teduray individuals have held government positions at one time or another On the other side key infonnants confidently expressed Sa akin lang wala naman gaanong problema Ang mga maWt na gulo mga Baglalan at Kefedewan pa rin ang mag-solve Pero ang logging dahil malaki na sa munisipyo na ito dapat dalhin (I think there is no problem at all It is still the Baglalan and Kefedewan who settle small problems Big problems such as the logging operation should be brought to the municipal level)

In view of this general problem they recommend the recognition of the Teduray system of political ascendancy Furthennore the recommendation includes the recognition of the Teduray justice system where a community problem goes through the deliberations of the Kefedewan within the auspices of the Baglalan (title holders) and the Samfeton (council of Kefedewan) before if ever reaching the barangay chainnan They believe this is more effective because Sa mga Kefedewan at mga Timuay inaayos talaga ang problema Napag-uusapan nila ang tamang penalty para maayos ang problema (Problems are really resolved at the level of the Timuay and Kefodewan It is where penalties are justly determined in order to solve the problem)

The positions ofthe Tilnuay Kefedewan and Bfiyan have been effectively sustained and kept alive in the present context in spite of the imposition of the mainstream and dominant Philippine governance system But its traditional socio-political schema has been dramatically altered Todqy the provinces municipalities and barangays with very different area delineation supercede what used to be delineated as Inged (territories) and Fenuwo (villages) relative to adjacent territories of other groups such as the Arumanen the Dulangan and the Magindanaon Consequently the Teduray who now live within this set-up

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possess a mixed perception of the leadership structure Very often ordinary Teduray folks today inter-changeably refer to the Timuay Kefedewan Fagilidan Baglalan Barangay Kapitan and Kagawad as The Leaders However when pressed further about the traditional perception on leaders only the Timuay and Kefedewan surfaced as the prominent generic traditional titles The respondents did not recall of any other leadership titles that have been handed down to their awareness by their ancestors This claim is very evident in the way present Teduray communities operationalize the present leadership set-up Very often the Barangay Kapitan (barangay chairman) and Kagawad (barangay council member) are also positions taken by Timuays or soon-to-be Timuay It is worth noting that elected officials in the municipalities and the barangays dominated by the Teduray population are conferred with the Timuay titles

It has been stressed that the primary problem with the present system of selecting leaders is the palakasan (political patronage) system where a person Kahit hindi qualified basta nakasandal sa malaking politiko ay nagiging lider Hindi nakaka-unite sa tao Hindi tuloy nag-cooperate yung iba Dinadaan sa threats Sa barangay naman kung saan mixed ang grupo ng Teduray at settlers at kung ang lider ay settler nagiging neglected ang Teduray Madalas walang tsansa ang mga TedUlay na manalo sa election May

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discrimination Madalas kung sino ang may pera ay siya ang panalo sa eleksiyon (Even non-qualified [persons] with big politician backers become leaders But this results in disunity Consequently others refuse to cooperate [with the leadership] Other [leaders] employ threats In the barangay where there is mixed group of Teduray and settlers in which the local official is a settler the Teduray feels neglected Oftentimes the Teduray has no chance of winning the election There is discrimination Oftentimes the one who has the money wins the election)

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In the present context there is a general comfortable feeling towards local governance because the current chief executive of the municipality is a Teduray However there exists an implied fear that the change of leadership can mean problem to Teduray communities A Key Informant pointed that one obstacle to the satisfaction of Teduray concerns is Kung magbago ang Mayor Ngayon kasi Teduray ang mayor kaya kahit papaano nabibigyan ng halaga ang mga pangangailangan ng Teduray Oras na mapalitan siya ng hindi Teduray sa palagay ko maisasantabi na naman kami (If the mayor is changed As of now the mayor is a Teduray so that Teduray concerns are given attention I believe the moment he is succeeded we will be sidelined again)

In addition Teduray local government officials also pointed the larger problem of non-recognition of the Indigenous Peoples Rights Act of 1997 (IPRA) in the ARMM A Department of Education (DepEd)-ARMM official expressed that one big obstacle to Teduray concerns is Kakulangan ng pagrespeto at pagkUala sa karapatan ng mga katutubo Kakulangan ng pagpapatupad ng batas IPRA sa ARMM (Lack of recognition and respect of IP rights Lack of implementation of the IPRA law within the ARMM)

Among them there is insistence on recogmtIon of traditional laws in the mainstream governance system Kung ako lang isang balakid ang di pagkilala ng gobyerno sa tradisyunal na pamaraan namin Para sa akin mas epektibo talaga para sa amin ang tradisyunal Kaya sana i-recognize naman ng gobyerno ang aming pamaraan Problema rin namin ang logging Sa ngayon nandiyan pa rin sila Pero di namin sUa pinakialaman basta lang huwag sUa pumasok sa aming barangay (In my opinion one of the obstacles is nonshyrecognition of our traditional ways by the government I am convinced that the traditional way is more effective to us I

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wish the government will recognize it Another problem is the logging [operation] Right now they are still in the area but we dont do anything to them as long as they dont encroach into our barangay)

To these interrelated problems they recommend the recognition of the Teduray system stipulated in the Timuay Justice and Governance (TJG) Accordingly it is seen as an opportunity to mainstream Teduray socio-cultural political and economic issues

The Timuay Justice and Governance of 2002

In 1993 the larger Teduray communities in the municipalities of Upi and Timanan including the satellite Teduray communities in Lebak Kalamansig Datu Odin Sinsuat Talayan Shariff Aguak Kulaman and Ezperanza undertook a tribal gathering and formed the Mamalo Descendants Organization (MOO) basically to unite Teduray communities under a common historical theme2

bull They also discussed and brought back memories of the traditional Timuay leadership structure Finally in 2002 they formalized the revival of the traditional leadership structure into the Timuay Justice and Governance (TJG) Timuay Alim Bandara explained that the primary reason for the move was para maibalik sa isipan ng mga tao and dating istruktura (~ to raise peoples awareness about the traditional structure of the Timuay leadership) The leaders explored ways how the Teduray governance could be recognized They drew their ideas from the fact that the Timuay Kefedewan and Bliyan are still very much alive in their collective consciousness

2 Common Teduray and Magindanaon legend tells of brothers Mamalo and Tabunaway Accordingly Tabunaway converted to Islam and became the ancestor of the Magindanaon and other Islamized tribes Mamalo chose to retain his indigenous belief and decided to live in the mountains He became the ancestor of the indigenous tribes including the Teduray

despite the domineering presence of the mainstream governance system And so the collaborative effort to revive the traditional leadership structure was pursued in earnest Their recognized community leaders the elders were illiterate but very wise and their active and educated youths discussed planned and collaborated to draw up the current structural design of the Timuay Justice and Governance Finally they were able to establish the TJG Presently they are advocating and looking for ways to have it recognized in the regional government structure of the AR1v1M

It is through the Mamalo Descendants Organization (MOO) that The Timuay Justice and Governance (TJG) was established in 2002 with the primary aim of strengthening tribal governance and of putting up a governance structure that is interface-ready with the government structure Internally it is structured to facilitate greater community participation in the overall consultation process of governance As explained it embodies the traditional Teduray concept of istruktura ng pamumunuan mga batas polisiya at program a sa pamamahala (leadership structure laws and policies and programs of governance) Its characteristics are founded on the traditional basic principles of close affinity with the natural environment communal ownership collective leadership equality of all human beings Kejiyo Fedew (harmony) and Lumot Minanga (progressive pluralism) It is constituted by the following key structural elements

Timada Limud (tribal congress)

Minted sa 1nged (Council of Chieftains)

1nged Kasarigan (territorial Executive Body)

Fagilidan (supreme justices)

Timuay Labi (Tribal Head Chieftain)

Titay Bleyen (Vice-Tribal chieftain)

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Ayuno Tulos (secretary) Senrukoy Tulos (Treasurer) (TJG 2002 pp6-11)

Figure 1 Structure of the Timuay Justice and Governance

PROVINCEREGION

I INGED KASARIGAN

rrerritory Executive Body) 1 Timvay Kasadgan 2 Sungku Timuay Kasarigan 3 Mumuuka Inged (territory

Overseer) 4 Faruyaga

Mginged(griculture) 5 FUamallln (organizer) 6 Senrukuy Tulos(finance) 7 Kemem1 Kadatan(spiritu

comrrittee doctor seer) 8 Civil Society Orgt nizaions 9 Seayunon(faison spokesn) 10 Finlilan(Women os group) 11 Mngungud(youth middots group) 12 Diyg Fenuwo(village police)

TIMFADA LlMUD (Tribal Congress)

MINTED SA INGED Administrative

Council of Chieftains

I TimloLabi (Tnbal Head ClUeftain)

2 TI(~BlC)6l(Vic-Tribalchidlain)

J Ayo T las (ony) J Sagtnltk0) TIa (T reasurcr) 5 Miwmb (8)

SELIMUDO FENUWO

Local Council of Chieftains I I

I II Sitio I I SitiD I

KOYORAN (SITIO)

I FAGILIDAN

(Supreme Jus1 ices) IKefedewan

shy

I Fenuwo Executive Body

Tvnggv Kuarigan 2 Svngko Kasarig8n

II Sitio I

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Convention (No 169) Concerning Indigenous and Tribal Peoples in Independent Countries (September 1991) httpwwwunhchrchlhtmlmenu3b62htm

Datumanong Abubacar M (2005) The Maguindanaon Datus Their role in resolving conflict Unpublished Doctoral Dissertation Notre Dame University Cotabato City

Gowing P amp Mc Amis R (1974) The Muslim Filipinos Manila Solidaridad Publishing House

Hoebel A E (972) Anthropology The study of man New York McGraw - Hill Book Company

Hughes L (2003) The No-Nonsense guide to indigenous peoples Oxford Verso

Lacson RD C (2005) Aromanon Manobo armed conflict experiences strategies UPhilippines

Cultural npublished

coping theses

mechanisms Xavier Unive

and rsity

19

MUNICIPAL

BARANGAY ~ I

Samfeton (Fenuwo Justices)

1 Tvnggu Samfeton 2 Svngko Samfeton

REMFING FENUWO (MUNICIPAL)

Remfong Fenuwo Juces I Remflng F enuwo Kasangan (Kefedewan) l Baglalan J (Admi~isral ive Body)

(Executrve Body) I Tmvy Kasarigan 2Svngku Kanrigan

II Sitio I

I

18

Mastura Michael O (1979) The rulers of Mindanao in modern history 1515-1903 Research Proj ect No 5 Modem Philippine History Program Quezon City Philippine Social Science Council

Mc Kenna T M (1998) Muslim rulers and rebels Manila Anvil Publishing Inc

Rodil B R (1994) The minonttzation of indigenous communities of Mindanao and the Sulu archipelago Davao City Alternate Forum for Research in Mindanao Inc

Schlegel S (1970) Tiruray Justice California Berkley University Press Inc

The World Bank (November 2003) Human development for peace and prosgerity in the Autonomous Region in Muslim Mindanao Pasig City The World Bank

Tilnuay Justice and Governance (2003) Oryentasyon Hinggil sa Timuay Justice and Governance Quezon City Philippine Peasant Institute

iJ

The Final Report of this research abstract is available at the University Research Center

20

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Notr~fDame Urdversity Cotabato City

Research Monograph No 30

In~igenous Self-Governance Practices

of the Teduray

This Research Monograph Series presents the researches conducted by the University Research Center

Notre Dame University Cotabato City

Page 2: URC_2006_Indigenous Self-Governance Practices of the Teduray

Socio-Economic Research Center October 2006

Research Monograph No 30

Indigenous Self-Governance Practices

of the Teduray

This project was conducted by the University Research Center Aotre Dame University in partnership with the International Labor Organization (ILO) and the Planning and Development Office ARMM June 2006

The TEDURAY of Upi Maguindanao (by RerDoniloLacson RmarchAssociale LRC)

Key Concepts in the Traditional Teduray Governance and Leadership Structure

The Teduray is one of the 18 indigenous ethno-linguistic groups originally inhabiting the island of Mindanao Philippines Today as it was since time immemorial Teduray communities are largely concentrated in the towns of South Upi (Timanan) and North Upi (Upi) Maguindanao Province ARMM (60 53N latitude 1240 02E longitude)

In the beginning of the American occupation in the 1900s provinces and towns were created as the new geoshypolitical delineation out of the different indigenous villages and settlements in Mindanao Until that time Teduray communities were politically subjugated to the larger Maguindanao Sultanate which the Muslims established as early as 1450 (Rodil 1994) Later the Americans transformed the sultanate into Special Moro Province and much later into Empire Cotabato Province Specifically the Teduray territory of Upi was officially designated as a barrio of Dalican (now Municipality of Datu Odin Sinsuat)The influx of I1ocanos from Luzon and I1onggos from Visayas in the 1920s increased the areas population and consequently pmvered its economic (agricultural) grmV1h

In 1957 Upi weaned away from its geo-political dependence on Dalican and eventually became another municipality of the Empire Cotabato Province On October 26 1976 Upi was divided into North Upi and South Upi upon the issuance of Presidential Decree (PD) No 1046 North Upi retained the name Upi while South Upi became known as Timanan Presently Upi has a total Teduray population of 12164 and Timanan has 37697 total Teduray

I

population (Notre Dame University Research Center 2004) These figures constitute roughly 8 of the 662180 total population of Maguindanao Province (ARMM Socioshyeconomic profile 2000)

The same ethnic groups of Ilocanos Ilonggos (Christians) Magindanaons (Muslims) and Tedurays (Indigenous People) predominantly define the Tri-people composition of Upi and Timanan populations Timanan is presently headed by a Teduray mayor who was eventually sworn-in to the position after a much-heated and violent electoral contest in 2002 On the other hand a more peaceful electoral contest finally installed a Teduray mayor in Upi after a long succession of Magindanaon (Muslim) mayors since 1957

Just like the other indigenous groups in Mindanao much of the Teduray geo-political history is kept and transmitted through oral form A few written materials focus on Teduray laws and conflict resolution processes such as those written by Schlegel (1970) But the larger Teduray historical resource remains undocumented Very recently in 2002 a tribal initiative was undertaken to put into writing a brief history and the salient political features of the Timuay Justice and Governance (TGJ) system

I Teduray leaders and elders insist that before the coming of Islam and Christianity in this part of the globe there were 8 original Indigenous People (IP) tribes in South-Central Mindanao that used to practice the Timuay System (sic)1 of governance as mode of socio-political arrangement Those tribes were Subanen Teduray Lambangian (Half Teduray)

J The ternl Timuay System is just a contemporary constructed terminology referring to the traditional political structure pervading the 8 indigenous tribes of central Mindanao befor Islam came to Mindanao

2

Dulangan Manobo TBoli Blaan Bagobo and Arumanen Manuvu In this particular system the Timuay is the recognized leader of the village territory and community Timuay comes from the generic Manobo term timu (to gather) Literally Timuay refers to the person who by all account of social economic and political status gathers the people (Lacson 2005) Today these tribes still appropriate the concept of Timuay as leader

However the Teduray believe that before the introduction of the Sultanate governance system (Islam) around 1450 and the colonial governance system (Christian) around 1565 all indigenous societies in South-Central Mindanao followed the Timuay governance system which was functioning effectively at the level of each individual tribe (TJG 2003) This claim may have strong validity considering that even today the aforementioned groups still refer to the Timuay as main political figure (Alejo 2002 Rodil 1994 amp Lacson 2005) In fact the Timuay system was evolving towards the establishment of a consolidated inter-tribal governance when the introduction of the sultanate system first disrupted the process Subsequent colonial and imperial govemments respectively thwarted the maturing of the Timuay System (TJG 2003)

The Timuay occupies the highest position in the traditional political hierarchy He is always a male In the past such position was not confined to mere politica functions By mode of operation the Timuay was the point of socio-political reference The community always perceived him as an individual set apart for political leadership as prescribed in the Adat (traditional Teduray set of standards of conduct and obligations) There were two bases for becoming Timuay (a) by inheritance (being the eldest son of a Timuay) and (b) being personally chosen by the Timuay In a recent survey of 30 households in Rifao respondents unanimously

3

assert that the most outstanding quality of Timuay is May kakayahang mamuno sa komunidad (ability to lead the people) Communal identity was linked with him whereby peoples geographic and political affiliations were oriented to the Timuay territorial sway of influence or sakuf It is within the same sphere of understanding that the Teduray used to arrange their Fenuwo (villages) and Inged (territories) in the most organic level

In spite of the pre-eminence of his position the Timuay was not the sole figurehead in the Teduray society Traditionally individuals and parties looked up to the Kefedewan for representation during fonnal negotiations of agreements such as marriage and non-violent settlement of disputes He was generally considered the legal authority who together with other Kefedewan comprised a respected group of individuals with the following extraordinary skills (a) strong memory especially of details pertammg to consummated agreements (b) comprehensive knowledge of the fine lines of the Kitab Kaedatan (customs) (c) mastery of the binuwaya (euphemistic) style of speaking (d) persuasive but polite manner of articulation of ideas and (e) consistent display of patience and cool-headedness even during the most heated negotiation process These also serve as criteria for becoming Kefedewan In the present socioshypolitical context the Teduray still apply the same criteria in ch~osing their Kefedewan and still look up to him with the same regard The recent survey in Rifao presents a simpler understanding of those qualities as magaling magsalita (articulate speaker) walang kinakampihan (does not show favoritism) marunong sa batas na katutubo (knowledgeable in customary law) mapasensiya (patient) rnatibay ang memOJya (superb memory)

The tenn Kefedewan is derived from the root wordfedew which means feelings Timuay Alim Bandara the Timuay

Labi (Chief Executive) of the Timuay Justice and Governance explained Ang Kefedewan ay tinaguriang doctor ng fedew Siya ang taga-ayos at nagpapagaling ng nasirang damdarnin ng mga tao (The Kefedewan is the doctor of feelings He cures the hurt feelings of people) He perfonns his noble service through a tiyawan (formal adjudicatory discussion) where he represents individuals and parties in the traditional conflict resolution process By operation the Kefedewan is comparable to an attorney His position is not preordained Just like the ordinary court attorney he gradually develops his skills and builds his name within the Kefedewan trade But unlike the court attorney the Kefedewan also pays tamuk (blood price or fine) for his client in cases where the latter is demanded to pay for a crime or transgression committed A Kefedewan who is always willing to do this is accorded with high regard in the community The reverse action makes a Kefedewan disdainful and untrustworthy in the eyes of his villagemates (Schlegel 1970) Most importantly however the Kefedewan always aims to settle issues on a win-win solution together with other Kefedewan involved in a Tiyawan When on it the Kefedewan keeps at the core of his concerns the attainment of justice which restores good fedew (feelings) in terms of respect for rights and feelings of all people involved Schlegel elaborates

Kefedewan represent a particular person - more accurately a paI1icular person and his kindredshybut they do not contend in the manner of trial lawyers in adversary proceedings They do not try to win for their side Together all Kefedewan participating in a Tiyawan are expected to strive eamestly to achieve a situation where all benal has been recognized where those responsible for the trouble have shythrough their Kefedewan - accepted their

4 5

responsibility and fault and have been properly fined so that all fedew have been made good (fiyo) Kefedewan act much more like a fraternity of judges than like an array of lawyers they are committed as a group to an ultimate respect for just decisions that set every fedew right Among Kefedewan this commitment is an-important (Schlegel 1970 p 61)

A person who trusts his fedew to a particular Kefedewan becomes a sakuf of the later However such relationship is not political in nature The Kefedewan is not bound to the personal interest of his sakuf but to the task of setting all things in good and harmonious state Primarily the Kefedewan has no political power Schlegel explains further

Although the decisions of Kefedewan have authority they cannot be backed by force Legal leaders among the traditional Tiruray are authoritative they are not powerful A decision that someone was at fault and should be fined is made and accepted by men who are completely powerless to force acceptance of any decision They cannot have anyone beaten ostracized imprisoned in any sense or executed (Ibid

1970 p 65)

The arena within which the Kefedewan actualizes his unique function is the Tiyawan - meaning to converse with a singular aim of arriving at a common decision The activity within which this purposive conversation is undertaken is called setiyawan - literally means to adjudicate together These considerations deliver the concept of Tiyawan as a fonn of surface litigation

It is to his Kefedewan that a person reports when heshe wants to forge some formal agreements with other persons Commonly this takes the form of marriage arrangement or conflict resolution process Then the Kefedewan approaches the Kefedewan of the other party (either personally or through a messenger) to set a date for the Tiyawan After which the parties concerned are notified about that very important appointment Within the Tiyawan itself the overall rationale is to adjudicate together

Basically the Kefedewan and Tiyawan are two major components of a synergetic mechanism within the socioshycultural system whose primary function is to halmonize all human transactions within the frame of the Kitab Kaedatan (customary law specifically prioritizing respect)

The Bliyan (or Beliyan) is the clairvoyant medicine person Heshe is not chosen by the people Heshe is endowed with themiddot knowledge and power to communicate with unseen entities As such heshe serves as the primary consultant in the Fenuwo Aside from attending to the maladies of hislher village mates the Bliyan is consulted on mundane matters such as planting hunting harvesting fishing and all ritual activities for thanksgiving cleansing wedding and burial

In summary the traditional Teduray self-governance had the following key conceptselements

1 Governance - Timuay Kefedewan Bliyan 2 People - Sakuf (village-based) 3 Territory - Fenuwo (village) Inged (territory) 4 Sovereignty-Did not mature into federal collectivity

(remained village-bound) 5 Representation - Kefedewan and Tiyawan (villageshy

based) 6

7

Political Ascendancy

Ordinary Teduray folks today know that election is the process of choosing leaders in the present mainstream governance system However they also know that there was a different process in the past Accordingly traditional political ascendancy used to be based on two modes (a) by inheritance and (b) being chosen by the Timuay The Timuay Kefedewan and Bliyen were not voted upon by the people Holders of those positions got these by inheritance by being selected by a leader or a group of leaders and in the case of the Bliyan as supernatural gift Vivid memory and strong belief in the traditional process prompted one Teduray Local Government Official (LGO) to declare confidently that Ang eleksiyon ay hindi naaangkop sa sistema ng Teduray (Election [voting] is not compatible with the Teduray system) Another Timuay said Noong unang panahon walang kasulatan Pagshyuusapan lang ng mga Timuay ang pagpili ng lider dahil hindi nakapag-aral ang mga tao Walang batas na sinusunod na kagaya sa eleksiyon natin ngayon Wala rin kasulatan Ang sinusunod na batayan ay ayon sa galing (In the past there were no written documents The process of choosing a leader was done through Timuay discussions because people were illiterate There was no legal basis to follow Basic criteria were simply based on skills and expertise) They added that Kapag Timuay 0 Kefedewan ka hanggang mamatay ka di ka~ papaliran (When you are a recognized Timuay or Kefedewan you are never replaced until you die) Accordingly the selection was based on traditional qualities ascribed to leaders such as may kakayahang mamuno sa komunidad (ability to lead the community) magaling nwgsalita (articulate speaker) walang kinakampihan (does not show favoritism) marunong sa batas na katutubo (knowledgeable in customary law) may pasensiya (patient) and matibay ang memolya (superb memory) These qualities were major considerations for someone to become leader Or

8

if someone was destined to become a leader by virtue of inheritance he had to develop these same qualities in order to gradually fit into his preordained position FGD participants assert that the Kefedewan ay dapat talaga mahusay magsalita at magaling sa batas ng tribo (the Kefedewan first and foremost must be articulate and expert in customary laws)

Leaders Functions Duties and Responsibilities

Respondents in this study unanimously agree that the main task of traditional leaders in the past was to settle disputes in the village and to implement the Kitab Kaedatan (tribal laws) Accordingly the traditional leaders task was taga-ayos ng mga problema sa komunidacf (settles problems in the community) Specifically the Timuay was looked up as figurehead of the territory to whom people s political affiliation was anchored Nevertheless his relationship to his sakuf was not servile nor feudal in character Except for making sure that their territory was at peace with neighboring territories by maintaining friendly alliances a Timuay was perceived as just another village farmer among his village-mates Such relationship was in harmony with the Teduray egalitarian social character

The Kefedewan and the Tiyawan are the conflict resolution mechanisms of the community These exist and function symbiotically to maintain interpersonal harmony and peace as well as a form of social control to align individual middot and communal behavior with the Kitab Kaedatan (customary laws) Sanctions for misbehavior are finalized in the Tiymvan The whole community enforces the punishment with ostracism as an ultimate punishment

Today Teduray communities still prefer local officials to resolve conflict in the traditional manner especially when the

9

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disputants are all Teduray In such cases even Barangay officials recommend that disputes be settled in the manner following tribal customs One major reason for this preference lies in the traditional principle governing conflict resolution wherein parties in disputes are always led to a winshywin settlement with the restoration of peaceful relation as an end product Current Challenges and Opportunities in Teduray Governance t

When the Municipality ofUpi was first established it had a Teduray as its first Mayor After him Moro (Muslim) mayors all from the Sinsuat Clan succeeded to the position one after the other It was only in the last local elections that a Teduray mayor was elected Accordingly the Sinsuats who sat as Mayors were at the same time Datus in the traditional Moro social setup By operation they were traditional Moro Datus who have become mayors in the mainstream governance setup A Key Informant relates Ang mga naging Mayor na Sinsuat ay mga kilalang Datu ng mga Muslim (Moro) Noon pa man bago pa ang mainstream na sistema may dati nang pakikipag-ugnayan ang mga Datu ng Muslim at mga Timuay ng Teduray Ang ganitong ugnayan ay siyang dinala ng mga Sinsuat noong sila ang mga naging mayor ng Upi So ang pagiging Mayor nila sa mainstream na sistema ay sa titulo lang Ngunit sa katotohanan ang sistemang Datu at Timuay pa rin ang pinalakad nita OK rin sa amin yun kasi doon kami sanay at alam namin kung papaano kami magkonekta sa pamunuan Actually kahit sa ngayon sa l pamayanan ng mga Muslim kagaya ng Shariff Aguak ay Datu

system talaga ang patakbo Kaya nga totoo yung sabi nila na sa buong bayan ng Shariff Aguak ay walang eleksiyon Seleksiyon lang kasi ganun talaga sa dating sistema ng Datu at Timuay Dumaan sila sa proseso ng kung saan tinatalaga sila bitang fider at hindi pinagpipilian ng mga tao Yun ang

1 sistemang mahabang panahon naming naisabuhay at

10

talagang naintindihan ng kahit mga ordinaryong mga tao namin

Kaya ngayon kahit na naihalal na bilang Mayor 0

Barangay Chairman ang iba sa amin ang pagtingin ng mga tao namin sa kanila ay kagaya noong dating pagtingin na para sa mga Timuay Sa ngayon Teduray na ang mayor Ang isa sa kahirapan niya ngayon ay di niya ma-duplicate ang ganuong relasyon dahil hindi naman siya Datu Sa isipan ng mga tao ganun pa rin ang pakikitungo Hindi niya kasalanan kung hindi niya matugunan ito Sincere lang siya na gampanan ang dapat niya gampanan sa mainstream system Mahirap lang kasi hindi pa malawak ang pagka-intindi ng mga tao sa mainstream system Sa ngayon hirap na hirap siya kung papaano madiskartehan ang problemang ito Isa pa sa Teduray kasi pantay kami lahat Walang ideya ng constituency Ang mga fider ay tagapagtaguyod lang ng kapakanan ng mga tao Pero maliban doon wala sa amin ang nangingibabaw ang posisyon sa buhay Ito ang naging principal value sa pagtatag ng T JG - pantay-pantay lahat kasama ang mga lider (Members of the Sinsuat clan who became mayors were known Datu of the Moros (Muslims) Even before the establishment of the mainstream system there was already link between the Muslim Datus and Teduray Timuays The same linkage was sustained by the Sinsuats when they sat as mayors of Upi So their being mayors in the mainstream system was simply titular in nature In truth it was the Datu-Timuay linkage they were implementing It was OK for us then because it was the way we had been linking with the leadership Actually even until now among Muslim municipalities like Shariff Aguak it is the Datu system that runs the community affairs That is why there is truth when they say that there is no election in Shariff Aguak There is only selection That was really the way things were done in the Datu and Timuay systems They passed through the process where they were simply appointed

11

--------------------------------------------

and were not voted upon by the people That was the system we lived for a long time and was fully understood by even the most ordinary of our people

That is why today even when somebody has been elected as mayor or barangay chainnan people still perceive of him as Timuay (or Datu) Presently our mayor is a Teduray One of his difficulties lies in his inability to duplicate such kind of relationship because he is not a Datu In peoples minds that was the standard transaction It is not his fault if he could not satisfy such expectation He is sincere in trying to fulfill his responsibilities and duties in the mainstream system Some people could not simply comprehend the mainstream system As of now he is much pressured in finding a strategic approach to this problem Another thing in the Teduray society we understand that we are all equal There is no idea of constituency The leader simply facilitates the concerns of the people Aside from that there is no hierarchical position This is the principal value in the establishment of the TJG shyall are equal including the leader)

One of the questions in the FGD asked Sa ngayon anushyano ang mga nagiging problema ninyo sa pagpili ng inyong fider Papaano ninyo nabibigyan ng solusyon ang mga ito Anu-ano ang inyong mga rekomendasyon upang lalong mapabuti and pamamalakad sa inyong komunidad (At preosent what problems do you encounter pertaining to selection of a leader How do you resolve these What are your recommendations in order to improve the management in your community)

The questions generated two types of answers The tone depended on the socio-political orientation of the participant

Non-LGO (Local Government Officials) participants recognized that Ang eleksiyon ay hindi naaangkop sa sistema ng Tedw-ay (Election [voting] is not compatible with

the Teduray system) In spite of this it is worth noting that many Teduray individuals have held government positions at one time or another On the other side key infonnants confidently expressed Sa akin lang wala naman gaanong problema Ang mga maWt na gulo mga Baglalan at Kefedewan pa rin ang mag-solve Pero ang logging dahil malaki na sa munisipyo na ito dapat dalhin (I think there is no problem at all It is still the Baglalan and Kefedewan who settle small problems Big problems such as the logging operation should be brought to the municipal level)

In view of this general problem they recommend the recognition of the Teduray system of political ascendancy Furthennore the recommendation includes the recognition of the Teduray justice system where a community problem goes through the deliberations of the Kefedewan within the auspices of the Baglalan (title holders) and the Samfeton (council of Kefedewan) before if ever reaching the barangay chainnan They believe this is more effective because Sa mga Kefedewan at mga Timuay inaayos talaga ang problema Napag-uusapan nila ang tamang penalty para maayos ang problema (Problems are really resolved at the level of the Timuay and Kefodewan It is where penalties are justly determined in order to solve the problem)

The positions ofthe Tilnuay Kefedewan and Bfiyan have been effectively sustained and kept alive in the present context in spite of the imposition of the mainstream and dominant Philippine governance system But its traditional socio-political schema has been dramatically altered Todqy the provinces municipalities and barangays with very different area delineation supercede what used to be delineated as Inged (territories) and Fenuwo (villages) relative to adjacent territories of other groups such as the Arumanen the Dulangan and the Magindanaon Consequently the Teduray who now live within this set-up

12 13

possess a mixed perception of the leadership structure Very often ordinary Teduray folks today inter-changeably refer to the Timuay Kefedewan Fagilidan Baglalan Barangay Kapitan and Kagawad as The Leaders However when pressed further about the traditional perception on leaders only the Timuay and Kefedewan surfaced as the prominent generic traditional titles The respondents did not recall of any other leadership titles that have been handed down to their awareness by their ancestors This claim is very evident in the way present Teduray communities operationalize the present leadership set-up Very often the Barangay Kapitan (barangay chairman) and Kagawad (barangay council member) are also positions taken by Timuays or soon-to-be Timuay It is worth noting that elected officials in the municipalities and the barangays dominated by the Teduray population are conferred with the Timuay titles

It has been stressed that the primary problem with the present system of selecting leaders is the palakasan (political patronage) system where a person Kahit hindi qualified basta nakasandal sa malaking politiko ay nagiging lider Hindi nakaka-unite sa tao Hindi tuloy nag-cooperate yung iba Dinadaan sa threats Sa barangay naman kung saan mixed ang grupo ng Teduray at settlers at kung ang lider ay settler nagiging neglected ang Teduray Madalas walang tsansa ang mga TedUlay na manalo sa election May

11

discrimination Madalas kung sino ang may pera ay siya ang panalo sa eleksiyon (Even non-qualified [persons] with big politician backers become leaders But this results in disunity Consequently others refuse to cooperate [with the leadership] Other [leaders] employ threats In the barangay where there is mixed group of Teduray and settlers in which the local official is a settler the Teduray feels neglected Oftentimes the Teduray has no chance of winning the election There is discrimination Oftentimes the one who has the money wins the election)

14

In the present context there is a general comfortable feeling towards local governance because the current chief executive of the municipality is a Teduray However there exists an implied fear that the change of leadership can mean problem to Teduray communities A Key Informant pointed that one obstacle to the satisfaction of Teduray concerns is Kung magbago ang Mayor Ngayon kasi Teduray ang mayor kaya kahit papaano nabibigyan ng halaga ang mga pangangailangan ng Teduray Oras na mapalitan siya ng hindi Teduray sa palagay ko maisasantabi na naman kami (If the mayor is changed As of now the mayor is a Teduray so that Teduray concerns are given attention I believe the moment he is succeeded we will be sidelined again)

In addition Teduray local government officials also pointed the larger problem of non-recognition of the Indigenous Peoples Rights Act of 1997 (IPRA) in the ARMM A Department of Education (DepEd)-ARMM official expressed that one big obstacle to Teduray concerns is Kakulangan ng pagrespeto at pagkUala sa karapatan ng mga katutubo Kakulangan ng pagpapatupad ng batas IPRA sa ARMM (Lack of recognition and respect of IP rights Lack of implementation of the IPRA law within the ARMM)

Among them there is insistence on recogmtIon of traditional laws in the mainstream governance system Kung ako lang isang balakid ang di pagkilala ng gobyerno sa tradisyunal na pamaraan namin Para sa akin mas epektibo talaga para sa amin ang tradisyunal Kaya sana i-recognize naman ng gobyerno ang aming pamaraan Problema rin namin ang logging Sa ngayon nandiyan pa rin sila Pero di namin sUa pinakialaman basta lang huwag sUa pumasok sa aming barangay (In my opinion one of the obstacles is nonshyrecognition of our traditional ways by the government I am convinced that the traditional way is more effective to us I

15 ------~--------------------------------------

wish the government will recognize it Another problem is the logging [operation] Right now they are still in the area but we dont do anything to them as long as they dont encroach into our barangay)

To these interrelated problems they recommend the recognition of the Teduray system stipulated in the Timuay Justice and Governance (TJG) Accordingly it is seen as an opportunity to mainstream Teduray socio-cultural political and economic issues

The Timuay Justice and Governance of 2002

In 1993 the larger Teduray communities in the municipalities of Upi and Timanan including the satellite Teduray communities in Lebak Kalamansig Datu Odin Sinsuat Talayan Shariff Aguak Kulaman and Ezperanza undertook a tribal gathering and formed the Mamalo Descendants Organization (MOO) basically to unite Teduray communities under a common historical theme2

bull They also discussed and brought back memories of the traditional Timuay leadership structure Finally in 2002 they formalized the revival of the traditional leadership structure into the Timuay Justice and Governance (TJG) Timuay Alim Bandara explained that the primary reason for the move was para maibalik sa isipan ng mga tao and dating istruktura (~ to raise peoples awareness about the traditional structure of the Timuay leadership) The leaders explored ways how the Teduray governance could be recognized They drew their ideas from the fact that the Timuay Kefedewan and Bliyan are still very much alive in their collective consciousness

2 Common Teduray and Magindanaon legend tells of brothers Mamalo and Tabunaway Accordingly Tabunaway converted to Islam and became the ancestor of the Magindanaon and other Islamized tribes Mamalo chose to retain his indigenous belief and decided to live in the mountains He became the ancestor of the indigenous tribes including the Teduray

despite the domineering presence of the mainstream governance system And so the collaborative effort to revive the traditional leadership structure was pursued in earnest Their recognized community leaders the elders were illiterate but very wise and their active and educated youths discussed planned and collaborated to draw up the current structural design of the Timuay Justice and Governance Finally they were able to establish the TJG Presently they are advocating and looking for ways to have it recognized in the regional government structure of the AR1v1M

It is through the Mamalo Descendants Organization (MOO) that The Timuay Justice and Governance (TJG) was established in 2002 with the primary aim of strengthening tribal governance and of putting up a governance structure that is interface-ready with the government structure Internally it is structured to facilitate greater community participation in the overall consultation process of governance As explained it embodies the traditional Teduray concept of istruktura ng pamumunuan mga batas polisiya at program a sa pamamahala (leadership structure laws and policies and programs of governance) Its characteristics are founded on the traditional basic principles of close affinity with the natural environment communal ownership collective leadership equality of all human beings Kejiyo Fedew (harmony) and Lumot Minanga (progressive pluralism) It is constituted by the following key structural elements

Timada Limud (tribal congress)

Minted sa 1nged (Council of Chieftains)

1nged Kasarigan (territorial Executive Body)

Fagilidan (supreme justices)

Timuay Labi (Tribal Head Chieftain)

Titay Bleyen (Vice-Tribal chieftain)

___________________________________ 17 16

Ayuno Tulos (secretary) Senrukoy Tulos (Treasurer) (TJG 2002 pp6-11)

Figure 1 Structure of the Timuay Justice and Governance

PROVINCEREGION

I INGED KASARIGAN

rrerritory Executive Body) 1 Timvay Kasadgan 2 Sungku Timuay Kasarigan 3 Mumuuka Inged (territory

Overseer) 4 Faruyaga

Mginged(griculture) 5 FUamallln (organizer) 6 Senrukuy Tulos(finance) 7 Kemem1 Kadatan(spiritu

comrrittee doctor seer) 8 Civil Society Orgt nizaions 9 Seayunon(faison spokesn) 10 Finlilan(Women os group) 11 Mngungud(youth middots group) 12 Diyg Fenuwo(village police)

TIMFADA LlMUD (Tribal Congress)

MINTED SA INGED Administrative

Council of Chieftains

I TimloLabi (Tnbal Head ClUeftain)

2 TI(~BlC)6l(Vic-Tribalchidlain)

J Ayo T las (ony) J Sagtnltk0) TIa (T reasurcr) 5 Miwmb (8)

SELIMUDO FENUWO

Local Council of Chieftains I I

I II Sitio I I SitiD I

KOYORAN (SITIO)

I FAGILIDAN

(Supreme Jus1 ices) IKefedewan

shy

I Fenuwo Executive Body

Tvnggv Kuarigan 2 Svngko Kasarig8n

II Sitio I

Bibliography

Accion Contra EI Hambre (2005) Broken lives fragile dreams A Vulnerability study of five ethnic commumties in Maguindanao and Lanao del Sur Cotabato City ACH

Alejo A E (2000) Generating energies in Mount Apo Cultural politics in a contested environment Quezon City Ateneo de Manila University Press

Convention (No 169) Concerning Indigenous and Tribal Peoples in Independent Countries (September 1991) httpwwwunhchrchlhtmlmenu3b62htm

Datumanong Abubacar M (2005) The Maguindanaon Datus Their role in resolving conflict Unpublished Doctoral Dissertation Notre Dame University Cotabato City

Gowing P amp Mc Amis R (1974) The Muslim Filipinos Manila Solidaridad Publishing House

Hoebel A E (972) Anthropology The study of man New York McGraw - Hill Book Company

Hughes L (2003) The No-Nonsense guide to indigenous peoples Oxford Verso

Lacson RD C (2005) Aromanon Manobo armed conflict experiences strategies UPhilippines

Cultural npublished

coping theses

mechanisms Xavier Unive

and rsity

19

MUNICIPAL

BARANGAY ~ I

Samfeton (Fenuwo Justices)

1 Tvnggu Samfeton 2 Svngko Samfeton

REMFING FENUWO (MUNICIPAL)

Remfong Fenuwo Juces I Remflng F enuwo Kasangan (Kefedewan) l Baglalan J (Admi~isral ive Body)

(Executrve Body) I Tmvy Kasarigan 2Svngku Kanrigan

II Sitio I

I

18

Mastura Michael O (1979) The rulers of Mindanao in modern history 1515-1903 Research Proj ect No 5 Modem Philippine History Program Quezon City Philippine Social Science Council

Mc Kenna T M (1998) Muslim rulers and rebels Manila Anvil Publishing Inc

Rodil B R (1994) The minonttzation of indigenous communities of Mindanao and the Sulu archipelago Davao City Alternate Forum for Research in Mindanao Inc

Schlegel S (1970) Tiruray Justice California Berkley University Press Inc

The World Bank (November 2003) Human development for peace and prosgerity in the Autonomous Region in Muslim Mindanao Pasig City The World Bank

Tilnuay Justice and Governance (2003) Oryentasyon Hinggil sa Timuay Justice and Governance Quezon City Philippine Peasant Institute

iJ

The Final Report of this research abstract is available at the University Research Center

20

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The University R(~s(~ar(~h (~enter has three service units Sudo-EcOI loll lh Iltc sc UC1I (C I1I~1 (SIIltC) Institutional Resealch al(I I )cwduIlIIc III (11lt1)) IIml HIlIJIBull io (UB)

With its multi-service ullits Ut~ I III lvcs lly Iltl~N( III(1I C C~III( middotmiddot

performs the NDlJ Visioll-Missioll to NIWVC 1111 II CclIlc 1111 I lin meeting and dialogllc~ helw(~c~1I s(h~lIc 1111111111111 IIIltC IIIUlUlulf is to promote the advUlHxmwlI1 or klluwlcclgc 111111 cc VCluIIIIH111 III Central Mindanao alld Ul(~ AIltMM ar~~m~ 11I1CI1l1ol1i C~ Icmiddot VIIIII 1111111111111middot disciplinary approactl(~s Oil isSlws of d UllIgl 111111 c hVCIIII )1I1 C~1I1 ur peoples in this parI of Mir(lalllCl

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resea rches on issues of d(wlopnwlIl lo( I HId tloII1I of prlvct and

public agencies instilutione in Ikqinll XII (e (utr1 MludUMO) 1nd the Autonomous Region in Mu~lIm MhIIIIIO (ARMM) rcu Idntlnr d In the East Asean Growth Arc (fAtiA) lJulVIIUII

INSTITUTIONAL RESEARCH

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serves as the reSttHeh 1I1 e1 Imlm) rn of th Unlv providing assistance to Unlwl lIy ( 10f II (un

researthes and planning dlvclopl1Unl Jgtl oqrdm for lltIlutiona l development

DATABANKDB ~-~ provides wll(( lion of fu t regions of Mindanao Pll rtJcu llrly till Autonomou

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Notr~fDame Urdversity Cotabato City

Research Monograph No 30

In~igenous Self-Governance Practices

of the Teduray

This Research Monograph Series presents the researches conducted by the University Research Center

Notre Dame University Cotabato City

Page 3: URC_2006_Indigenous Self-Governance Practices of the Teduray

The TEDURAY of Upi Maguindanao (by RerDoniloLacson RmarchAssociale LRC)

Key Concepts in the Traditional Teduray Governance and Leadership Structure

The Teduray is one of the 18 indigenous ethno-linguistic groups originally inhabiting the island of Mindanao Philippines Today as it was since time immemorial Teduray communities are largely concentrated in the towns of South Upi (Timanan) and North Upi (Upi) Maguindanao Province ARMM (60 53N latitude 1240 02E longitude)

In the beginning of the American occupation in the 1900s provinces and towns were created as the new geoshypolitical delineation out of the different indigenous villages and settlements in Mindanao Until that time Teduray communities were politically subjugated to the larger Maguindanao Sultanate which the Muslims established as early as 1450 (Rodil 1994) Later the Americans transformed the sultanate into Special Moro Province and much later into Empire Cotabato Province Specifically the Teduray territory of Upi was officially designated as a barrio of Dalican (now Municipality of Datu Odin Sinsuat)The influx of I1ocanos from Luzon and I1onggos from Visayas in the 1920s increased the areas population and consequently pmvered its economic (agricultural) grmV1h

In 1957 Upi weaned away from its geo-political dependence on Dalican and eventually became another municipality of the Empire Cotabato Province On October 26 1976 Upi was divided into North Upi and South Upi upon the issuance of Presidential Decree (PD) No 1046 North Upi retained the name Upi while South Upi became known as Timanan Presently Upi has a total Teduray population of 12164 and Timanan has 37697 total Teduray

I

population (Notre Dame University Research Center 2004) These figures constitute roughly 8 of the 662180 total population of Maguindanao Province (ARMM Socioshyeconomic profile 2000)

The same ethnic groups of Ilocanos Ilonggos (Christians) Magindanaons (Muslims) and Tedurays (Indigenous People) predominantly define the Tri-people composition of Upi and Timanan populations Timanan is presently headed by a Teduray mayor who was eventually sworn-in to the position after a much-heated and violent electoral contest in 2002 On the other hand a more peaceful electoral contest finally installed a Teduray mayor in Upi after a long succession of Magindanaon (Muslim) mayors since 1957

Just like the other indigenous groups in Mindanao much of the Teduray geo-political history is kept and transmitted through oral form A few written materials focus on Teduray laws and conflict resolution processes such as those written by Schlegel (1970) But the larger Teduray historical resource remains undocumented Very recently in 2002 a tribal initiative was undertaken to put into writing a brief history and the salient political features of the Timuay Justice and Governance (TGJ) system

I Teduray leaders and elders insist that before the coming of Islam and Christianity in this part of the globe there were 8 original Indigenous People (IP) tribes in South-Central Mindanao that used to practice the Timuay System (sic)1 of governance as mode of socio-political arrangement Those tribes were Subanen Teduray Lambangian (Half Teduray)

J The ternl Timuay System is just a contemporary constructed terminology referring to the traditional political structure pervading the 8 indigenous tribes of central Mindanao befor Islam came to Mindanao

2

Dulangan Manobo TBoli Blaan Bagobo and Arumanen Manuvu In this particular system the Timuay is the recognized leader of the village territory and community Timuay comes from the generic Manobo term timu (to gather) Literally Timuay refers to the person who by all account of social economic and political status gathers the people (Lacson 2005) Today these tribes still appropriate the concept of Timuay as leader

However the Teduray believe that before the introduction of the Sultanate governance system (Islam) around 1450 and the colonial governance system (Christian) around 1565 all indigenous societies in South-Central Mindanao followed the Timuay governance system which was functioning effectively at the level of each individual tribe (TJG 2003) This claim may have strong validity considering that even today the aforementioned groups still refer to the Timuay as main political figure (Alejo 2002 Rodil 1994 amp Lacson 2005) In fact the Timuay system was evolving towards the establishment of a consolidated inter-tribal governance when the introduction of the sultanate system first disrupted the process Subsequent colonial and imperial govemments respectively thwarted the maturing of the Timuay System (TJG 2003)

The Timuay occupies the highest position in the traditional political hierarchy He is always a male In the past such position was not confined to mere politica functions By mode of operation the Timuay was the point of socio-political reference The community always perceived him as an individual set apart for political leadership as prescribed in the Adat (traditional Teduray set of standards of conduct and obligations) There were two bases for becoming Timuay (a) by inheritance (being the eldest son of a Timuay) and (b) being personally chosen by the Timuay In a recent survey of 30 households in Rifao respondents unanimously

3

assert that the most outstanding quality of Timuay is May kakayahang mamuno sa komunidad (ability to lead the people) Communal identity was linked with him whereby peoples geographic and political affiliations were oriented to the Timuay territorial sway of influence or sakuf It is within the same sphere of understanding that the Teduray used to arrange their Fenuwo (villages) and Inged (territories) in the most organic level

In spite of the pre-eminence of his position the Timuay was not the sole figurehead in the Teduray society Traditionally individuals and parties looked up to the Kefedewan for representation during fonnal negotiations of agreements such as marriage and non-violent settlement of disputes He was generally considered the legal authority who together with other Kefedewan comprised a respected group of individuals with the following extraordinary skills (a) strong memory especially of details pertammg to consummated agreements (b) comprehensive knowledge of the fine lines of the Kitab Kaedatan (customs) (c) mastery of the binuwaya (euphemistic) style of speaking (d) persuasive but polite manner of articulation of ideas and (e) consistent display of patience and cool-headedness even during the most heated negotiation process These also serve as criteria for becoming Kefedewan In the present socioshypolitical context the Teduray still apply the same criteria in ch~osing their Kefedewan and still look up to him with the same regard The recent survey in Rifao presents a simpler understanding of those qualities as magaling magsalita (articulate speaker) walang kinakampihan (does not show favoritism) marunong sa batas na katutubo (knowledgeable in customary law) mapasensiya (patient) rnatibay ang memOJya (superb memory)

The tenn Kefedewan is derived from the root wordfedew which means feelings Timuay Alim Bandara the Timuay

Labi (Chief Executive) of the Timuay Justice and Governance explained Ang Kefedewan ay tinaguriang doctor ng fedew Siya ang taga-ayos at nagpapagaling ng nasirang damdarnin ng mga tao (The Kefedewan is the doctor of feelings He cures the hurt feelings of people) He perfonns his noble service through a tiyawan (formal adjudicatory discussion) where he represents individuals and parties in the traditional conflict resolution process By operation the Kefedewan is comparable to an attorney His position is not preordained Just like the ordinary court attorney he gradually develops his skills and builds his name within the Kefedewan trade But unlike the court attorney the Kefedewan also pays tamuk (blood price or fine) for his client in cases where the latter is demanded to pay for a crime or transgression committed A Kefedewan who is always willing to do this is accorded with high regard in the community The reverse action makes a Kefedewan disdainful and untrustworthy in the eyes of his villagemates (Schlegel 1970) Most importantly however the Kefedewan always aims to settle issues on a win-win solution together with other Kefedewan involved in a Tiyawan When on it the Kefedewan keeps at the core of his concerns the attainment of justice which restores good fedew (feelings) in terms of respect for rights and feelings of all people involved Schlegel elaborates

Kefedewan represent a particular person - more accurately a paI1icular person and his kindredshybut they do not contend in the manner of trial lawyers in adversary proceedings They do not try to win for their side Together all Kefedewan participating in a Tiyawan are expected to strive eamestly to achieve a situation where all benal has been recognized where those responsible for the trouble have shythrough their Kefedewan - accepted their

4 5

responsibility and fault and have been properly fined so that all fedew have been made good (fiyo) Kefedewan act much more like a fraternity of judges than like an array of lawyers they are committed as a group to an ultimate respect for just decisions that set every fedew right Among Kefedewan this commitment is an-important (Schlegel 1970 p 61)

A person who trusts his fedew to a particular Kefedewan becomes a sakuf of the later However such relationship is not political in nature The Kefedewan is not bound to the personal interest of his sakuf but to the task of setting all things in good and harmonious state Primarily the Kefedewan has no political power Schlegel explains further

Although the decisions of Kefedewan have authority they cannot be backed by force Legal leaders among the traditional Tiruray are authoritative they are not powerful A decision that someone was at fault and should be fined is made and accepted by men who are completely powerless to force acceptance of any decision They cannot have anyone beaten ostracized imprisoned in any sense or executed (Ibid

1970 p 65)

The arena within which the Kefedewan actualizes his unique function is the Tiyawan - meaning to converse with a singular aim of arriving at a common decision The activity within which this purposive conversation is undertaken is called setiyawan - literally means to adjudicate together These considerations deliver the concept of Tiyawan as a fonn of surface litigation

It is to his Kefedewan that a person reports when heshe wants to forge some formal agreements with other persons Commonly this takes the form of marriage arrangement or conflict resolution process Then the Kefedewan approaches the Kefedewan of the other party (either personally or through a messenger) to set a date for the Tiyawan After which the parties concerned are notified about that very important appointment Within the Tiyawan itself the overall rationale is to adjudicate together

Basically the Kefedewan and Tiyawan are two major components of a synergetic mechanism within the socioshycultural system whose primary function is to halmonize all human transactions within the frame of the Kitab Kaedatan (customary law specifically prioritizing respect)

The Bliyan (or Beliyan) is the clairvoyant medicine person Heshe is not chosen by the people Heshe is endowed with themiddot knowledge and power to communicate with unseen entities As such heshe serves as the primary consultant in the Fenuwo Aside from attending to the maladies of hislher village mates the Bliyan is consulted on mundane matters such as planting hunting harvesting fishing and all ritual activities for thanksgiving cleansing wedding and burial

In summary the traditional Teduray self-governance had the following key conceptselements

1 Governance - Timuay Kefedewan Bliyan 2 People - Sakuf (village-based) 3 Territory - Fenuwo (village) Inged (territory) 4 Sovereignty-Did not mature into federal collectivity

(remained village-bound) 5 Representation - Kefedewan and Tiyawan (villageshy

based) 6

7

Political Ascendancy

Ordinary Teduray folks today know that election is the process of choosing leaders in the present mainstream governance system However they also know that there was a different process in the past Accordingly traditional political ascendancy used to be based on two modes (a) by inheritance and (b) being chosen by the Timuay The Timuay Kefedewan and Bliyen were not voted upon by the people Holders of those positions got these by inheritance by being selected by a leader or a group of leaders and in the case of the Bliyan as supernatural gift Vivid memory and strong belief in the traditional process prompted one Teduray Local Government Official (LGO) to declare confidently that Ang eleksiyon ay hindi naaangkop sa sistema ng Teduray (Election [voting] is not compatible with the Teduray system) Another Timuay said Noong unang panahon walang kasulatan Pagshyuusapan lang ng mga Timuay ang pagpili ng lider dahil hindi nakapag-aral ang mga tao Walang batas na sinusunod na kagaya sa eleksiyon natin ngayon Wala rin kasulatan Ang sinusunod na batayan ay ayon sa galing (In the past there were no written documents The process of choosing a leader was done through Timuay discussions because people were illiterate There was no legal basis to follow Basic criteria were simply based on skills and expertise) They added that Kapag Timuay 0 Kefedewan ka hanggang mamatay ka di ka~ papaliran (When you are a recognized Timuay or Kefedewan you are never replaced until you die) Accordingly the selection was based on traditional qualities ascribed to leaders such as may kakayahang mamuno sa komunidad (ability to lead the community) magaling nwgsalita (articulate speaker) walang kinakampihan (does not show favoritism) marunong sa batas na katutubo (knowledgeable in customary law) may pasensiya (patient) and matibay ang memolya (superb memory) These qualities were major considerations for someone to become leader Or

8

if someone was destined to become a leader by virtue of inheritance he had to develop these same qualities in order to gradually fit into his preordained position FGD participants assert that the Kefedewan ay dapat talaga mahusay magsalita at magaling sa batas ng tribo (the Kefedewan first and foremost must be articulate and expert in customary laws)

Leaders Functions Duties and Responsibilities

Respondents in this study unanimously agree that the main task of traditional leaders in the past was to settle disputes in the village and to implement the Kitab Kaedatan (tribal laws) Accordingly the traditional leaders task was taga-ayos ng mga problema sa komunidacf (settles problems in the community) Specifically the Timuay was looked up as figurehead of the territory to whom people s political affiliation was anchored Nevertheless his relationship to his sakuf was not servile nor feudal in character Except for making sure that their territory was at peace with neighboring territories by maintaining friendly alliances a Timuay was perceived as just another village farmer among his village-mates Such relationship was in harmony with the Teduray egalitarian social character

The Kefedewan and the Tiyawan are the conflict resolution mechanisms of the community These exist and function symbiotically to maintain interpersonal harmony and peace as well as a form of social control to align individual middot and communal behavior with the Kitab Kaedatan (customary laws) Sanctions for misbehavior are finalized in the Tiymvan The whole community enforces the punishment with ostracism as an ultimate punishment

Today Teduray communities still prefer local officials to resolve conflict in the traditional manner especially when the

9

----------------------------------------------

disputants are all Teduray In such cases even Barangay officials recommend that disputes be settled in the manner following tribal customs One major reason for this preference lies in the traditional principle governing conflict resolution wherein parties in disputes are always led to a winshywin settlement with the restoration of peaceful relation as an end product Current Challenges and Opportunities in Teduray Governance t

When the Municipality ofUpi was first established it had a Teduray as its first Mayor After him Moro (Muslim) mayors all from the Sinsuat Clan succeeded to the position one after the other It was only in the last local elections that a Teduray mayor was elected Accordingly the Sinsuats who sat as Mayors were at the same time Datus in the traditional Moro social setup By operation they were traditional Moro Datus who have become mayors in the mainstream governance setup A Key Informant relates Ang mga naging Mayor na Sinsuat ay mga kilalang Datu ng mga Muslim (Moro) Noon pa man bago pa ang mainstream na sistema may dati nang pakikipag-ugnayan ang mga Datu ng Muslim at mga Timuay ng Teduray Ang ganitong ugnayan ay siyang dinala ng mga Sinsuat noong sila ang mga naging mayor ng Upi So ang pagiging Mayor nila sa mainstream na sistema ay sa titulo lang Ngunit sa katotohanan ang sistemang Datu at Timuay pa rin ang pinalakad nita OK rin sa amin yun kasi doon kami sanay at alam namin kung papaano kami magkonekta sa pamunuan Actually kahit sa ngayon sa l pamayanan ng mga Muslim kagaya ng Shariff Aguak ay Datu

system talaga ang patakbo Kaya nga totoo yung sabi nila na sa buong bayan ng Shariff Aguak ay walang eleksiyon Seleksiyon lang kasi ganun talaga sa dating sistema ng Datu at Timuay Dumaan sila sa proseso ng kung saan tinatalaga sila bitang fider at hindi pinagpipilian ng mga tao Yun ang

1 sistemang mahabang panahon naming naisabuhay at

10

talagang naintindihan ng kahit mga ordinaryong mga tao namin

Kaya ngayon kahit na naihalal na bilang Mayor 0

Barangay Chairman ang iba sa amin ang pagtingin ng mga tao namin sa kanila ay kagaya noong dating pagtingin na para sa mga Timuay Sa ngayon Teduray na ang mayor Ang isa sa kahirapan niya ngayon ay di niya ma-duplicate ang ganuong relasyon dahil hindi naman siya Datu Sa isipan ng mga tao ganun pa rin ang pakikitungo Hindi niya kasalanan kung hindi niya matugunan ito Sincere lang siya na gampanan ang dapat niya gampanan sa mainstream system Mahirap lang kasi hindi pa malawak ang pagka-intindi ng mga tao sa mainstream system Sa ngayon hirap na hirap siya kung papaano madiskartehan ang problemang ito Isa pa sa Teduray kasi pantay kami lahat Walang ideya ng constituency Ang mga fider ay tagapagtaguyod lang ng kapakanan ng mga tao Pero maliban doon wala sa amin ang nangingibabaw ang posisyon sa buhay Ito ang naging principal value sa pagtatag ng T JG - pantay-pantay lahat kasama ang mga lider (Members of the Sinsuat clan who became mayors were known Datu of the Moros (Muslims) Even before the establishment of the mainstream system there was already link between the Muslim Datus and Teduray Timuays The same linkage was sustained by the Sinsuats when they sat as mayors of Upi So their being mayors in the mainstream system was simply titular in nature In truth it was the Datu-Timuay linkage they were implementing It was OK for us then because it was the way we had been linking with the leadership Actually even until now among Muslim municipalities like Shariff Aguak it is the Datu system that runs the community affairs That is why there is truth when they say that there is no election in Shariff Aguak There is only selection That was really the way things were done in the Datu and Timuay systems They passed through the process where they were simply appointed

11

--------------------------------------------

and were not voted upon by the people That was the system we lived for a long time and was fully understood by even the most ordinary of our people

That is why today even when somebody has been elected as mayor or barangay chainnan people still perceive of him as Timuay (or Datu) Presently our mayor is a Teduray One of his difficulties lies in his inability to duplicate such kind of relationship because he is not a Datu In peoples minds that was the standard transaction It is not his fault if he could not satisfy such expectation He is sincere in trying to fulfill his responsibilities and duties in the mainstream system Some people could not simply comprehend the mainstream system As of now he is much pressured in finding a strategic approach to this problem Another thing in the Teduray society we understand that we are all equal There is no idea of constituency The leader simply facilitates the concerns of the people Aside from that there is no hierarchical position This is the principal value in the establishment of the TJG shyall are equal including the leader)

One of the questions in the FGD asked Sa ngayon anushyano ang mga nagiging problema ninyo sa pagpili ng inyong fider Papaano ninyo nabibigyan ng solusyon ang mga ito Anu-ano ang inyong mga rekomendasyon upang lalong mapabuti and pamamalakad sa inyong komunidad (At preosent what problems do you encounter pertaining to selection of a leader How do you resolve these What are your recommendations in order to improve the management in your community)

The questions generated two types of answers The tone depended on the socio-political orientation of the participant

Non-LGO (Local Government Officials) participants recognized that Ang eleksiyon ay hindi naaangkop sa sistema ng Tedw-ay (Election [voting] is not compatible with

the Teduray system) In spite of this it is worth noting that many Teduray individuals have held government positions at one time or another On the other side key infonnants confidently expressed Sa akin lang wala naman gaanong problema Ang mga maWt na gulo mga Baglalan at Kefedewan pa rin ang mag-solve Pero ang logging dahil malaki na sa munisipyo na ito dapat dalhin (I think there is no problem at all It is still the Baglalan and Kefedewan who settle small problems Big problems such as the logging operation should be brought to the municipal level)

In view of this general problem they recommend the recognition of the Teduray system of political ascendancy Furthennore the recommendation includes the recognition of the Teduray justice system where a community problem goes through the deliberations of the Kefedewan within the auspices of the Baglalan (title holders) and the Samfeton (council of Kefedewan) before if ever reaching the barangay chainnan They believe this is more effective because Sa mga Kefedewan at mga Timuay inaayos talaga ang problema Napag-uusapan nila ang tamang penalty para maayos ang problema (Problems are really resolved at the level of the Timuay and Kefodewan It is where penalties are justly determined in order to solve the problem)

The positions ofthe Tilnuay Kefedewan and Bfiyan have been effectively sustained and kept alive in the present context in spite of the imposition of the mainstream and dominant Philippine governance system But its traditional socio-political schema has been dramatically altered Todqy the provinces municipalities and barangays with very different area delineation supercede what used to be delineated as Inged (territories) and Fenuwo (villages) relative to adjacent territories of other groups such as the Arumanen the Dulangan and the Magindanaon Consequently the Teduray who now live within this set-up

12 13

possess a mixed perception of the leadership structure Very often ordinary Teduray folks today inter-changeably refer to the Timuay Kefedewan Fagilidan Baglalan Barangay Kapitan and Kagawad as The Leaders However when pressed further about the traditional perception on leaders only the Timuay and Kefedewan surfaced as the prominent generic traditional titles The respondents did not recall of any other leadership titles that have been handed down to their awareness by their ancestors This claim is very evident in the way present Teduray communities operationalize the present leadership set-up Very often the Barangay Kapitan (barangay chairman) and Kagawad (barangay council member) are also positions taken by Timuays or soon-to-be Timuay It is worth noting that elected officials in the municipalities and the barangays dominated by the Teduray population are conferred with the Timuay titles

It has been stressed that the primary problem with the present system of selecting leaders is the palakasan (political patronage) system where a person Kahit hindi qualified basta nakasandal sa malaking politiko ay nagiging lider Hindi nakaka-unite sa tao Hindi tuloy nag-cooperate yung iba Dinadaan sa threats Sa barangay naman kung saan mixed ang grupo ng Teduray at settlers at kung ang lider ay settler nagiging neglected ang Teduray Madalas walang tsansa ang mga TedUlay na manalo sa election May

11

discrimination Madalas kung sino ang may pera ay siya ang panalo sa eleksiyon (Even non-qualified [persons] with big politician backers become leaders But this results in disunity Consequently others refuse to cooperate [with the leadership] Other [leaders] employ threats In the barangay where there is mixed group of Teduray and settlers in which the local official is a settler the Teduray feels neglected Oftentimes the Teduray has no chance of winning the election There is discrimination Oftentimes the one who has the money wins the election)

14

In the present context there is a general comfortable feeling towards local governance because the current chief executive of the municipality is a Teduray However there exists an implied fear that the change of leadership can mean problem to Teduray communities A Key Informant pointed that one obstacle to the satisfaction of Teduray concerns is Kung magbago ang Mayor Ngayon kasi Teduray ang mayor kaya kahit papaano nabibigyan ng halaga ang mga pangangailangan ng Teduray Oras na mapalitan siya ng hindi Teduray sa palagay ko maisasantabi na naman kami (If the mayor is changed As of now the mayor is a Teduray so that Teduray concerns are given attention I believe the moment he is succeeded we will be sidelined again)

In addition Teduray local government officials also pointed the larger problem of non-recognition of the Indigenous Peoples Rights Act of 1997 (IPRA) in the ARMM A Department of Education (DepEd)-ARMM official expressed that one big obstacle to Teduray concerns is Kakulangan ng pagrespeto at pagkUala sa karapatan ng mga katutubo Kakulangan ng pagpapatupad ng batas IPRA sa ARMM (Lack of recognition and respect of IP rights Lack of implementation of the IPRA law within the ARMM)

Among them there is insistence on recogmtIon of traditional laws in the mainstream governance system Kung ako lang isang balakid ang di pagkilala ng gobyerno sa tradisyunal na pamaraan namin Para sa akin mas epektibo talaga para sa amin ang tradisyunal Kaya sana i-recognize naman ng gobyerno ang aming pamaraan Problema rin namin ang logging Sa ngayon nandiyan pa rin sila Pero di namin sUa pinakialaman basta lang huwag sUa pumasok sa aming barangay (In my opinion one of the obstacles is nonshyrecognition of our traditional ways by the government I am convinced that the traditional way is more effective to us I

15 ------~--------------------------------------

wish the government will recognize it Another problem is the logging [operation] Right now they are still in the area but we dont do anything to them as long as they dont encroach into our barangay)

To these interrelated problems they recommend the recognition of the Teduray system stipulated in the Timuay Justice and Governance (TJG) Accordingly it is seen as an opportunity to mainstream Teduray socio-cultural political and economic issues

The Timuay Justice and Governance of 2002

In 1993 the larger Teduray communities in the municipalities of Upi and Timanan including the satellite Teduray communities in Lebak Kalamansig Datu Odin Sinsuat Talayan Shariff Aguak Kulaman and Ezperanza undertook a tribal gathering and formed the Mamalo Descendants Organization (MOO) basically to unite Teduray communities under a common historical theme2

bull They also discussed and brought back memories of the traditional Timuay leadership structure Finally in 2002 they formalized the revival of the traditional leadership structure into the Timuay Justice and Governance (TJG) Timuay Alim Bandara explained that the primary reason for the move was para maibalik sa isipan ng mga tao and dating istruktura (~ to raise peoples awareness about the traditional structure of the Timuay leadership) The leaders explored ways how the Teduray governance could be recognized They drew their ideas from the fact that the Timuay Kefedewan and Bliyan are still very much alive in their collective consciousness

2 Common Teduray and Magindanaon legend tells of brothers Mamalo and Tabunaway Accordingly Tabunaway converted to Islam and became the ancestor of the Magindanaon and other Islamized tribes Mamalo chose to retain his indigenous belief and decided to live in the mountains He became the ancestor of the indigenous tribes including the Teduray

despite the domineering presence of the mainstream governance system And so the collaborative effort to revive the traditional leadership structure was pursued in earnest Their recognized community leaders the elders were illiterate but very wise and their active and educated youths discussed planned and collaborated to draw up the current structural design of the Timuay Justice and Governance Finally they were able to establish the TJG Presently they are advocating and looking for ways to have it recognized in the regional government structure of the AR1v1M

It is through the Mamalo Descendants Organization (MOO) that The Timuay Justice and Governance (TJG) was established in 2002 with the primary aim of strengthening tribal governance and of putting up a governance structure that is interface-ready with the government structure Internally it is structured to facilitate greater community participation in the overall consultation process of governance As explained it embodies the traditional Teduray concept of istruktura ng pamumunuan mga batas polisiya at program a sa pamamahala (leadership structure laws and policies and programs of governance) Its characteristics are founded on the traditional basic principles of close affinity with the natural environment communal ownership collective leadership equality of all human beings Kejiyo Fedew (harmony) and Lumot Minanga (progressive pluralism) It is constituted by the following key structural elements

Timada Limud (tribal congress)

Minted sa 1nged (Council of Chieftains)

1nged Kasarigan (territorial Executive Body)

Fagilidan (supreme justices)

Timuay Labi (Tribal Head Chieftain)

Titay Bleyen (Vice-Tribal chieftain)

___________________________________ 17 16

Ayuno Tulos (secretary) Senrukoy Tulos (Treasurer) (TJG 2002 pp6-11)

Figure 1 Structure of the Timuay Justice and Governance

PROVINCEREGION

I INGED KASARIGAN

rrerritory Executive Body) 1 Timvay Kasadgan 2 Sungku Timuay Kasarigan 3 Mumuuka Inged (territory

Overseer) 4 Faruyaga

Mginged(griculture) 5 FUamallln (organizer) 6 Senrukuy Tulos(finance) 7 Kemem1 Kadatan(spiritu

comrrittee doctor seer) 8 Civil Society Orgt nizaions 9 Seayunon(faison spokesn) 10 Finlilan(Women os group) 11 Mngungud(youth middots group) 12 Diyg Fenuwo(village police)

TIMFADA LlMUD (Tribal Congress)

MINTED SA INGED Administrative

Council of Chieftains

I TimloLabi (Tnbal Head ClUeftain)

2 TI(~BlC)6l(Vic-Tribalchidlain)

J Ayo T las (ony) J Sagtnltk0) TIa (T reasurcr) 5 Miwmb (8)

SELIMUDO FENUWO

Local Council of Chieftains I I

I II Sitio I I SitiD I

KOYORAN (SITIO)

I FAGILIDAN

(Supreme Jus1 ices) IKefedewan

shy

I Fenuwo Executive Body

Tvnggv Kuarigan 2 Svngko Kasarig8n

II Sitio I

Bibliography

Accion Contra EI Hambre (2005) Broken lives fragile dreams A Vulnerability study of five ethnic commumties in Maguindanao and Lanao del Sur Cotabato City ACH

Alejo A E (2000) Generating energies in Mount Apo Cultural politics in a contested environment Quezon City Ateneo de Manila University Press

Convention (No 169) Concerning Indigenous and Tribal Peoples in Independent Countries (September 1991) httpwwwunhchrchlhtmlmenu3b62htm

Datumanong Abubacar M (2005) The Maguindanaon Datus Their role in resolving conflict Unpublished Doctoral Dissertation Notre Dame University Cotabato City

Gowing P amp Mc Amis R (1974) The Muslim Filipinos Manila Solidaridad Publishing House

Hoebel A E (972) Anthropology The study of man New York McGraw - Hill Book Company

Hughes L (2003) The No-Nonsense guide to indigenous peoples Oxford Verso

Lacson RD C (2005) Aromanon Manobo armed conflict experiences strategies UPhilippines

Cultural npublished

coping theses

mechanisms Xavier Unive

and rsity

19

MUNICIPAL

BARANGAY ~ I

Samfeton (Fenuwo Justices)

1 Tvnggu Samfeton 2 Svngko Samfeton

REMFING FENUWO (MUNICIPAL)

Remfong Fenuwo Juces I Remflng F enuwo Kasangan (Kefedewan) l Baglalan J (Admi~isral ive Body)

(Executrve Body) I Tmvy Kasarigan 2Svngku Kanrigan

II Sitio I

I

18

Mastura Michael O (1979) The rulers of Mindanao in modern history 1515-1903 Research Proj ect No 5 Modem Philippine History Program Quezon City Philippine Social Science Council

Mc Kenna T M (1998) Muslim rulers and rebels Manila Anvil Publishing Inc

Rodil B R (1994) The minonttzation of indigenous communities of Mindanao and the Sulu archipelago Davao City Alternate Forum for Research in Mindanao Inc

Schlegel S (1970) Tiruray Justice California Berkley University Press Inc

The World Bank (November 2003) Human development for peace and prosgerity in the Autonomous Region in Muslim Mindanao Pasig City The World Bank

Tilnuay Justice and Governance (2003) Oryentasyon Hinggil sa Timuay Justice and Governance Quezon City Philippine Peasant Institute

iJ

The Final Report of this research abstract is available at the University Research Center

20

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The University R(~s(~ar(~h (~enter has three service units Sudo-EcOI loll lh Iltc sc UC1I (C I1I~1 (SIIltC) Institutional Resealch al(I I )cwduIlIIc III (11lt1)) IIml HIlIJIBull io (UB)

With its multi-service ullits Ut~ I III lvcs lly Iltl~N( III(1I C C~III( middotmiddot

performs the NDlJ Visioll-Missioll to NIWVC 1111 II CclIlc 1111 I lin meeting and dialogllc~ helw(~c~1I s(h~lIc 1111111111111 IIIltC IIIUlUlulf is to promote the advUlHxmwlI1 or klluwlcclgc 111111 cc VCluIIIIH111 III Central Mindanao alld Ul(~ AIltMM ar~~m~ 11I1CI1l1ol1i C~ Icmiddot VIIIII 1111111111111middot disciplinary approactl(~s Oil isSlws of d UllIgl 111111 c hVCIIII )1I1 C~1I1 ur peoples in this parI of Mir(lalllCl

Slll( ~ SOClo-ECONOMIC RESEARCH CENTER (lIqlql III (UIllbOlllulI VuU( IIMlury u tlon

resea rches on issues of d(wlopnwlIl lo( I HId tloII1I of prlvct and

public agencies instilutione in Ikqinll XII (e (utr1 MludUMO) 1nd the Autonomous Region in Mu~lIm MhIIIIIO (ARMM) rcu Idntlnr d In the East Asean Growth Arc (fAtiA) lJulVIIUII

INSTITUTIONAL RESEARCH

AND DEVELOPMEN

serves as the reSttHeh 1I1 e1 Imlm) rn of th Unlv providing assistance to Unlwl lIy ( 10f II (un

researthes and planning dlvclopl1Unl Jgtl oqrdm for lltIlutiona l development

DATABANKDB ~-~ provides wll(( lion of fu t regions of Mindanao Pll rtJcu llrly till Autonomou

Mindanao (ARMM) Rcqlon XII (( ntr 11Mlndu)

It allows information J((rss dnd trlev1

system with the FederiCO Aquino Intfmcl of N httpwwwnduJapcnclorgurcdb

Notr~fDame Urdversity Cotabato City

Research Monograph No 30

In~igenous Self-Governance Practices

of the Teduray

This Research Monograph Series presents the researches conducted by the University Research Center

Notre Dame University Cotabato City

Page 4: URC_2006_Indigenous Self-Governance Practices of the Teduray

population (Notre Dame University Research Center 2004) These figures constitute roughly 8 of the 662180 total population of Maguindanao Province (ARMM Socioshyeconomic profile 2000)

The same ethnic groups of Ilocanos Ilonggos (Christians) Magindanaons (Muslims) and Tedurays (Indigenous People) predominantly define the Tri-people composition of Upi and Timanan populations Timanan is presently headed by a Teduray mayor who was eventually sworn-in to the position after a much-heated and violent electoral contest in 2002 On the other hand a more peaceful electoral contest finally installed a Teduray mayor in Upi after a long succession of Magindanaon (Muslim) mayors since 1957

Just like the other indigenous groups in Mindanao much of the Teduray geo-political history is kept and transmitted through oral form A few written materials focus on Teduray laws and conflict resolution processes such as those written by Schlegel (1970) But the larger Teduray historical resource remains undocumented Very recently in 2002 a tribal initiative was undertaken to put into writing a brief history and the salient political features of the Timuay Justice and Governance (TGJ) system

I Teduray leaders and elders insist that before the coming of Islam and Christianity in this part of the globe there were 8 original Indigenous People (IP) tribes in South-Central Mindanao that used to practice the Timuay System (sic)1 of governance as mode of socio-political arrangement Those tribes were Subanen Teduray Lambangian (Half Teduray)

J The ternl Timuay System is just a contemporary constructed terminology referring to the traditional political structure pervading the 8 indigenous tribes of central Mindanao befor Islam came to Mindanao

2

Dulangan Manobo TBoli Blaan Bagobo and Arumanen Manuvu In this particular system the Timuay is the recognized leader of the village territory and community Timuay comes from the generic Manobo term timu (to gather) Literally Timuay refers to the person who by all account of social economic and political status gathers the people (Lacson 2005) Today these tribes still appropriate the concept of Timuay as leader

However the Teduray believe that before the introduction of the Sultanate governance system (Islam) around 1450 and the colonial governance system (Christian) around 1565 all indigenous societies in South-Central Mindanao followed the Timuay governance system which was functioning effectively at the level of each individual tribe (TJG 2003) This claim may have strong validity considering that even today the aforementioned groups still refer to the Timuay as main political figure (Alejo 2002 Rodil 1994 amp Lacson 2005) In fact the Timuay system was evolving towards the establishment of a consolidated inter-tribal governance when the introduction of the sultanate system first disrupted the process Subsequent colonial and imperial govemments respectively thwarted the maturing of the Timuay System (TJG 2003)

The Timuay occupies the highest position in the traditional political hierarchy He is always a male In the past such position was not confined to mere politica functions By mode of operation the Timuay was the point of socio-political reference The community always perceived him as an individual set apart for political leadership as prescribed in the Adat (traditional Teduray set of standards of conduct and obligations) There were two bases for becoming Timuay (a) by inheritance (being the eldest son of a Timuay) and (b) being personally chosen by the Timuay In a recent survey of 30 households in Rifao respondents unanimously

3

assert that the most outstanding quality of Timuay is May kakayahang mamuno sa komunidad (ability to lead the people) Communal identity was linked with him whereby peoples geographic and political affiliations were oriented to the Timuay territorial sway of influence or sakuf It is within the same sphere of understanding that the Teduray used to arrange their Fenuwo (villages) and Inged (territories) in the most organic level

In spite of the pre-eminence of his position the Timuay was not the sole figurehead in the Teduray society Traditionally individuals and parties looked up to the Kefedewan for representation during fonnal negotiations of agreements such as marriage and non-violent settlement of disputes He was generally considered the legal authority who together with other Kefedewan comprised a respected group of individuals with the following extraordinary skills (a) strong memory especially of details pertammg to consummated agreements (b) comprehensive knowledge of the fine lines of the Kitab Kaedatan (customs) (c) mastery of the binuwaya (euphemistic) style of speaking (d) persuasive but polite manner of articulation of ideas and (e) consistent display of patience and cool-headedness even during the most heated negotiation process These also serve as criteria for becoming Kefedewan In the present socioshypolitical context the Teduray still apply the same criteria in ch~osing their Kefedewan and still look up to him with the same regard The recent survey in Rifao presents a simpler understanding of those qualities as magaling magsalita (articulate speaker) walang kinakampihan (does not show favoritism) marunong sa batas na katutubo (knowledgeable in customary law) mapasensiya (patient) rnatibay ang memOJya (superb memory)

The tenn Kefedewan is derived from the root wordfedew which means feelings Timuay Alim Bandara the Timuay

Labi (Chief Executive) of the Timuay Justice and Governance explained Ang Kefedewan ay tinaguriang doctor ng fedew Siya ang taga-ayos at nagpapagaling ng nasirang damdarnin ng mga tao (The Kefedewan is the doctor of feelings He cures the hurt feelings of people) He perfonns his noble service through a tiyawan (formal adjudicatory discussion) where he represents individuals and parties in the traditional conflict resolution process By operation the Kefedewan is comparable to an attorney His position is not preordained Just like the ordinary court attorney he gradually develops his skills and builds his name within the Kefedewan trade But unlike the court attorney the Kefedewan also pays tamuk (blood price or fine) for his client in cases where the latter is demanded to pay for a crime or transgression committed A Kefedewan who is always willing to do this is accorded with high regard in the community The reverse action makes a Kefedewan disdainful and untrustworthy in the eyes of his villagemates (Schlegel 1970) Most importantly however the Kefedewan always aims to settle issues on a win-win solution together with other Kefedewan involved in a Tiyawan When on it the Kefedewan keeps at the core of his concerns the attainment of justice which restores good fedew (feelings) in terms of respect for rights and feelings of all people involved Schlegel elaborates

Kefedewan represent a particular person - more accurately a paI1icular person and his kindredshybut they do not contend in the manner of trial lawyers in adversary proceedings They do not try to win for their side Together all Kefedewan participating in a Tiyawan are expected to strive eamestly to achieve a situation where all benal has been recognized where those responsible for the trouble have shythrough their Kefedewan - accepted their

4 5

responsibility and fault and have been properly fined so that all fedew have been made good (fiyo) Kefedewan act much more like a fraternity of judges than like an array of lawyers they are committed as a group to an ultimate respect for just decisions that set every fedew right Among Kefedewan this commitment is an-important (Schlegel 1970 p 61)

A person who trusts his fedew to a particular Kefedewan becomes a sakuf of the later However such relationship is not political in nature The Kefedewan is not bound to the personal interest of his sakuf but to the task of setting all things in good and harmonious state Primarily the Kefedewan has no political power Schlegel explains further

Although the decisions of Kefedewan have authority they cannot be backed by force Legal leaders among the traditional Tiruray are authoritative they are not powerful A decision that someone was at fault and should be fined is made and accepted by men who are completely powerless to force acceptance of any decision They cannot have anyone beaten ostracized imprisoned in any sense or executed (Ibid

1970 p 65)

The arena within which the Kefedewan actualizes his unique function is the Tiyawan - meaning to converse with a singular aim of arriving at a common decision The activity within which this purposive conversation is undertaken is called setiyawan - literally means to adjudicate together These considerations deliver the concept of Tiyawan as a fonn of surface litigation

It is to his Kefedewan that a person reports when heshe wants to forge some formal agreements with other persons Commonly this takes the form of marriage arrangement or conflict resolution process Then the Kefedewan approaches the Kefedewan of the other party (either personally or through a messenger) to set a date for the Tiyawan After which the parties concerned are notified about that very important appointment Within the Tiyawan itself the overall rationale is to adjudicate together

Basically the Kefedewan and Tiyawan are two major components of a synergetic mechanism within the socioshycultural system whose primary function is to halmonize all human transactions within the frame of the Kitab Kaedatan (customary law specifically prioritizing respect)

The Bliyan (or Beliyan) is the clairvoyant medicine person Heshe is not chosen by the people Heshe is endowed with themiddot knowledge and power to communicate with unseen entities As such heshe serves as the primary consultant in the Fenuwo Aside from attending to the maladies of hislher village mates the Bliyan is consulted on mundane matters such as planting hunting harvesting fishing and all ritual activities for thanksgiving cleansing wedding and burial

In summary the traditional Teduray self-governance had the following key conceptselements

1 Governance - Timuay Kefedewan Bliyan 2 People - Sakuf (village-based) 3 Territory - Fenuwo (village) Inged (territory) 4 Sovereignty-Did not mature into federal collectivity

(remained village-bound) 5 Representation - Kefedewan and Tiyawan (villageshy

based) 6

7

Political Ascendancy

Ordinary Teduray folks today know that election is the process of choosing leaders in the present mainstream governance system However they also know that there was a different process in the past Accordingly traditional political ascendancy used to be based on two modes (a) by inheritance and (b) being chosen by the Timuay The Timuay Kefedewan and Bliyen were not voted upon by the people Holders of those positions got these by inheritance by being selected by a leader or a group of leaders and in the case of the Bliyan as supernatural gift Vivid memory and strong belief in the traditional process prompted one Teduray Local Government Official (LGO) to declare confidently that Ang eleksiyon ay hindi naaangkop sa sistema ng Teduray (Election [voting] is not compatible with the Teduray system) Another Timuay said Noong unang panahon walang kasulatan Pagshyuusapan lang ng mga Timuay ang pagpili ng lider dahil hindi nakapag-aral ang mga tao Walang batas na sinusunod na kagaya sa eleksiyon natin ngayon Wala rin kasulatan Ang sinusunod na batayan ay ayon sa galing (In the past there were no written documents The process of choosing a leader was done through Timuay discussions because people were illiterate There was no legal basis to follow Basic criteria were simply based on skills and expertise) They added that Kapag Timuay 0 Kefedewan ka hanggang mamatay ka di ka~ papaliran (When you are a recognized Timuay or Kefedewan you are never replaced until you die) Accordingly the selection was based on traditional qualities ascribed to leaders such as may kakayahang mamuno sa komunidad (ability to lead the community) magaling nwgsalita (articulate speaker) walang kinakampihan (does not show favoritism) marunong sa batas na katutubo (knowledgeable in customary law) may pasensiya (patient) and matibay ang memolya (superb memory) These qualities were major considerations for someone to become leader Or

8

if someone was destined to become a leader by virtue of inheritance he had to develop these same qualities in order to gradually fit into his preordained position FGD participants assert that the Kefedewan ay dapat talaga mahusay magsalita at magaling sa batas ng tribo (the Kefedewan first and foremost must be articulate and expert in customary laws)

Leaders Functions Duties and Responsibilities

Respondents in this study unanimously agree that the main task of traditional leaders in the past was to settle disputes in the village and to implement the Kitab Kaedatan (tribal laws) Accordingly the traditional leaders task was taga-ayos ng mga problema sa komunidacf (settles problems in the community) Specifically the Timuay was looked up as figurehead of the territory to whom people s political affiliation was anchored Nevertheless his relationship to his sakuf was not servile nor feudal in character Except for making sure that their territory was at peace with neighboring territories by maintaining friendly alliances a Timuay was perceived as just another village farmer among his village-mates Such relationship was in harmony with the Teduray egalitarian social character

The Kefedewan and the Tiyawan are the conflict resolution mechanisms of the community These exist and function symbiotically to maintain interpersonal harmony and peace as well as a form of social control to align individual middot and communal behavior with the Kitab Kaedatan (customary laws) Sanctions for misbehavior are finalized in the Tiymvan The whole community enforces the punishment with ostracism as an ultimate punishment

Today Teduray communities still prefer local officials to resolve conflict in the traditional manner especially when the

9

----------------------------------------------

disputants are all Teduray In such cases even Barangay officials recommend that disputes be settled in the manner following tribal customs One major reason for this preference lies in the traditional principle governing conflict resolution wherein parties in disputes are always led to a winshywin settlement with the restoration of peaceful relation as an end product Current Challenges and Opportunities in Teduray Governance t

When the Municipality ofUpi was first established it had a Teduray as its first Mayor After him Moro (Muslim) mayors all from the Sinsuat Clan succeeded to the position one after the other It was only in the last local elections that a Teduray mayor was elected Accordingly the Sinsuats who sat as Mayors were at the same time Datus in the traditional Moro social setup By operation they were traditional Moro Datus who have become mayors in the mainstream governance setup A Key Informant relates Ang mga naging Mayor na Sinsuat ay mga kilalang Datu ng mga Muslim (Moro) Noon pa man bago pa ang mainstream na sistema may dati nang pakikipag-ugnayan ang mga Datu ng Muslim at mga Timuay ng Teduray Ang ganitong ugnayan ay siyang dinala ng mga Sinsuat noong sila ang mga naging mayor ng Upi So ang pagiging Mayor nila sa mainstream na sistema ay sa titulo lang Ngunit sa katotohanan ang sistemang Datu at Timuay pa rin ang pinalakad nita OK rin sa amin yun kasi doon kami sanay at alam namin kung papaano kami magkonekta sa pamunuan Actually kahit sa ngayon sa l pamayanan ng mga Muslim kagaya ng Shariff Aguak ay Datu

system talaga ang patakbo Kaya nga totoo yung sabi nila na sa buong bayan ng Shariff Aguak ay walang eleksiyon Seleksiyon lang kasi ganun talaga sa dating sistema ng Datu at Timuay Dumaan sila sa proseso ng kung saan tinatalaga sila bitang fider at hindi pinagpipilian ng mga tao Yun ang

1 sistemang mahabang panahon naming naisabuhay at

10

talagang naintindihan ng kahit mga ordinaryong mga tao namin

Kaya ngayon kahit na naihalal na bilang Mayor 0

Barangay Chairman ang iba sa amin ang pagtingin ng mga tao namin sa kanila ay kagaya noong dating pagtingin na para sa mga Timuay Sa ngayon Teduray na ang mayor Ang isa sa kahirapan niya ngayon ay di niya ma-duplicate ang ganuong relasyon dahil hindi naman siya Datu Sa isipan ng mga tao ganun pa rin ang pakikitungo Hindi niya kasalanan kung hindi niya matugunan ito Sincere lang siya na gampanan ang dapat niya gampanan sa mainstream system Mahirap lang kasi hindi pa malawak ang pagka-intindi ng mga tao sa mainstream system Sa ngayon hirap na hirap siya kung papaano madiskartehan ang problemang ito Isa pa sa Teduray kasi pantay kami lahat Walang ideya ng constituency Ang mga fider ay tagapagtaguyod lang ng kapakanan ng mga tao Pero maliban doon wala sa amin ang nangingibabaw ang posisyon sa buhay Ito ang naging principal value sa pagtatag ng T JG - pantay-pantay lahat kasama ang mga lider (Members of the Sinsuat clan who became mayors were known Datu of the Moros (Muslims) Even before the establishment of the mainstream system there was already link between the Muslim Datus and Teduray Timuays The same linkage was sustained by the Sinsuats when they sat as mayors of Upi So their being mayors in the mainstream system was simply titular in nature In truth it was the Datu-Timuay linkage they were implementing It was OK for us then because it was the way we had been linking with the leadership Actually even until now among Muslim municipalities like Shariff Aguak it is the Datu system that runs the community affairs That is why there is truth when they say that there is no election in Shariff Aguak There is only selection That was really the way things were done in the Datu and Timuay systems They passed through the process where they were simply appointed

11

--------------------------------------------

and were not voted upon by the people That was the system we lived for a long time and was fully understood by even the most ordinary of our people

That is why today even when somebody has been elected as mayor or barangay chainnan people still perceive of him as Timuay (or Datu) Presently our mayor is a Teduray One of his difficulties lies in his inability to duplicate such kind of relationship because he is not a Datu In peoples minds that was the standard transaction It is not his fault if he could not satisfy such expectation He is sincere in trying to fulfill his responsibilities and duties in the mainstream system Some people could not simply comprehend the mainstream system As of now he is much pressured in finding a strategic approach to this problem Another thing in the Teduray society we understand that we are all equal There is no idea of constituency The leader simply facilitates the concerns of the people Aside from that there is no hierarchical position This is the principal value in the establishment of the TJG shyall are equal including the leader)

One of the questions in the FGD asked Sa ngayon anushyano ang mga nagiging problema ninyo sa pagpili ng inyong fider Papaano ninyo nabibigyan ng solusyon ang mga ito Anu-ano ang inyong mga rekomendasyon upang lalong mapabuti and pamamalakad sa inyong komunidad (At preosent what problems do you encounter pertaining to selection of a leader How do you resolve these What are your recommendations in order to improve the management in your community)

The questions generated two types of answers The tone depended on the socio-political orientation of the participant

Non-LGO (Local Government Officials) participants recognized that Ang eleksiyon ay hindi naaangkop sa sistema ng Tedw-ay (Election [voting] is not compatible with

the Teduray system) In spite of this it is worth noting that many Teduray individuals have held government positions at one time or another On the other side key infonnants confidently expressed Sa akin lang wala naman gaanong problema Ang mga maWt na gulo mga Baglalan at Kefedewan pa rin ang mag-solve Pero ang logging dahil malaki na sa munisipyo na ito dapat dalhin (I think there is no problem at all It is still the Baglalan and Kefedewan who settle small problems Big problems such as the logging operation should be brought to the municipal level)

In view of this general problem they recommend the recognition of the Teduray system of political ascendancy Furthennore the recommendation includes the recognition of the Teduray justice system where a community problem goes through the deliberations of the Kefedewan within the auspices of the Baglalan (title holders) and the Samfeton (council of Kefedewan) before if ever reaching the barangay chainnan They believe this is more effective because Sa mga Kefedewan at mga Timuay inaayos talaga ang problema Napag-uusapan nila ang tamang penalty para maayos ang problema (Problems are really resolved at the level of the Timuay and Kefodewan It is where penalties are justly determined in order to solve the problem)

The positions ofthe Tilnuay Kefedewan and Bfiyan have been effectively sustained and kept alive in the present context in spite of the imposition of the mainstream and dominant Philippine governance system But its traditional socio-political schema has been dramatically altered Todqy the provinces municipalities and barangays with very different area delineation supercede what used to be delineated as Inged (territories) and Fenuwo (villages) relative to adjacent territories of other groups such as the Arumanen the Dulangan and the Magindanaon Consequently the Teduray who now live within this set-up

12 13

possess a mixed perception of the leadership structure Very often ordinary Teduray folks today inter-changeably refer to the Timuay Kefedewan Fagilidan Baglalan Barangay Kapitan and Kagawad as The Leaders However when pressed further about the traditional perception on leaders only the Timuay and Kefedewan surfaced as the prominent generic traditional titles The respondents did not recall of any other leadership titles that have been handed down to their awareness by their ancestors This claim is very evident in the way present Teduray communities operationalize the present leadership set-up Very often the Barangay Kapitan (barangay chairman) and Kagawad (barangay council member) are also positions taken by Timuays or soon-to-be Timuay It is worth noting that elected officials in the municipalities and the barangays dominated by the Teduray population are conferred with the Timuay titles

It has been stressed that the primary problem with the present system of selecting leaders is the palakasan (political patronage) system where a person Kahit hindi qualified basta nakasandal sa malaking politiko ay nagiging lider Hindi nakaka-unite sa tao Hindi tuloy nag-cooperate yung iba Dinadaan sa threats Sa barangay naman kung saan mixed ang grupo ng Teduray at settlers at kung ang lider ay settler nagiging neglected ang Teduray Madalas walang tsansa ang mga TedUlay na manalo sa election May

11

discrimination Madalas kung sino ang may pera ay siya ang panalo sa eleksiyon (Even non-qualified [persons] with big politician backers become leaders But this results in disunity Consequently others refuse to cooperate [with the leadership] Other [leaders] employ threats In the barangay where there is mixed group of Teduray and settlers in which the local official is a settler the Teduray feels neglected Oftentimes the Teduray has no chance of winning the election There is discrimination Oftentimes the one who has the money wins the election)

14

In the present context there is a general comfortable feeling towards local governance because the current chief executive of the municipality is a Teduray However there exists an implied fear that the change of leadership can mean problem to Teduray communities A Key Informant pointed that one obstacle to the satisfaction of Teduray concerns is Kung magbago ang Mayor Ngayon kasi Teduray ang mayor kaya kahit papaano nabibigyan ng halaga ang mga pangangailangan ng Teduray Oras na mapalitan siya ng hindi Teduray sa palagay ko maisasantabi na naman kami (If the mayor is changed As of now the mayor is a Teduray so that Teduray concerns are given attention I believe the moment he is succeeded we will be sidelined again)

In addition Teduray local government officials also pointed the larger problem of non-recognition of the Indigenous Peoples Rights Act of 1997 (IPRA) in the ARMM A Department of Education (DepEd)-ARMM official expressed that one big obstacle to Teduray concerns is Kakulangan ng pagrespeto at pagkUala sa karapatan ng mga katutubo Kakulangan ng pagpapatupad ng batas IPRA sa ARMM (Lack of recognition and respect of IP rights Lack of implementation of the IPRA law within the ARMM)

Among them there is insistence on recogmtIon of traditional laws in the mainstream governance system Kung ako lang isang balakid ang di pagkilala ng gobyerno sa tradisyunal na pamaraan namin Para sa akin mas epektibo talaga para sa amin ang tradisyunal Kaya sana i-recognize naman ng gobyerno ang aming pamaraan Problema rin namin ang logging Sa ngayon nandiyan pa rin sila Pero di namin sUa pinakialaman basta lang huwag sUa pumasok sa aming barangay (In my opinion one of the obstacles is nonshyrecognition of our traditional ways by the government I am convinced that the traditional way is more effective to us I

15 ------~--------------------------------------

wish the government will recognize it Another problem is the logging [operation] Right now they are still in the area but we dont do anything to them as long as they dont encroach into our barangay)

To these interrelated problems they recommend the recognition of the Teduray system stipulated in the Timuay Justice and Governance (TJG) Accordingly it is seen as an opportunity to mainstream Teduray socio-cultural political and economic issues

The Timuay Justice and Governance of 2002

In 1993 the larger Teduray communities in the municipalities of Upi and Timanan including the satellite Teduray communities in Lebak Kalamansig Datu Odin Sinsuat Talayan Shariff Aguak Kulaman and Ezperanza undertook a tribal gathering and formed the Mamalo Descendants Organization (MOO) basically to unite Teduray communities under a common historical theme2

bull They also discussed and brought back memories of the traditional Timuay leadership structure Finally in 2002 they formalized the revival of the traditional leadership structure into the Timuay Justice and Governance (TJG) Timuay Alim Bandara explained that the primary reason for the move was para maibalik sa isipan ng mga tao and dating istruktura (~ to raise peoples awareness about the traditional structure of the Timuay leadership) The leaders explored ways how the Teduray governance could be recognized They drew their ideas from the fact that the Timuay Kefedewan and Bliyan are still very much alive in their collective consciousness

2 Common Teduray and Magindanaon legend tells of brothers Mamalo and Tabunaway Accordingly Tabunaway converted to Islam and became the ancestor of the Magindanaon and other Islamized tribes Mamalo chose to retain his indigenous belief and decided to live in the mountains He became the ancestor of the indigenous tribes including the Teduray

despite the domineering presence of the mainstream governance system And so the collaborative effort to revive the traditional leadership structure was pursued in earnest Their recognized community leaders the elders were illiterate but very wise and their active and educated youths discussed planned and collaborated to draw up the current structural design of the Timuay Justice and Governance Finally they were able to establish the TJG Presently they are advocating and looking for ways to have it recognized in the regional government structure of the AR1v1M

It is through the Mamalo Descendants Organization (MOO) that The Timuay Justice and Governance (TJG) was established in 2002 with the primary aim of strengthening tribal governance and of putting up a governance structure that is interface-ready with the government structure Internally it is structured to facilitate greater community participation in the overall consultation process of governance As explained it embodies the traditional Teduray concept of istruktura ng pamumunuan mga batas polisiya at program a sa pamamahala (leadership structure laws and policies and programs of governance) Its characteristics are founded on the traditional basic principles of close affinity with the natural environment communal ownership collective leadership equality of all human beings Kejiyo Fedew (harmony) and Lumot Minanga (progressive pluralism) It is constituted by the following key structural elements

Timada Limud (tribal congress)

Minted sa 1nged (Council of Chieftains)

1nged Kasarigan (territorial Executive Body)

Fagilidan (supreme justices)

Timuay Labi (Tribal Head Chieftain)

Titay Bleyen (Vice-Tribal chieftain)

___________________________________ 17 16

Ayuno Tulos (secretary) Senrukoy Tulos (Treasurer) (TJG 2002 pp6-11)

Figure 1 Structure of the Timuay Justice and Governance

PROVINCEREGION

I INGED KASARIGAN

rrerritory Executive Body) 1 Timvay Kasadgan 2 Sungku Timuay Kasarigan 3 Mumuuka Inged (territory

Overseer) 4 Faruyaga

Mginged(griculture) 5 FUamallln (organizer) 6 Senrukuy Tulos(finance) 7 Kemem1 Kadatan(spiritu

comrrittee doctor seer) 8 Civil Society Orgt nizaions 9 Seayunon(faison spokesn) 10 Finlilan(Women os group) 11 Mngungud(youth middots group) 12 Diyg Fenuwo(village police)

TIMFADA LlMUD (Tribal Congress)

MINTED SA INGED Administrative

Council of Chieftains

I TimloLabi (Tnbal Head ClUeftain)

2 TI(~BlC)6l(Vic-Tribalchidlain)

J Ayo T las (ony) J Sagtnltk0) TIa (T reasurcr) 5 Miwmb (8)

SELIMUDO FENUWO

Local Council of Chieftains I I

I II Sitio I I SitiD I

KOYORAN (SITIO)

I FAGILIDAN

(Supreme Jus1 ices) IKefedewan

shy

I Fenuwo Executive Body

Tvnggv Kuarigan 2 Svngko Kasarig8n

II Sitio I

Bibliography

Accion Contra EI Hambre (2005) Broken lives fragile dreams A Vulnerability study of five ethnic commumties in Maguindanao and Lanao del Sur Cotabato City ACH

Alejo A E (2000) Generating energies in Mount Apo Cultural politics in a contested environment Quezon City Ateneo de Manila University Press

Convention (No 169) Concerning Indigenous and Tribal Peoples in Independent Countries (September 1991) httpwwwunhchrchlhtmlmenu3b62htm

Datumanong Abubacar M (2005) The Maguindanaon Datus Their role in resolving conflict Unpublished Doctoral Dissertation Notre Dame University Cotabato City

Gowing P amp Mc Amis R (1974) The Muslim Filipinos Manila Solidaridad Publishing House

Hoebel A E (972) Anthropology The study of man New York McGraw - Hill Book Company

Hughes L (2003) The No-Nonsense guide to indigenous peoples Oxford Verso

Lacson RD C (2005) Aromanon Manobo armed conflict experiences strategies UPhilippines

Cultural npublished

coping theses

mechanisms Xavier Unive

and rsity

19

MUNICIPAL

BARANGAY ~ I

Samfeton (Fenuwo Justices)

1 Tvnggu Samfeton 2 Svngko Samfeton

REMFING FENUWO (MUNICIPAL)

Remfong Fenuwo Juces I Remflng F enuwo Kasangan (Kefedewan) l Baglalan J (Admi~isral ive Body)

(Executrve Body) I Tmvy Kasarigan 2Svngku Kanrigan

II Sitio I

I

18

Mastura Michael O (1979) The rulers of Mindanao in modern history 1515-1903 Research Proj ect No 5 Modem Philippine History Program Quezon City Philippine Social Science Council

Mc Kenna T M (1998) Muslim rulers and rebels Manila Anvil Publishing Inc

Rodil B R (1994) The minonttzation of indigenous communities of Mindanao and the Sulu archipelago Davao City Alternate Forum for Research in Mindanao Inc

Schlegel S (1970) Tiruray Justice California Berkley University Press Inc

The World Bank (November 2003) Human development for peace and prosgerity in the Autonomous Region in Muslim Mindanao Pasig City The World Bank

Tilnuay Justice and Governance (2003) Oryentasyon Hinggil sa Timuay Justice and Governance Quezon City Philippine Peasant Institute

iJ

The Final Report of this research abstract is available at the University Research Center

20

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The University R(~s(~ar(~h (~enter has three service units Sudo-EcOI loll lh Iltc sc UC1I (C I1I~1 (SIIltC) Institutional Resealch al(I I )cwduIlIIc III (11lt1)) IIml HIlIJIBull io (UB)

With its multi-service ullits Ut~ I III lvcs lly Iltl~N( III(1I C C~III( middotmiddot

performs the NDlJ Visioll-Missioll to NIWVC 1111 II CclIlc 1111 I lin meeting and dialogllc~ helw(~c~1I s(h~lIc 1111111111111 IIIltC IIIUlUlulf is to promote the advUlHxmwlI1 or klluwlcclgc 111111 cc VCluIIIIH111 III Central Mindanao alld Ul(~ AIltMM ar~~m~ 11I1CI1l1ol1i C~ Icmiddot VIIIII 1111111111111middot disciplinary approactl(~s Oil isSlws of d UllIgl 111111 c hVCIIII )1I1 C~1I1 ur peoples in this parI of Mir(lalllCl

Slll( ~ SOClo-ECONOMIC RESEARCH CENTER (lIqlql III (UIllbOlllulI VuU( IIMlury u tlon

resea rches on issues of d(wlopnwlIl lo( I HId tloII1I of prlvct and

public agencies instilutione in Ikqinll XII (e (utr1 MludUMO) 1nd the Autonomous Region in Mu~lIm MhIIIIIO (ARMM) rcu Idntlnr d In the East Asean Growth Arc (fAtiA) lJulVIIUII

INSTITUTIONAL RESEARCH

AND DEVELOPMEN

serves as the reSttHeh 1I1 e1 Imlm) rn of th Unlv providing assistance to Unlwl lIy ( 10f II (un

researthes and planning dlvclopl1Unl Jgtl oqrdm for lltIlutiona l development

DATABANKDB ~-~ provides wll(( lion of fu t regions of Mindanao Pll rtJcu llrly till Autonomou

Mindanao (ARMM) Rcqlon XII (( ntr 11Mlndu)

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Notr~fDame Urdversity Cotabato City

Research Monograph No 30

In~igenous Self-Governance Practices

of the Teduray

This Research Monograph Series presents the researches conducted by the University Research Center

Notre Dame University Cotabato City

Page 5: URC_2006_Indigenous Self-Governance Practices of the Teduray

assert that the most outstanding quality of Timuay is May kakayahang mamuno sa komunidad (ability to lead the people) Communal identity was linked with him whereby peoples geographic and political affiliations were oriented to the Timuay territorial sway of influence or sakuf It is within the same sphere of understanding that the Teduray used to arrange their Fenuwo (villages) and Inged (territories) in the most organic level

In spite of the pre-eminence of his position the Timuay was not the sole figurehead in the Teduray society Traditionally individuals and parties looked up to the Kefedewan for representation during fonnal negotiations of agreements such as marriage and non-violent settlement of disputes He was generally considered the legal authority who together with other Kefedewan comprised a respected group of individuals with the following extraordinary skills (a) strong memory especially of details pertammg to consummated agreements (b) comprehensive knowledge of the fine lines of the Kitab Kaedatan (customs) (c) mastery of the binuwaya (euphemistic) style of speaking (d) persuasive but polite manner of articulation of ideas and (e) consistent display of patience and cool-headedness even during the most heated negotiation process These also serve as criteria for becoming Kefedewan In the present socioshypolitical context the Teduray still apply the same criteria in ch~osing their Kefedewan and still look up to him with the same regard The recent survey in Rifao presents a simpler understanding of those qualities as magaling magsalita (articulate speaker) walang kinakampihan (does not show favoritism) marunong sa batas na katutubo (knowledgeable in customary law) mapasensiya (patient) rnatibay ang memOJya (superb memory)

The tenn Kefedewan is derived from the root wordfedew which means feelings Timuay Alim Bandara the Timuay

Labi (Chief Executive) of the Timuay Justice and Governance explained Ang Kefedewan ay tinaguriang doctor ng fedew Siya ang taga-ayos at nagpapagaling ng nasirang damdarnin ng mga tao (The Kefedewan is the doctor of feelings He cures the hurt feelings of people) He perfonns his noble service through a tiyawan (formal adjudicatory discussion) where he represents individuals and parties in the traditional conflict resolution process By operation the Kefedewan is comparable to an attorney His position is not preordained Just like the ordinary court attorney he gradually develops his skills and builds his name within the Kefedewan trade But unlike the court attorney the Kefedewan also pays tamuk (blood price or fine) for his client in cases where the latter is demanded to pay for a crime or transgression committed A Kefedewan who is always willing to do this is accorded with high regard in the community The reverse action makes a Kefedewan disdainful and untrustworthy in the eyes of his villagemates (Schlegel 1970) Most importantly however the Kefedewan always aims to settle issues on a win-win solution together with other Kefedewan involved in a Tiyawan When on it the Kefedewan keeps at the core of his concerns the attainment of justice which restores good fedew (feelings) in terms of respect for rights and feelings of all people involved Schlegel elaborates

Kefedewan represent a particular person - more accurately a paI1icular person and his kindredshybut they do not contend in the manner of trial lawyers in adversary proceedings They do not try to win for their side Together all Kefedewan participating in a Tiyawan are expected to strive eamestly to achieve a situation where all benal has been recognized where those responsible for the trouble have shythrough their Kefedewan - accepted their

4 5

responsibility and fault and have been properly fined so that all fedew have been made good (fiyo) Kefedewan act much more like a fraternity of judges than like an array of lawyers they are committed as a group to an ultimate respect for just decisions that set every fedew right Among Kefedewan this commitment is an-important (Schlegel 1970 p 61)

A person who trusts his fedew to a particular Kefedewan becomes a sakuf of the later However such relationship is not political in nature The Kefedewan is not bound to the personal interest of his sakuf but to the task of setting all things in good and harmonious state Primarily the Kefedewan has no political power Schlegel explains further

Although the decisions of Kefedewan have authority they cannot be backed by force Legal leaders among the traditional Tiruray are authoritative they are not powerful A decision that someone was at fault and should be fined is made and accepted by men who are completely powerless to force acceptance of any decision They cannot have anyone beaten ostracized imprisoned in any sense or executed (Ibid

1970 p 65)

The arena within which the Kefedewan actualizes his unique function is the Tiyawan - meaning to converse with a singular aim of arriving at a common decision The activity within which this purposive conversation is undertaken is called setiyawan - literally means to adjudicate together These considerations deliver the concept of Tiyawan as a fonn of surface litigation

It is to his Kefedewan that a person reports when heshe wants to forge some formal agreements with other persons Commonly this takes the form of marriage arrangement or conflict resolution process Then the Kefedewan approaches the Kefedewan of the other party (either personally or through a messenger) to set a date for the Tiyawan After which the parties concerned are notified about that very important appointment Within the Tiyawan itself the overall rationale is to adjudicate together

Basically the Kefedewan and Tiyawan are two major components of a synergetic mechanism within the socioshycultural system whose primary function is to halmonize all human transactions within the frame of the Kitab Kaedatan (customary law specifically prioritizing respect)

The Bliyan (or Beliyan) is the clairvoyant medicine person Heshe is not chosen by the people Heshe is endowed with themiddot knowledge and power to communicate with unseen entities As such heshe serves as the primary consultant in the Fenuwo Aside from attending to the maladies of hislher village mates the Bliyan is consulted on mundane matters such as planting hunting harvesting fishing and all ritual activities for thanksgiving cleansing wedding and burial

In summary the traditional Teduray self-governance had the following key conceptselements

1 Governance - Timuay Kefedewan Bliyan 2 People - Sakuf (village-based) 3 Territory - Fenuwo (village) Inged (territory) 4 Sovereignty-Did not mature into federal collectivity

(remained village-bound) 5 Representation - Kefedewan and Tiyawan (villageshy

based) 6

7

Political Ascendancy

Ordinary Teduray folks today know that election is the process of choosing leaders in the present mainstream governance system However they also know that there was a different process in the past Accordingly traditional political ascendancy used to be based on two modes (a) by inheritance and (b) being chosen by the Timuay The Timuay Kefedewan and Bliyen were not voted upon by the people Holders of those positions got these by inheritance by being selected by a leader or a group of leaders and in the case of the Bliyan as supernatural gift Vivid memory and strong belief in the traditional process prompted one Teduray Local Government Official (LGO) to declare confidently that Ang eleksiyon ay hindi naaangkop sa sistema ng Teduray (Election [voting] is not compatible with the Teduray system) Another Timuay said Noong unang panahon walang kasulatan Pagshyuusapan lang ng mga Timuay ang pagpili ng lider dahil hindi nakapag-aral ang mga tao Walang batas na sinusunod na kagaya sa eleksiyon natin ngayon Wala rin kasulatan Ang sinusunod na batayan ay ayon sa galing (In the past there were no written documents The process of choosing a leader was done through Timuay discussions because people were illiterate There was no legal basis to follow Basic criteria were simply based on skills and expertise) They added that Kapag Timuay 0 Kefedewan ka hanggang mamatay ka di ka~ papaliran (When you are a recognized Timuay or Kefedewan you are never replaced until you die) Accordingly the selection was based on traditional qualities ascribed to leaders such as may kakayahang mamuno sa komunidad (ability to lead the community) magaling nwgsalita (articulate speaker) walang kinakampihan (does not show favoritism) marunong sa batas na katutubo (knowledgeable in customary law) may pasensiya (patient) and matibay ang memolya (superb memory) These qualities were major considerations for someone to become leader Or

8

if someone was destined to become a leader by virtue of inheritance he had to develop these same qualities in order to gradually fit into his preordained position FGD participants assert that the Kefedewan ay dapat talaga mahusay magsalita at magaling sa batas ng tribo (the Kefedewan first and foremost must be articulate and expert in customary laws)

Leaders Functions Duties and Responsibilities

Respondents in this study unanimously agree that the main task of traditional leaders in the past was to settle disputes in the village and to implement the Kitab Kaedatan (tribal laws) Accordingly the traditional leaders task was taga-ayos ng mga problema sa komunidacf (settles problems in the community) Specifically the Timuay was looked up as figurehead of the territory to whom people s political affiliation was anchored Nevertheless his relationship to his sakuf was not servile nor feudal in character Except for making sure that their territory was at peace with neighboring territories by maintaining friendly alliances a Timuay was perceived as just another village farmer among his village-mates Such relationship was in harmony with the Teduray egalitarian social character

The Kefedewan and the Tiyawan are the conflict resolution mechanisms of the community These exist and function symbiotically to maintain interpersonal harmony and peace as well as a form of social control to align individual middot and communal behavior with the Kitab Kaedatan (customary laws) Sanctions for misbehavior are finalized in the Tiymvan The whole community enforces the punishment with ostracism as an ultimate punishment

Today Teduray communities still prefer local officials to resolve conflict in the traditional manner especially when the

9

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disputants are all Teduray In such cases even Barangay officials recommend that disputes be settled in the manner following tribal customs One major reason for this preference lies in the traditional principle governing conflict resolution wherein parties in disputes are always led to a winshywin settlement with the restoration of peaceful relation as an end product Current Challenges and Opportunities in Teduray Governance t

When the Municipality ofUpi was first established it had a Teduray as its first Mayor After him Moro (Muslim) mayors all from the Sinsuat Clan succeeded to the position one after the other It was only in the last local elections that a Teduray mayor was elected Accordingly the Sinsuats who sat as Mayors were at the same time Datus in the traditional Moro social setup By operation they were traditional Moro Datus who have become mayors in the mainstream governance setup A Key Informant relates Ang mga naging Mayor na Sinsuat ay mga kilalang Datu ng mga Muslim (Moro) Noon pa man bago pa ang mainstream na sistema may dati nang pakikipag-ugnayan ang mga Datu ng Muslim at mga Timuay ng Teduray Ang ganitong ugnayan ay siyang dinala ng mga Sinsuat noong sila ang mga naging mayor ng Upi So ang pagiging Mayor nila sa mainstream na sistema ay sa titulo lang Ngunit sa katotohanan ang sistemang Datu at Timuay pa rin ang pinalakad nita OK rin sa amin yun kasi doon kami sanay at alam namin kung papaano kami magkonekta sa pamunuan Actually kahit sa ngayon sa l pamayanan ng mga Muslim kagaya ng Shariff Aguak ay Datu

system talaga ang patakbo Kaya nga totoo yung sabi nila na sa buong bayan ng Shariff Aguak ay walang eleksiyon Seleksiyon lang kasi ganun talaga sa dating sistema ng Datu at Timuay Dumaan sila sa proseso ng kung saan tinatalaga sila bitang fider at hindi pinagpipilian ng mga tao Yun ang

1 sistemang mahabang panahon naming naisabuhay at

10

talagang naintindihan ng kahit mga ordinaryong mga tao namin

Kaya ngayon kahit na naihalal na bilang Mayor 0

Barangay Chairman ang iba sa amin ang pagtingin ng mga tao namin sa kanila ay kagaya noong dating pagtingin na para sa mga Timuay Sa ngayon Teduray na ang mayor Ang isa sa kahirapan niya ngayon ay di niya ma-duplicate ang ganuong relasyon dahil hindi naman siya Datu Sa isipan ng mga tao ganun pa rin ang pakikitungo Hindi niya kasalanan kung hindi niya matugunan ito Sincere lang siya na gampanan ang dapat niya gampanan sa mainstream system Mahirap lang kasi hindi pa malawak ang pagka-intindi ng mga tao sa mainstream system Sa ngayon hirap na hirap siya kung papaano madiskartehan ang problemang ito Isa pa sa Teduray kasi pantay kami lahat Walang ideya ng constituency Ang mga fider ay tagapagtaguyod lang ng kapakanan ng mga tao Pero maliban doon wala sa amin ang nangingibabaw ang posisyon sa buhay Ito ang naging principal value sa pagtatag ng T JG - pantay-pantay lahat kasama ang mga lider (Members of the Sinsuat clan who became mayors were known Datu of the Moros (Muslims) Even before the establishment of the mainstream system there was already link between the Muslim Datus and Teduray Timuays The same linkage was sustained by the Sinsuats when they sat as mayors of Upi So their being mayors in the mainstream system was simply titular in nature In truth it was the Datu-Timuay linkage they were implementing It was OK for us then because it was the way we had been linking with the leadership Actually even until now among Muslim municipalities like Shariff Aguak it is the Datu system that runs the community affairs That is why there is truth when they say that there is no election in Shariff Aguak There is only selection That was really the way things were done in the Datu and Timuay systems They passed through the process where they were simply appointed

11

--------------------------------------------

and were not voted upon by the people That was the system we lived for a long time and was fully understood by even the most ordinary of our people

That is why today even when somebody has been elected as mayor or barangay chainnan people still perceive of him as Timuay (or Datu) Presently our mayor is a Teduray One of his difficulties lies in his inability to duplicate such kind of relationship because he is not a Datu In peoples minds that was the standard transaction It is not his fault if he could not satisfy such expectation He is sincere in trying to fulfill his responsibilities and duties in the mainstream system Some people could not simply comprehend the mainstream system As of now he is much pressured in finding a strategic approach to this problem Another thing in the Teduray society we understand that we are all equal There is no idea of constituency The leader simply facilitates the concerns of the people Aside from that there is no hierarchical position This is the principal value in the establishment of the TJG shyall are equal including the leader)

One of the questions in the FGD asked Sa ngayon anushyano ang mga nagiging problema ninyo sa pagpili ng inyong fider Papaano ninyo nabibigyan ng solusyon ang mga ito Anu-ano ang inyong mga rekomendasyon upang lalong mapabuti and pamamalakad sa inyong komunidad (At preosent what problems do you encounter pertaining to selection of a leader How do you resolve these What are your recommendations in order to improve the management in your community)

The questions generated two types of answers The tone depended on the socio-political orientation of the participant

Non-LGO (Local Government Officials) participants recognized that Ang eleksiyon ay hindi naaangkop sa sistema ng Tedw-ay (Election [voting] is not compatible with

the Teduray system) In spite of this it is worth noting that many Teduray individuals have held government positions at one time or another On the other side key infonnants confidently expressed Sa akin lang wala naman gaanong problema Ang mga maWt na gulo mga Baglalan at Kefedewan pa rin ang mag-solve Pero ang logging dahil malaki na sa munisipyo na ito dapat dalhin (I think there is no problem at all It is still the Baglalan and Kefedewan who settle small problems Big problems such as the logging operation should be brought to the municipal level)

In view of this general problem they recommend the recognition of the Teduray system of political ascendancy Furthennore the recommendation includes the recognition of the Teduray justice system where a community problem goes through the deliberations of the Kefedewan within the auspices of the Baglalan (title holders) and the Samfeton (council of Kefedewan) before if ever reaching the barangay chainnan They believe this is more effective because Sa mga Kefedewan at mga Timuay inaayos talaga ang problema Napag-uusapan nila ang tamang penalty para maayos ang problema (Problems are really resolved at the level of the Timuay and Kefodewan It is where penalties are justly determined in order to solve the problem)

The positions ofthe Tilnuay Kefedewan and Bfiyan have been effectively sustained and kept alive in the present context in spite of the imposition of the mainstream and dominant Philippine governance system But its traditional socio-political schema has been dramatically altered Todqy the provinces municipalities and barangays with very different area delineation supercede what used to be delineated as Inged (territories) and Fenuwo (villages) relative to adjacent territories of other groups such as the Arumanen the Dulangan and the Magindanaon Consequently the Teduray who now live within this set-up

12 13

possess a mixed perception of the leadership structure Very often ordinary Teduray folks today inter-changeably refer to the Timuay Kefedewan Fagilidan Baglalan Barangay Kapitan and Kagawad as The Leaders However when pressed further about the traditional perception on leaders only the Timuay and Kefedewan surfaced as the prominent generic traditional titles The respondents did not recall of any other leadership titles that have been handed down to their awareness by their ancestors This claim is very evident in the way present Teduray communities operationalize the present leadership set-up Very often the Barangay Kapitan (barangay chairman) and Kagawad (barangay council member) are also positions taken by Timuays or soon-to-be Timuay It is worth noting that elected officials in the municipalities and the barangays dominated by the Teduray population are conferred with the Timuay titles

It has been stressed that the primary problem with the present system of selecting leaders is the palakasan (political patronage) system where a person Kahit hindi qualified basta nakasandal sa malaking politiko ay nagiging lider Hindi nakaka-unite sa tao Hindi tuloy nag-cooperate yung iba Dinadaan sa threats Sa barangay naman kung saan mixed ang grupo ng Teduray at settlers at kung ang lider ay settler nagiging neglected ang Teduray Madalas walang tsansa ang mga TedUlay na manalo sa election May

11

discrimination Madalas kung sino ang may pera ay siya ang panalo sa eleksiyon (Even non-qualified [persons] with big politician backers become leaders But this results in disunity Consequently others refuse to cooperate [with the leadership] Other [leaders] employ threats In the barangay where there is mixed group of Teduray and settlers in which the local official is a settler the Teduray feels neglected Oftentimes the Teduray has no chance of winning the election There is discrimination Oftentimes the one who has the money wins the election)

14

In the present context there is a general comfortable feeling towards local governance because the current chief executive of the municipality is a Teduray However there exists an implied fear that the change of leadership can mean problem to Teduray communities A Key Informant pointed that one obstacle to the satisfaction of Teduray concerns is Kung magbago ang Mayor Ngayon kasi Teduray ang mayor kaya kahit papaano nabibigyan ng halaga ang mga pangangailangan ng Teduray Oras na mapalitan siya ng hindi Teduray sa palagay ko maisasantabi na naman kami (If the mayor is changed As of now the mayor is a Teduray so that Teduray concerns are given attention I believe the moment he is succeeded we will be sidelined again)

In addition Teduray local government officials also pointed the larger problem of non-recognition of the Indigenous Peoples Rights Act of 1997 (IPRA) in the ARMM A Department of Education (DepEd)-ARMM official expressed that one big obstacle to Teduray concerns is Kakulangan ng pagrespeto at pagkUala sa karapatan ng mga katutubo Kakulangan ng pagpapatupad ng batas IPRA sa ARMM (Lack of recognition and respect of IP rights Lack of implementation of the IPRA law within the ARMM)

Among them there is insistence on recogmtIon of traditional laws in the mainstream governance system Kung ako lang isang balakid ang di pagkilala ng gobyerno sa tradisyunal na pamaraan namin Para sa akin mas epektibo talaga para sa amin ang tradisyunal Kaya sana i-recognize naman ng gobyerno ang aming pamaraan Problema rin namin ang logging Sa ngayon nandiyan pa rin sila Pero di namin sUa pinakialaman basta lang huwag sUa pumasok sa aming barangay (In my opinion one of the obstacles is nonshyrecognition of our traditional ways by the government I am convinced that the traditional way is more effective to us I

15 ------~--------------------------------------

wish the government will recognize it Another problem is the logging [operation] Right now they are still in the area but we dont do anything to them as long as they dont encroach into our barangay)

To these interrelated problems they recommend the recognition of the Teduray system stipulated in the Timuay Justice and Governance (TJG) Accordingly it is seen as an opportunity to mainstream Teduray socio-cultural political and economic issues

The Timuay Justice and Governance of 2002

In 1993 the larger Teduray communities in the municipalities of Upi and Timanan including the satellite Teduray communities in Lebak Kalamansig Datu Odin Sinsuat Talayan Shariff Aguak Kulaman and Ezperanza undertook a tribal gathering and formed the Mamalo Descendants Organization (MOO) basically to unite Teduray communities under a common historical theme2

bull They also discussed and brought back memories of the traditional Timuay leadership structure Finally in 2002 they formalized the revival of the traditional leadership structure into the Timuay Justice and Governance (TJG) Timuay Alim Bandara explained that the primary reason for the move was para maibalik sa isipan ng mga tao and dating istruktura (~ to raise peoples awareness about the traditional structure of the Timuay leadership) The leaders explored ways how the Teduray governance could be recognized They drew their ideas from the fact that the Timuay Kefedewan and Bliyan are still very much alive in their collective consciousness

2 Common Teduray and Magindanaon legend tells of brothers Mamalo and Tabunaway Accordingly Tabunaway converted to Islam and became the ancestor of the Magindanaon and other Islamized tribes Mamalo chose to retain his indigenous belief and decided to live in the mountains He became the ancestor of the indigenous tribes including the Teduray

despite the domineering presence of the mainstream governance system And so the collaborative effort to revive the traditional leadership structure was pursued in earnest Their recognized community leaders the elders were illiterate but very wise and their active and educated youths discussed planned and collaborated to draw up the current structural design of the Timuay Justice and Governance Finally they were able to establish the TJG Presently they are advocating and looking for ways to have it recognized in the regional government structure of the AR1v1M

It is through the Mamalo Descendants Organization (MOO) that The Timuay Justice and Governance (TJG) was established in 2002 with the primary aim of strengthening tribal governance and of putting up a governance structure that is interface-ready with the government structure Internally it is structured to facilitate greater community participation in the overall consultation process of governance As explained it embodies the traditional Teduray concept of istruktura ng pamumunuan mga batas polisiya at program a sa pamamahala (leadership structure laws and policies and programs of governance) Its characteristics are founded on the traditional basic principles of close affinity with the natural environment communal ownership collective leadership equality of all human beings Kejiyo Fedew (harmony) and Lumot Minanga (progressive pluralism) It is constituted by the following key structural elements

Timada Limud (tribal congress)

Minted sa 1nged (Council of Chieftains)

1nged Kasarigan (territorial Executive Body)

Fagilidan (supreme justices)

Timuay Labi (Tribal Head Chieftain)

Titay Bleyen (Vice-Tribal chieftain)

___________________________________ 17 16

Ayuno Tulos (secretary) Senrukoy Tulos (Treasurer) (TJG 2002 pp6-11)

Figure 1 Structure of the Timuay Justice and Governance

PROVINCEREGION

I INGED KASARIGAN

rrerritory Executive Body) 1 Timvay Kasadgan 2 Sungku Timuay Kasarigan 3 Mumuuka Inged (territory

Overseer) 4 Faruyaga

Mginged(griculture) 5 FUamallln (organizer) 6 Senrukuy Tulos(finance) 7 Kemem1 Kadatan(spiritu

comrrittee doctor seer) 8 Civil Society Orgt nizaions 9 Seayunon(faison spokesn) 10 Finlilan(Women os group) 11 Mngungud(youth middots group) 12 Diyg Fenuwo(village police)

TIMFADA LlMUD (Tribal Congress)

MINTED SA INGED Administrative

Council of Chieftains

I TimloLabi (Tnbal Head ClUeftain)

2 TI(~BlC)6l(Vic-Tribalchidlain)

J Ayo T las (ony) J Sagtnltk0) TIa (T reasurcr) 5 Miwmb (8)

SELIMUDO FENUWO

Local Council of Chieftains I I

I II Sitio I I SitiD I

KOYORAN (SITIO)

I FAGILIDAN

(Supreme Jus1 ices) IKefedewan

shy

I Fenuwo Executive Body

Tvnggv Kuarigan 2 Svngko Kasarig8n

II Sitio I

Bibliography

Accion Contra EI Hambre (2005) Broken lives fragile dreams A Vulnerability study of five ethnic commumties in Maguindanao and Lanao del Sur Cotabato City ACH

Alejo A E (2000) Generating energies in Mount Apo Cultural politics in a contested environment Quezon City Ateneo de Manila University Press

Convention (No 169) Concerning Indigenous and Tribal Peoples in Independent Countries (September 1991) httpwwwunhchrchlhtmlmenu3b62htm

Datumanong Abubacar M (2005) The Maguindanaon Datus Their role in resolving conflict Unpublished Doctoral Dissertation Notre Dame University Cotabato City

Gowing P amp Mc Amis R (1974) The Muslim Filipinos Manila Solidaridad Publishing House

Hoebel A E (972) Anthropology The study of man New York McGraw - Hill Book Company

Hughes L (2003) The No-Nonsense guide to indigenous peoples Oxford Verso

Lacson RD C (2005) Aromanon Manobo armed conflict experiences strategies UPhilippines

Cultural npublished

coping theses

mechanisms Xavier Unive

and rsity

19

MUNICIPAL

BARANGAY ~ I

Samfeton (Fenuwo Justices)

1 Tvnggu Samfeton 2 Svngko Samfeton

REMFING FENUWO (MUNICIPAL)

Remfong Fenuwo Juces I Remflng F enuwo Kasangan (Kefedewan) l Baglalan J (Admi~isral ive Body)

(Executrve Body) I Tmvy Kasarigan 2Svngku Kanrigan

II Sitio I

I

18

Mastura Michael O (1979) The rulers of Mindanao in modern history 1515-1903 Research Proj ect No 5 Modem Philippine History Program Quezon City Philippine Social Science Council

Mc Kenna T M (1998) Muslim rulers and rebels Manila Anvil Publishing Inc

Rodil B R (1994) The minonttzation of indigenous communities of Mindanao and the Sulu archipelago Davao City Alternate Forum for Research in Mindanao Inc

Schlegel S (1970) Tiruray Justice California Berkley University Press Inc

The World Bank (November 2003) Human development for peace and prosgerity in the Autonomous Region in Muslim Mindanao Pasig City The World Bank

Tilnuay Justice and Governance (2003) Oryentasyon Hinggil sa Timuay Justice and Governance Quezon City Philippine Peasant Institute

iJ

The Final Report of this research abstract is available at the University Research Center

20

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The University R(~s(~ar(~h (~enter has three service units Sudo-EcOI loll lh Iltc sc UC1I (C I1I~1 (SIIltC) Institutional Resealch al(I I )cwduIlIIc III (11lt1)) IIml HIlIJIBull io (UB)

With its multi-service ullits Ut~ I III lvcs lly Iltl~N( III(1I C C~III( middotmiddot

performs the NDlJ Visioll-Missioll to NIWVC 1111 II CclIlc 1111 I lin meeting and dialogllc~ helw(~c~1I s(h~lIc 1111111111111 IIIltC IIIUlUlulf is to promote the advUlHxmwlI1 or klluwlcclgc 111111 cc VCluIIIIH111 III Central Mindanao alld Ul(~ AIltMM ar~~m~ 11I1CI1l1ol1i C~ Icmiddot VIIIII 1111111111111middot disciplinary approactl(~s Oil isSlws of d UllIgl 111111 c hVCIIII )1I1 C~1I1 ur peoples in this parI of Mir(lalllCl

Slll( ~ SOClo-ECONOMIC RESEARCH CENTER (lIqlql III (UIllbOlllulI VuU( IIMlury u tlon

resea rches on issues of d(wlopnwlIl lo( I HId tloII1I of prlvct and

public agencies instilutione in Ikqinll XII (e (utr1 MludUMO) 1nd the Autonomous Region in Mu~lIm MhIIIIIO (ARMM) rcu Idntlnr d In the East Asean Growth Arc (fAtiA) lJulVIIUII

INSTITUTIONAL RESEARCH

AND DEVELOPMEN

serves as the reSttHeh 1I1 e1 Imlm) rn of th Unlv providing assistance to Unlwl lIy ( 10f II (un

researthes and planning dlvclopl1Unl Jgtl oqrdm for lltIlutiona l development

DATABANKDB ~-~ provides wll(( lion of fu t regions of Mindanao Pll rtJcu llrly till Autonomou

Mindanao (ARMM) Rcqlon XII (( ntr 11Mlndu)

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Notr~fDame Urdversity Cotabato City

Research Monograph No 30

In~igenous Self-Governance Practices

of the Teduray

This Research Monograph Series presents the researches conducted by the University Research Center

Notre Dame University Cotabato City

Page 6: URC_2006_Indigenous Self-Governance Practices of the Teduray

responsibility and fault and have been properly fined so that all fedew have been made good (fiyo) Kefedewan act much more like a fraternity of judges than like an array of lawyers they are committed as a group to an ultimate respect for just decisions that set every fedew right Among Kefedewan this commitment is an-important (Schlegel 1970 p 61)

A person who trusts his fedew to a particular Kefedewan becomes a sakuf of the later However such relationship is not political in nature The Kefedewan is not bound to the personal interest of his sakuf but to the task of setting all things in good and harmonious state Primarily the Kefedewan has no political power Schlegel explains further

Although the decisions of Kefedewan have authority they cannot be backed by force Legal leaders among the traditional Tiruray are authoritative they are not powerful A decision that someone was at fault and should be fined is made and accepted by men who are completely powerless to force acceptance of any decision They cannot have anyone beaten ostracized imprisoned in any sense or executed (Ibid

1970 p 65)

The arena within which the Kefedewan actualizes his unique function is the Tiyawan - meaning to converse with a singular aim of arriving at a common decision The activity within which this purposive conversation is undertaken is called setiyawan - literally means to adjudicate together These considerations deliver the concept of Tiyawan as a fonn of surface litigation

It is to his Kefedewan that a person reports when heshe wants to forge some formal agreements with other persons Commonly this takes the form of marriage arrangement or conflict resolution process Then the Kefedewan approaches the Kefedewan of the other party (either personally or through a messenger) to set a date for the Tiyawan After which the parties concerned are notified about that very important appointment Within the Tiyawan itself the overall rationale is to adjudicate together

Basically the Kefedewan and Tiyawan are two major components of a synergetic mechanism within the socioshycultural system whose primary function is to halmonize all human transactions within the frame of the Kitab Kaedatan (customary law specifically prioritizing respect)

The Bliyan (or Beliyan) is the clairvoyant medicine person Heshe is not chosen by the people Heshe is endowed with themiddot knowledge and power to communicate with unseen entities As such heshe serves as the primary consultant in the Fenuwo Aside from attending to the maladies of hislher village mates the Bliyan is consulted on mundane matters such as planting hunting harvesting fishing and all ritual activities for thanksgiving cleansing wedding and burial

In summary the traditional Teduray self-governance had the following key conceptselements

1 Governance - Timuay Kefedewan Bliyan 2 People - Sakuf (village-based) 3 Territory - Fenuwo (village) Inged (territory) 4 Sovereignty-Did not mature into federal collectivity

(remained village-bound) 5 Representation - Kefedewan and Tiyawan (villageshy

based) 6

7

Political Ascendancy

Ordinary Teduray folks today know that election is the process of choosing leaders in the present mainstream governance system However they also know that there was a different process in the past Accordingly traditional political ascendancy used to be based on two modes (a) by inheritance and (b) being chosen by the Timuay The Timuay Kefedewan and Bliyen were not voted upon by the people Holders of those positions got these by inheritance by being selected by a leader or a group of leaders and in the case of the Bliyan as supernatural gift Vivid memory and strong belief in the traditional process prompted one Teduray Local Government Official (LGO) to declare confidently that Ang eleksiyon ay hindi naaangkop sa sistema ng Teduray (Election [voting] is not compatible with the Teduray system) Another Timuay said Noong unang panahon walang kasulatan Pagshyuusapan lang ng mga Timuay ang pagpili ng lider dahil hindi nakapag-aral ang mga tao Walang batas na sinusunod na kagaya sa eleksiyon natin ngayon Wala rin kasulatan Ang sinusunod na batayan ay ayon sa galing (In the past there were no written documents The process of choosing a leader was done through Timuay discussions because people were illiterate There was no legal basis to follow Basic criteria were simply based on skills and expertise) They added that Kapag Timuay 0 Kefedewan ka hanggang mamatay ka di ka~ papaliran (When you are a recognized Timuay or Kefedewan you are never replaced until you die) Accordingly the selection was based on traditional qualities ascribed to leaders such as may kakayahang mamuno sa komunidad (ability to lead the community) magaling nwgsalita (articulate speaker) walang kinakampihan (does not show favoritism) marunong sa batas na katutubo (knowledgeable in customary law) may pasensiya (patient) and matibay ang memolya (superb memory) These qualities were major considerations for someone to become leader Or

8

if someone was destined to become a leader by virtue of inheritance he had to develop these same qualities in order to gradually fit into his preordained position FGD participants assert that the Kefedewan ay dapat talaga mahusay magsalita at magaling sa batas ng tribo (the Kefedewan first and foremost must be articulate and expert in customary laws)

Leaders Functions Duties and Responsibilities

Respondents in this study unanimously agree that the main task of traditional leaders in the past was to settle disputes in the village and to implement the Kitab Kaedatan (tribal laws) Accordingly the traditional leaders task was taga-ayos ng mga problema sa komunidacf (settles problems in the community) Specifically the Timuay was looked up as figurehead of the territory to whom people s political affiliation was anchored Nevertheless his relationship to his sakuf was not servile nor feudal in character Except for making sure that their territory was at peace with neighboring territories by maintaining friendly alliances a Timuay was perceived as just another village farmer among his village-mates Such relationship was in harmony with the Teduray egalitarian social character

The Kefedewan and the Tiyawan are the conflict resolution mechanisms of the community These exist and function symbiotically to maintain interpersonal harmony and peace as well as a form of social control to align individual middot and communal behavior with the Kitab Kaedatan (customary laws) Sanctions for misbehavior are finalized in the Tiymvan The whole community enforces the punishment with ostracism as an ultimate punishment

Today Teduray communities still prefer local officials to resolve conflict in the traditional manner especially when the

9

----------------------------------------------

disputants are all Teduray In such cases even Barangay officials recommend that disputes be settled in the manner following tribal customs One major reason for this preference lies in the traditional principle governing conflict resolution wherein parties in disputes are always led to a winshywin settlement with the restoration of peaceful relation as an end product Current Challenges and Opportunities in Teduray Governance t

When the Municipality ofUpi was first established it had a Teduray as its first Mayor After him Moro (Muslim) mayors all from the Sinsuat Clan succeeded to the position one after the other It was only in the last local elections that a Teduray mayor was elected Accordingly the Sinsuats who sat as Mayors were at the same time Datus in the traditional Moro social setup By operation they were traditional Moro Datus who have become mayors in the mainstream governance setup A Key Informant relates Ang mga naging Mayor na Sinsuat ay mga kilalang Datu ng mga Muslim (Moro) Noon pa man bago pa ang mainstream na sistema may dati nang pakikipag-ugnayan ang mga Datu ng Muslim at mga Timuay ng Teduray Ang ganitong ugnayan ay siyang dinala ng mga Sinsuat noong sila ang mga naging mayor ng Upi So ang pagiging Mayor nila sa mainstream na sistema ay sa titulo lang Ngunit sa katotohanan ang sistemang Datu at Timuay pa rin ang pinalakad nita OK rin sa amin yun kasi doon kami sanay at alam namin kung papaano kami magkonekta sa pamunuan Actually kahit sa ngayon sa l pamayanan ng mga Muslim kagaya ng Shariff Aguak ay Datu

system talaga ang patakbo Kaya nga totoo yung sabi nila na sa buong bayan ng Shariff Aguak ay walang eleksiyon Seleksiyon lang kasi ganun talaga sa dating sistema ng Datu at Timuay Dumaan sila sa proseso ng kung saan tinatalaga sila bitang fider at hindi pinagpipilian ng mga tao Yun ang

1 sistemang mahabang panahon naming naisabuhay at

10

talagang naintindihan ng kahit mga ordinaryong mga tao namin

Kaya ngayon kahit na naihalal na bilang Mayor 0

Barangay Chairman ang iba sa amin ang pagtingin ng mga tao namin sa kanila ay kagaya noong dating pagtingin na para sa mga Timuay Sa ngayon Teduray na ang mayor Ang isa sa kahirapan niya ngayon ay di niya ma-duplicate ang ganuong relasyon dahil hindi naman siya Datu Sa isipan ng mga tao ganun pa rin ang pakikitungo Hindi niya kasalanan kung hindi niya matugunan ito Sincere lang siya na gampanan ang dapat niya gampanan sa mainstream system Mahirap lang kasi hindi pa malawak ang pagka-intindi ng mga tao sa mainstream system Sa ngayon hirap na hirap siya kung papaano madiskartehan ang problemang ito Isa pa sa Teduray kasi pantay kami lahat Walang ideya ng constituency Ang mga fider ay tagapagtaguyod lang ng kapakanan ng mga tao Pero maliban doon wala sa amin ang nangingibabaw ang posisyon sa buhay Ito ang naging principal value sa pagtatag ng T JG - pantay-pantay lahat kasama ang mga lider (Members of the Sinsuat clan who became mayors were known Datu of the Moros (Muslims) Even before the establishment of the mainstream system there was already link between the Muslim Datus and Teduray Timuays The same linkage was sustained by the Sinsuats when they sat as mayors of Upi So their being mayors in the mainstream system was simply titular in nature In truth it was the Datu-Timuay linkage they were implementing It was OK for us then because it was the way we had been linking with the leadership Actually even until now among Muslim municipalities like Shariff Aguak it is the Datu system that runs the community affairs That is why there is truth when they say that there is no election in Shariff Aguak There is only selection That was really the way things were done in the Datu and Timuay systems They passed through the process where they were simply appointed

11

--------------------------------------------

and were not voted upon by the people That was the system we lived for a long time and was fully understood by even the most ordinary of our people

That is why today even when somebody has been elected as mayor or barangay chainnan people still perceive of him as Timuay (or Datu) Presently our mayor is a Teduray One of his difficulties lies in his inability to duplicate such kind of relationship because he is not a Datu In peoples minds that was the standard transaction It is not his fault if he could not satisfy such expectation He is sincere in trying to fulfill his responsibilities and duties in the mainstream system Some people could not simply comprehend the mainstream system As of now he is much pressured in finding a strategic approach to this problem Another thing in the Teduray society we understand that we are all equal There is no idea of constituency The leader simply facilitates the concerns of the people Aside from that there is no hierarchical position This is the principal value in the establishment of the TJG shyall are equal including the leader)

One of the questions in the FGD asked Sa ngayon anushyano ang mga nagiging problema ninyo sa pagpili ng inyong fider Papaano ninyo nabibigyan ng solusyon ang mga ito Anu-ano ang inyong mga rekomendasyon upang lalong mapabuti and pamamalakad sa inyong komunidad (At preosent what problems do you encounter pertaining to selection of a leader How do you resolve these What are your recommendations in order to improve the management in your community)

The questions generated two types of answers The tone depended on the socio-political orientation of the participant

Non-LGO (Local Government Officials) participants recognized that Ang eleksiyon ay hindi naaangkop sa sistema ng Tedw-ay (Election [voting] is not compatible with

the Teduray system) In spite of this it is worth noting that many Teduray individuals have held government positions at one time or another On the other side key infonnants confidently expressed Sa akin lang wala naman gaanong problema Ang mga maWt na gulo mga Baglalan at Kefedewan pa rin ang mag-solve Pero ang logging dahil malaki na sa munisipyo na ito dapat dalhin (I think there is no problem at all It is still the Baglalan and Kefedewan who settle small problems Big problems such as the logging operation should be brought to the municipal level)

In view of this general problem they recommend the recognition of the Teduray system of political ascendancy Furthennore the recommendation includes the recognition of the Teduray justice system where a community problem goes through the deliberations of the Kefedewan within the auspices of the Baglalan (title holders) and the Samfeton (council of Kefedewan) before if ever reaching the barangay chainnan They believe this is more effective because Sa mga Kefedewan at mga Timuay inaayos talaga ang problema Napag-uusapan nila ang tamang penalty para maayos ang problema (Problems are really resolved at the level of the Timuay and Kefodewan It is where penalties are justly determined in order to solve the problem)

The positions ofthe Tilnuay Kefedewan and Bfiyan have been effectively sustained and kept alive in the present context in spite of the imposition of the mainstream and dominant Philippine governance system But its traditional socio-political schema has been dramatically altered Todqy the provinces municipalities and barangays with very different area delineation supercede what used to be delineated as Inged (territories) and Fenuwo (villages) relative to adjacent territories of other groups such as the Arumanen the Dulangan and the Magindanaon Consequently the Teduray who now live within this set-up

12 13

possess a mixed perception of the leadership structure Very often ordinary Teduray folks today inter-changeably refer to the Timuay Kefedewan Fagilidan Baglalan Barangay Kapitan and Kagawad as The Leaders However when pressed further about the traditional perception on leaders only the Timuay and Kefedewan surfaced as the prominent generic traditional titles The respondents did not recall of any other leadership titles that have been handed down to their awareness by their ancestors This claim is very evident in the way present Teduray communities operationalize the present leadership set-up Very often the Barangay Kapitan (barangay chairman) and Kagawad (barangay council member) are also positions taken by Timuays or soon-to-be Timuay It is worth noting that elected officials in the municipalities and the barangays dominated by the Teduray population are conferred with the Timuay titles

It has been stressed that the primary problem with the present system of selecting leaders is the palakasan (political patronage) system where a person Kahit hindi qualified basta nakasandal sa malaking politiko ay nagiging lider Hindi nakaka-unite sa tao Hindi tuloy nag-cooperate yung iba Dinadaan sa threats Sa barangay naman kung saan mixed ang grupo ng Teduray at settlers at kung ang lider ay settler nagiging neglected ang Teduray Madalas walang tsansa ang mga TedUlay na manalo sa election May

11

discrimination Madalas kung sino ang may pera ay siya ang panalo sa eleksiyon (Even non-qualified [persons] with big politician backers become leaders But this results in disunity Consequently others refuse to cooperate [with the leadership] Other [leaders] employ threats In the barangay where there is mixed group of Teduray and settlers in which the local official is a settler the Teduray feels neglected Oftentimes the Teduray has no chance of winning the election There is discrimination Oftentimes the one who has the money wins the election)

14

In the present context there is a general comfortable feeling towards local governance because the current chief executive of the municipality is a Teduray However there exists an implied fear that the change of leadership can mean problem to Teduray communities A Key Informant pointed that one obstacle to the satisfaction of Teduray concerns is Kung magbago ang Mayor Ngayon kasi Teduray ang mayor kaya kahit papaano nabibigyan ng halaga ang mga pangangailangan ng Teduray Oras na mapalitan siya ng hindi Teduray sa palagay ko maisasantabi na naman kami (If the mayor is changed As of now the mayor is a Teduray so that Teduray concerns are given attention I believe the moment he is succeeded we will be sidelined again)

In addition Teduray local government officials also pointed the larger problem of non-recognition of the Indigenous Peoples Rights Act of 1997 (IPRA) in the ARMM A Department of Education (DepEd)-ARMM official expressed that one big obstacle to Teduray concerns is Kakulangan ng pagrespeto at pagkUala sa karapatan ng mga katutubo Kakulangan ng pagpapatupad ng batas IPRA sa ARMM (Lack of recognition and respect of IP rights Lack of implementation of the IPRA law within the ARMM)

Among them there is insistence on recogmtIon of traditional laws in the mainstream governance system Kung ako lang isang balakid ang di pagkilala ng gobyerno sa tradisyunal na pamaraan namin Para sa akin mas epektibo talaga para sa amin ang tradisyunal Kaya sana i-recognize naman ng gobyerno ang aming pamaraan Problema rin namin ang logging Sa ngayon nandiyan pa rin sila Pero di namin sUa pinakialaman basta lang huwag sUa pumasok sa aming barangay (In my opinion one of the obstacles is nonshyrecognition of our traditional ways by the government I am convinced that the traditional way is more effective to us I

15 ------~--------------------------------------

wish the government will recognize it Another problem is the logging [operation] Right now they are still in the area but we dont do anything to them as long as they dont encroach into our barangay)

To these interrelated problems they recommend the recognition of the Teduray system stipulated in the Timuay Justice and Governance (TJG) Accordingly it is seen as an opportunity to mainstream Teduray socio-cultural political and economic issues

The Timuay Justice and Governance of 2002

In 1993 the larger Teduray communities in the municipalities of Upi and Timanan including the satellite Teduray communities in Lebak Kalamansig Datu Odin Sinsuat Talayan Shariff Aguak Kulaman and Ezperanza undertook a tribal gathering and formed the Mamalo Descendants Organization (MOO) basically to unite Teduray communities under a common historical theme2

bull They also discussed and brought back memories of the traditional Timuay leadership structure Finally in 2002 they formalized the revival of the traditional leadership structure into the Timuay Justice and Governance (TJG) Timuay Alim Bandara explained that the primary reason for the move was para maibalik sa isipan ng mga tao and dating istruktura (~ to raise peoples awareness about the traditional structure of the Timuay leadership) The leaders explored ways how the Teduray governance could be recognized They drew their ideas from the fact that the Timuay Kefedewan and Bliyan are still very much alive in their collective consciousness

2 Common Teduray and Magindanaon legend tells of brothers Mamalo and Tabunaway Accordingly Tabunaway converted to Islam and became the ancestor of the Magindanaon and other Islamized tribes Mamalo chose to retain his indigenous belief and decided to live in the mountains He became the ancestor of the indigenous tribes including the Teduray

despite the domineering presence of the mainstream governance system And so the collaborative effort to revive the traditional leadership structure was pursued in earnest Their recognized community leaders the elders were illiterate but very wise and their active and educated youths discussed planned and collaborated to draw up the current structural design of the Timuay Justice and Governance Finally they were able to establish the TJG Presently they are advocating and looking for ways to have it recognized in the regional government structure of the AR1v1M

It is through the Mamalo Descendants Organization (MOO) that The Timuay Justice and Governance (TJG) was established in 2002 with the primary aim of strengthening tribal governance and of putting up a governance structure that is interface-ready with the government structure Internally it is structured to facilitate greater community participation in the overall consultation process of governance As explained it embodies the traditional Teduray concept of istruktura ng pamumunuan mga batas polisiya at program a sa pamamahala (leadership structure laws and policies and programs of governance) Its characteristics are founded on the traditional basic principles of close affinity with the natural environment communal ownership collective leadership equality of all human beings Kejiyo Fedew (harmony) and Lumot Minanga (progressive pluralism) It is constituted by the following key structural elements

Timada Limud (tribal congress)

Minted sa 1nged (Council of Chieftains)

1nged Kasarigan (territorial Executive Body)

Fagilidan (supreme justices)

Timuay Labi (Tribal Head Chieftain)

Titay Bleyen (Vice-Tribal chieftain)

___________________________________ 17 16

Ayuno Tulos (secretary) Senrukoy Tulos (Treasurer) (TJG 2002 pp6-11)

Figure 1 Structure of the Timuay Justice and Governance

PROVINCEREGION

I INGED KASARIGAN

rrerritory Executive Body) 1 Timvay Kasadgan 2 Sungku Timuay Kasarigan 3 Mumuuka Inged (territory

Overseer) 4 Faruyaga

Mginged(griculture) 5 FUamallln (organizer) 6 Senrukuy Tulos(finance) 7 Kemem1 Kadatan(spiritu

comrrittee doctor seer) 8 Civil Society Orgt nizaions 9 Seayunon(faison spokesn) 10 Finlilan(Women os group) 11 Mngungud(youth middots group) 12 Diyg Fenuwo(village police)

TIMFADA LlMUD (Tribal Congress)

MINTED SA INGED Administrative

Council of Chieftains

I TimloLabi (Tnbal Head ClUeftain)

2 TI(~BlC)6l(Vic-Tribalchidlain)

J Ayo T las (ony) J Sagtnltk0) TIa (T reasurcr) 5 Miwmb (8)

SELIMUDO FENUWO

Local Council of Chieftains I I

I II Sitio I I SitiD I

KOYORAN (SITIO)

I FAGILIDAN

(Supreme Jus1 ices) IKefedewan

shy

I Fenuwo Executive Body

Tvnggv Kuarigan 2 Svngko Kasarig8n

II Sitio I

Bibliography

Accion Contra EI Hambre (2005) Broken lives fragile dreams A Vulnerability study of five ethnic commumties in Maguindanao and Lanao del Sur Cotabato City ACH

Alejo A E (2000) Generating energies in Mount Apo Cultural politics in a contested environment Quezon City Ateneo de Manila University Press

Convention (No 169) Concerning Indigenous and Tribal Peoples in Independent Countries (September 1991) httpwwwunhchrchlhtmlmenu3b62htm

Datumanong Abubacar M (2005) The Maguindanaon Datus Their role in resolving conflict Unpublished Doctoral Dissertation Notre Dame University Cotabato City

Gowing P amp Mc Amis R (1974) The Muslim Filipinos Manila Solidaridad Publishing House

Hoebel A E (972) Anthropology The study of man New York McGraw - Hill Book Company

Hughes L (2003) The No-Nonsense guide to indigenous peoples Oxford Verso

Lacson RD C (2005) Aromanon Manobo armed conflict experiences strategies UPhilippines

Cultural npublished

coping theses

mechanisms Xavier Unive

and rsity

19

MUNICIPAL

BARANGAY ~ I

Samfeton (Fenuwo Justices)

1 Tvnggu Samfeton 2 Svngko Samfeton

REMFING FENUWO (MUNICIPAL)

Remfong Fenuwo Juces I Remflng F enuwo Kasangan (Kefedewan) l Baglalan J (Admi~isral ive Body)

(Executrve Body) I Tmvy Kasarigan 2Svngku Kanrigan

II Sitio I

I

18

Mastura Michael O (1979) The rulers of Mindanao in modern history 1515-1903 Research Proj ect No 5 Modem Philippine History Program Quezon City Philippine Social Science Council

Mc Kenna T M (1998) Muslim rulers and rebels Manila Anvil Publishing Inc

Rodil B R (1994) The minonttzation of indigenous communities of Mindanao and the Sulu archipelago Davao City Alternate Forum for Research in Mindanao Inc

Schlegel S (1970) Tiruray Justice California Berkley University Press Inc

The World Bank (November 2003) Human development for peace and prosgerity in the Autonomous Region in Muslim Mindanao Pasig City The World Bank

Tilnuay Justice and Governance (2003) Oryentasyon Hinggil sa Timuay Justice and Governance Quezon City Philippine Peasant Institute

iJ

The Final Report of this research abstract is available at the University Research Center

20

-- -

The University R(~s(~ar(~h (~enter has three service units Sudo-EcOI loll lh Iltc sc UC1I (C I1I~1 (SIIltC) Institutional Resealch al(I I )cwduIlIIc III (11lt1)) IIml HIlIJIBull io (UB)

With its multi-service ullits Ut~ I III lvcs lly Iltl~N( III(1I C C~III( middotmiddot

performs the NDlJ Visioll-Missioll to NIWVC 1111 II CclIlc 1111 I lin meeting and dialogllc~ helw(~c~1I s(h~lIc 1111111111111 IIIltC IIIUlUlulf is to promote the advUlHxmwlI1 or klluwlcclgc 111111 cc VCluIIIIH111 III Central Mindanao alld Ul(~ AIltMM ar~~m~ 11I1CI1l1ol1i C~ Icmiddot VIIIII 1111111111111middot disciplinary approactl(~s Oil isSlws of d UllIgl 111111 c hVCIIII )1I1 C~1I1 ur peoples in this parI of Mir(lalllCl

Slll( ~ SOClo-ECONOMIC RESEARCH CENTER (lIqlql III (UIllbOlllulI VuU( IIMlury u tlon

resea rches on issues of d(wlopnwlIl lo( I HId tloII1I of prlvct and

public agencies instilutione in Ikqinll XII (e (utr1 MludUMO) 1nd the Autonomous Region in Mu~lIm MhIIIIIO (ARMM) rcu Idntlnr d In the East Asean Growth Arc (fAtiA) lJulVIIUII

INSTITUTIONAL RESEARCH

AND DEVELOPMEN

serves as the reSttHeh 1I1 e1 Imlm) rn of th Unlv providing assistance to Unlwl lIy ( 10f II (un

researthes and planning dlvclopl1Unl Jgtl oqrdm for lltIlutiona l development

DATABANKDB ~-~ provides wll(( lion of fu t regions of Mindanao Pll rtJcu llrly till Autonomou

Mindanao (ARMM) Rcqlon XII (( ntr 11Mlndu)

It allows information J((rss dnd trlev1

system with the FederiCO Aquino Intfmcl of N httpwwwnduJapcnclorgurcdb

Notr~fDame Urdversity Cotabato City

Research Monograph No 30

In~igenous Self-Governance Practices

of the Teduray

This Research Monograph Series presents the researches conducted by the University Research Center

Notre Dame University Cotabato City

Page 7: URC_2006_Indigenous Self-Governance Practices of the Teduray

Political Ascendancy

Ordinary Teduray folks today know that election is the process of choosing leaders in the present mainstream governance system However they also know that there was a different process in the past Accordingly traditional political ascendancy used to be based on two modes (a) by inheritance and (b) being chosen by the Timuay The Timuay Kefedewan and Bliyen were not voted upon by the people Holders of those positions got these by inheritance by being selected by a leader or a group of leaders and in the case of the Bliyan as supernatural gift Vivid memory and strong belief in the traditional process prompted one Teduray Local Government Official (LGO) to declare confidently that Ang eleksiyon ay hindi naaangkop sa sistema ng Teduray (Election [voting] is not compatible with the Teduray system) Another Timuay said Noong unang panahon walang kasulatan Pagshyuusapan lang ng mga Timuay ang pagpili ng lider dahil hindi nakapag-aral ang mga tao Walang batas na sinusunod na kagaya sa eleksiyon natin ngayon Wala rin kasulatan Ang sinusunod na batayan ay ayon sa galing (In the past there were no written documents The process of choosing a leader was done through Timuay discussions because people were illiterate There was no legal basis to follow Basic criteria were simply based on skills and expertise) They added that Kapag Timuay 0 Kefedewan ka hanggang mamatay ka di ka~ papaliran (When you are a recognized Timuay or Kefedewan you are never replaced until you die) Accordingly the selection was based on traditional qualities ascribed to leaders such as may kakayahang mamuno sa komunidad (ability to lead the community) magaling nwgsalita (articulate speaker) walang kinakampihan (does not show favoritism) marunong sa batas na katutubo (knowledgeable in customary law) may pasensiya (patient) and matibay ang memolya (superb memory) These qualities were major considerations for someone to become leader Or

8

if someone was destined to become a leader by virtue of inheritance he had to develop these same qualities in order to gradually fit into his preordained position FGD participants assert that the Kefedewan ay dapat talaga mahusay magsalita at magaling sa batas ng tribo (the Kefedewan first and foremost must be articulate and expert in customary laws)

Leaders Functions Duties and Responsibilities

Respondents in this study unanimously agree that the main task of traditional leaders in the past was to settle disputes in the village and to implement the Kitab Kaedatan (tribal laws) Accordingly the traditional leaders task was taga-ayos ng mga problema sa komunidacf (settles problems in the community) Specifically the Timuay was looked up as figurehead of the territory to whom people s political affiliation was anchored Nevertheless his relationship to his sakuf was not servile nor feudal in character Except for making sure that their territory was at peace with neighboring territories by maintaining friendly alliances a Timuay was perceived as just another village farmer among his village-mates Such relationship was in harmony with the Teduray egalitarian social character

The Kefedewan and the Tiyawan are the conflict resolution mechanisms of the community These exist and function symbiotically to maintain interpersonal harmony and peace as well as a form of social control to align individual middot and communal behavior with the Kitab Kaedatan (customary laws) Sanctions for misbehavior are finalized in the Tiymvan The whole community enforces the punishment with ostracism as an ultimate punishment

Today Teduray communities still prefer local officials to resolve conflict in the traditional manner especially when the

9

----------------------------------------------

disputants are all Teduray In such cases even Barangay officials recommend that disputes be settled in the manner following tribal customs One major reason for this preference lies in the traditional principle governing conflict resolution wherein parties in disputes are always led to a winshywin settlement with the restoration of peaceful relation as an end product Current Challenges and Opportunities in Teduray Governance t

When the Municipality ofUpi was first established it had a Teduray as its first Mayor After him Moro (Muslim) mayors all from the Sinsuat Clan succeeded to the position one after the other It was only in the last local elections that a Teduray mayor was elected Accordingly the Sinsuats who sat as Mayors were at the same time Datus in the traditional Moro social setup By operation they were traditional Moro Datus who have become mayors in the mainstream governance setup A Key Informant relates Ang mga naging Mayor na Sinsuat ay mga kilalang Datu ng mga Muslim (Moro) Noon pa man bago pa ang mainstream na sistema may dati nang pakikipag-ugnayan ang mga Datu ng Muslim at mga Timuay ng Teduray Ang ganitong ugnayan ay siyang dinala ng mga Sinsuat noong sila ang mga naging mayor ng Upi So ang pagiging Mayor nila sa mainstream na sistema ay sa titulo lang Ngunit sa katotohanan ang sistemang Datu at Timuay pa rin ang pinalakad nita OK rin sa amin yun kasi doon kami sanay at alam namin kung papaano kami magkonekta sa pamunuan Actually kahit sa ngayon sa l pamayanan ng mga Muslim kagaya ng Shariff Aguak ay Datu

system talaga ang patakbo Kaya nga totoo yung sabi nila na sa buong bayan ng Shariff Aguak ay walang eleksiyon Seleksiyon lang kasi ganun talaga sa dating sistema ng Datu at Timuay Dumaan sila sa proseso ng kung saan tinatalaga sila bitang fider at hindi pinagpipilian ng mga tao Yun ang

1 sistemang mahabang panahon naming naisabuhay at

10

talagang naintindihan ng kahit mga ordinaryong mga tao namin

Kaya ngayon kahit na naihalal na bilang Mayor 0

Barangay Chairman ang iba sa amin ang pagtingin ng mga tao namin sa kanila ay kagaya noong dating pagtingin na para sa mga Timuay Sa ngayon Teduray na ang mayor Ang isa sa kahirapan niya ngayon ay di niya ma-duplicate ang ganuong relasyon dahil hindi naman siya Datu Sa isipan ng mga tao ganun pa rin ang pakikitungo Hindi niya kasalanan kung hindi niya matugunan ito Sincere lang siya na gampanan ang dapat niya gampanan sa mainstream system Mahirap lang kasi hindi pa malawak ang pagka-intindi ng mga tao sa mainstream system Sa ngayon hirap na hirap siya kung papaano madiskartehan ang problemang ito Isa pa sa Teduray kasi pantay kami lahat Walang ideya ng constituency Ang mga fider ay tagapagtaguyod lang ng kapakanan ng mga tao Pero maliban doon wala sa amin ang nangingibabaw ang posisyon sa buhay Ito ang naging principal value sa pagtatag ng T JG - pantay-pantay lahat kasama ang mga lider (Members of the Sinsuat clan who became mayors were known Datu of the Moros (Muslims) Even before the establishment of the mainstream system there was already link between the Muslim Datus and Teduray Timuays The same linkage was sustained by the Sinsuats when they sat as mayors of Upi So their being mayors in the mainstream system was simply titular in nature In truth it was the Datu-Timuay linkage they were implementing It was OK for us then because it was the way we had been linking with the leadership Actually even until now among Muslim municipalities like Shariff Aguak it is the Datu system that runs the community affairs That is why there is truth when they say that there is no election in Shariff Aguak There is only selection That was really the way things were done in the Datu and Timuay systems They passed through the process where they were simply appointed

11

--------------------------------------------

and were not voted upon by the people That was the system we lived for a long time and was fully understood by even the most ordinary of our people

That is why today even when somebody has been elected as mayor or barangay chainnan people still perceive of him as Timuay (or Datu) Presently our mayor is a Teduray One of his difficulties lies in his inability to duplicate such kind of relationship because he is not a Datu In peoples minds that was the standard transaction It is not his fault if he could not satisfy such expectation He is sincere in trying to fulfill his responsibilities and duties in the mainstream system Some people could not simply comprehend the mainstream system As of now he is much pressured in finding a strategic approach to this problem Another thing in the Teduray society we understand that we are all equal There is no idea of constituency The leader simply facilitates the concerns of the people Aside from that there is no hierarchical position This is the principal value in the establishment of the TJG shyall are equal including the leader)

One of the questions in the FGD asked Sa ngayon anushyano ang mga nagiging problema ninyo sa pagpili ng inyong fider Papaano ninyo nabibigyan ng solusyon ang mga ito Anu-ano ang inyong mga rekomendasyon upang lalong mapabuti and pamamalakad sa inyong komunidad (At preosent what problems do you encounter pertaining to selection of a leader How do you resolve these What are your recommendations in order to improve the management in your community)

The questions generated two types of answers The tone depended on the socio-political orientation of the participant

Non-LGO (Local Government Officials) participants recognized that Ang eleksiyon ay hindi naaangkop sa sistema ng Tedw-ay (Election [voting] is not compatible with

the Teduray system) In spite of this it is worth noting that many Teduray individuals have held government positions at one time or another On the other side key infonnants confidently expressed Sa akin lang wala naman gaanong problema Ang mga maWt na gulo mga Baglalan at Kefedewan pa rin ang mag-solve Pero ang logging dahil malaki na sa munisipyo na ito dapat dalhin (I think there is no problem at all It is still the Baglalan and Kefedewan who settle small problems Big problems such as the logging operation should be brought to the municipal level)

In view of this general problem they recommend the recognition of the Teduray system of political ascendancy Furthennore the recommendation includes the recognition of the Teduray justice system where a community problem goes through the deliberations of the Kefedewan within the auspices of the Baglalan (title holders) and the Samfeton (council of Kefedewan) before if ever reaching the barangay chainnan They believe this is more effective because Sa mga Kefedewan at mga Timuay inaayos talaga ang problema Napag-uusapan nila ang tamang penalty para maayos ang problema (Problems are really resolved at the level of the Timuay and Kefodewan It is where penalties are justly determined in order to solve the problem)

The positions ofthe Tilnuay Kefedewan and Bfiyan have been effectively sustained and kept alive in the present context in spite of the imposition of the mainstream and dominant Philippine governance system But its traditional socio-political schema has been dramatically altered Todqy the provinces municipalities and barangays with very different area delineation supercede what used to be delineated as Inged (territories) and Fenuwo (villages) relative to adjacent territories of other groups such as the Arumanen the Dulangan and the Magindanaon Consequently the Teduray who now live within this set-up

12 13

possess a mixed perception of the leadership structure Very often ordinary Teduray folks today inter-changeably refer to the Timuay Kefedewan Fagilidan Baglalan Barangay Kapitan and Kagawad as The Leaders However when pressed further about the traditional perception on leaders only the Timuay and Kefedewan surfaced as the prominent generic traditional titles The respondents did not recall of any other leadership titles that have been handed down to their awareness by their ancestors This claim is very evident in the way present Teduray communities operationalize the present leadership set-up Very often the Barangay Kapitan (barangay chairman) and Kagawad (barangay council member) are also positions taken by Timuays or soon-to-be Timuay It is worth noting that elected officials in the municipalities and the barangays dominated by the Teduray population are conferred with the Timuay titles

It has been stressed that the primary problem with the present system of selecting leaders is the palakasan (political patronage) system where a person Kahit hindi qualified basta nakasandal sa malaking politiko ay nagiging lider Hindi nakaka-unite sa tao Hindi tuloy nag-cooperate yung iba Dinadaan sa threats Sa barangay naman kung saan mixed ang grupo ng Teduray at settlers at kung ang lider ay settler nagiging neglected ang Teduray Madalas walang tsansa ang mga TedUlay na manalo sa election May

11

discrimination Madalas kung sino ang may pera ay siya ang panalo sa eleksiyon (Even non-qualified [persons] with big politician backers become leaders But this results in disunity Consequently others refuse to cooperate [with the leadership] Other [leaders] employ threats In the barangay where there is mixed group of Teduray and settlers in which the local official is a settler the Teduray feels neglected Oftentimes the Teduray has no chance of winning the election There is discrimination Oftentimes the one who has the money wins the election)

14

In the present context there is a general comfortable feeling towards local governance because the current chief executive of the municipality is a Teduray However there exists an implied fear that the change of leadership can mean problem to Teduray communities A Key Informant pointed that one obstacle to the satisfaction of Teduray concerns is Kung magbago ang Mayor Ngayon kasi Teduray ang mayor kaya kahit papaano nabibigyan ng halaga ang mga pangangailangan ng Teduray Oras na mapalitan siya ng hindi Teduray sa palagay ko maisasantabi na naman kami (If the mayor is changed As of now the mayor is a Teduray so that Teduray concerns are given attention I believe the moment he is succeeded we will be sidelined again)

In addition Teduray local government officials also pointed the larger problem of non-recognition of the Indigenous Peoples Rights Act of 1997 (IPRA) in the ARMM A Department of Education (DepEd)-ARMM official expressed that one big obstacle to Teduray concerns is Kakulangan ng pagrespeto at pagkUala sa karapatan ng mga katutubo Kakulangan ng pagpapatupad ng batas IPRA sa ARMM (Lack of recognition and respect of IP rights Lack of implementation of the IPRA law within the ARMM)

Among them there is insistence on recogmtIon of traditional laws in the mainstream governance system Kung ako lang isang balakid ang di pagkilala ng gobyerno sa tradisyunal na pamaraan namin Para sa akin mas epektibo talaga para sa amin ang tradisyunal Kaya sana i-recognize naman ng gobyerno ang aming pamaraan Problema rin namin ang logging Sa ngayon nandiyan pa rin sila Pero di namin sUa pinakialaman basta lang huwag sUa pumasok sa aming barangay (In my opinion one of the obstacles is nonshyrecognition of our traditional ways by the government I am convinced that the traditional way is more effective to us I

15 ------~--------------------------------------

wish the government will recognize it Another problem is the logging [operation] Right now they are still in the area but we dont do anything to them as long as they dont encroach into our barangay)

To these interrelated problems they recommend the recognition of the Teduray system stipulated in the Timuay Justice and Governance (TJG) Accordingly it is seen as an opportunity to mainstream Teduray socio-cultural political and economic issues

The Timuay Justice and Governance of 2002

In 1993 the larger Teduray communities in the municipalities of Upi and Timanan including the satellite Teduray communities in Lebak Kalamansig Datu Odin Sinsuat Talayan Shariff Aguak Kulaman and Ezperanza undertook a tribal gathering and formed the Mamalo Descendants Organization (MOO) basically to unite Teduray communities under a common historical theme2

bull They also discussed and brought back memories of the traditional Timuay leadership structure Finally in 2002 they formalized the revival of the traditional leadership structure into the Timuay Justice and Governance (TJG) Timuay Alim Bandara explained that the primary reason for the move was para maibalik sa isipan ng mga tao and dating istruktura (~ to raise peoples awareness about the traditional structure of the Timuay leadership) The leaders explored ways how the Teduray governance could be recognized They drew their ideas from the fact that the Timuay Kefedewan and Bliyan are still very much alive in their collective consciousness

2 Common Teduray and Magindanaon legend tells of brothers Mamalo and Tabunaway Accordingly Tabunaway converted to Islam and became the ancestor of the Magindanaon and other Islamized tribes Mamalo chose to retain his indigenous belief and decided to live in the mountains He became the ancestor of the indigenous tribes including the Teduray

despite the domineering presence of the mainstream governance system And so the collaborative effort to revive the traditional leadership structure was pursued in earnest Their recognized community leaders the elders were illiterate but very wise and their active and educated youths discussed planned and collaborated to draw up the current structural design of the Timuay Justice and Governance Finally they were able to establish the TJG Presently they are advocating and looking for ways to have it recognized in the regional government structure of the AR1v1M

It is through the Mamalo Descendants Organization (MOO) that The Timuay Justice and Governance (TJG) was established in 2002 with the primary aim of strengthening tribal governance and of putting up a governance structure that is interface-ready with the government structure Internally it is structured to facilitate greater community participation in the overall consultation process of governance As explained it embodies the traditional Teduray concept of istruktura ng pamumunuan mga batas polisiya at program a sa pamamahala (leadership structure laws and policies and programs of governance) Its characteristics are founded on the traditional basic principles of close affinity with the natural environment communal ownership collective leadership equality of all human beings Kejiyo Fedew (harmony) and Lumot Minanga (progressive pluralism) It is constituted by the following key structural elements

Timada Limud (tribal congress)

Minted sa 1nged (Council of Chieftains)

1nged Kasarigan (territorial Executive Body)

Fagilidan (supreme justices)

Timuay Labi (Tribal Head Chieftain)

Titay Bleyen (Vice-Tribal chieftain)

___________________________________ 17 16

Ayuno Tulos (secretary) Senrukoy Tulos (Treasurer) (TJG 2002 pp6-11)

Figure 1 Structure of the Timuay Justice and Governance

PROVINCEREGION

I INGED KASARIGAN

rrerritory Executive Body) 1 Timvay Kasadgan 2 Sungku Timuay Kasarigan 3 Mumuuka Inged (territory

Overseer) 4 Faruyaga

Mginged(griculture) 5 FUamallln (organizer) 6 Senrukuy Tulos(finance) 7 Kemem1 Kadatan(spiritu

comrrittee doctor seer) 8 Civil Society Orgt nizaions 9 Seayunon(faison spokesn) 10 Finlilan(Women os group) 11 Mngungud(youth middots group) 12 Diyg Fenuwo(village police)

TIMFADA LlMUD (Tribal Congress)

MINTED SA INGED Administrative

Council of Chieftains

I TimloLabi (Tnbal Head ClUeftain)

2 TI(~BlC)6l(Vic-Tribalchidlain)

J Ayo T las (ony) J Sagtnltk0) TIa (T reasurcr) 5 Miwmb (8)

SELIMUDO FENUWO

Local Council of Chieftains I I

I II Sitio I I SitiD I

KOYORAN (SITIO)

I FAGILIDAN

(Supreme Jus1 ices) IKefedewan

shy

I Fenuwo Executive Body

Tvnggv Kuarigan 2 Svngko Kasarig8n

II Sitio I

Bibliography

Accion Contra EI Hambre (2005) Broken lives fragile dreams A Vulnerability study of five ethnic commumties in Maguindanao and Lanao del Sur Cotabato City ACH

Alejo A E (2000) Generating energies in Mount Apo Cultural politics in a contested environment Quezon City Ateneo de Manila University Press

Convention (No 169) Concerning Indigenous and Tribal Peoples in Independent Countries (September 1991) httpwwwunhchrchlhtmlmenu3b62htm

Datumanong Abubacar M (2005) The Maguindanaon Datus Their role in resolving conflict Unpublished Doctoral Dissertation Notre Dame University Cotabato City

Gowing P amp Mc Amis R (1974) The Muslim Filipinos Manila Solidaridad Publishing House

Hoebel A E (972) Anthropology The study of man New York McGraw - Hill Book Company

Hughes L (2003) The No-Nonsense guide to indigenous peoples Oxford Verso

Lacson RD C (2005) Aromanon Manobo armed conflict experiences strategies UPhilippines

Cultural npublished

coping theses

mechanisms Xavier Unive

and rsity

19

MUNICIPAL

BARANGAY ~ I

Samfeton (Fenuwo Justices)

1 Tvnggu Samfeton 2 Svngko Samfeton

REMFING FENUWO (MUNICIPAL)

Remfong Fenuwo Juces I Remflng F enuwo Kasangan (Kefedewan) l Baglalan J (Admi~isral ive Body)

(Executrve Body) I Tmvy Kasarigan 2Svngku Kanrigan

II Sitio I

I

18

Mastura Michael O (1979) The rulers of Mindanao in modern history 1515-1903 Research Proj ect No 5 Modem Philippine History Program Quezon City Philippine Social Science Council

Mc Kenna T M (1998) Muslim rulers and rebels Manila Anvil Publishing Inc

Rodil B R (1994) The minonttzation of indigenous communities of Mindanao and the Sulu archipelago Davao City Alternate Forum for Research in Mindanao Inc

Schlegel S (1970) Tiruray Justice California Berkley University Press Inc

The World Bank (November 2003) Human development for peace and prosgerity in the Autonomous Region in Muslim Mindanao Pasig City The World Bank

Tilnuay Justice and Governance (2003) Oryentasyon Hinggil sa Timuay Justice and Governance Quezon City Philippine Peasant Institute

iJ

The Final Report of this research abstract is available at the University Research Center

20

-- -

The University R(~s(~ar(~h (~enter has three service units Sudo-EcOI loll lh Iltc sc UC1I (C I1I~1 (SIIltC) Institutional Resealch al(I I )cwduIlIIc III (11lt1)) IIml HIlIJIBull io (UB)

With its multi-service ullits Ut~ I III lvcs lly Iltl~N( III(1I C C~III( middotmiddot

performs the NDlJ Visioll-Missioll to NIWVC 1111 II CclIlc 1111 I lin meeting and dialogllc~ helw(~c~1I s(h~lIc 1111111111111 IIIltC IIIUlUlulf is to promote the advUlHxmwlI1 or klluwlcclgc 111111 cc VCluIIIIH111 III Central Mindanao alld Ul(~ AIltMM ar~~m~ 11I1CI1l1ol1i C~ Icmiddot VIIIII 1111111111111middot disciplinary approactl(~s Oil isSlws of d UllIgl 111111 c hVCIIII )1I1 C~1I1 ur peoples in this parI of Mir(lalllCl

Slll( ~ SOClo-ECONOMIC RESEARCH CENTER (lIqlql III (UIllbOlllulI VuU( IIMlury u tlon

resea rches on issues of d(wlopnwlIl lo( I HId tloII1I of prlvct and

public agencies instilutione in Ikqinll XII (e (utr1 MludUMO) 1nd the Autonomous Region in Mu~lIm MhIIIIIO (ARMM) rcu Idntlnr d In the East Asean Growth Arc (fAtiA) lJulVIIUII

INSTITUTIONAL RESEARCH

AND DEVELOPMEN

serves as the reSttHeh 1I1 e1 Imlm) rn of th Unlv providing assistance to Unlwl lIy ( 10f II (un

researthes and planning dlvclopl1Unl Jgtl oqrdm for lltIlutiona l development

DATABANKDB ~-~ provides wll(( lion of fu t regions of Mindanao Pll rtJcu llrly till Autonomou

Mindanao (ARMM) Rcqlon XII (( ntr 11Mlndu)

It allows information J((rss dnd trlev1

system with the FederiCO Aquino Intfmcl of N httpwwwnduJapcnclorgurcdb

Notr~fDame Urdversity Cotabato City

Research Monograph No 30

In~igenous Self-Governance Practices

of the Teduray

This Research Monograph Series presents the researches conducted by the University Research Center

Notre Dame University Cotabato City

Page 8: URC_2006_Indigenous Self-Governance Practices of the Teduray

----------------------------------------------

disputants are all Teduray In such cases even Barangay officials recommend that disputes be settled in the manner following tribal customs One major reason for this preference lies in the traditional principle governing conflict resolution wherein parties in disputes are always led to a winshywin settlement with the restoration of peaceful relation as an end product Current Challenges and Opportunities in Teduray Governance t

When the Municipality ofUpi was first established it had a Teduray as its first Mayor After him Moro (Muslim) mayors all from the Sinsuat Clan succeeded to the position one after the other It was only in the last local elections that a Teduray mayor was elected Accordingly the Sinsuats who sat as Mayors were at the same time Datus in the traditional Moro social setup By operation they were traditional Moro Datus who have become mayors in the mainstream governance setup A Key Informant relates Ang mga naging Mayor na Sinsuat ay mga kilalang Datu ng mga Muslim (Moro) Noon pa man bago pa ang mainstream na sistema may dati nang pakikipag-ugnayan ang mga Datu ng Muslim at mga Timuay ng Teduray Ang ganitong ugnayan ay siyang dinala ng mga Sinsuat noong sila ang mga naging mayor ng Upi So ang pagiging Mayor nila sa mainstream na sistema ay sa titulo lang Ngunit sa katotohanan ang sistemang Datu at Timuay pa rin ang pinalakad nita OK rin sa amin yun kasi doon kami sanay at alam namin kung papaano kami magkonekta sa pamunuan Actually kahit sa ngayon sa l pamayanan ng mga Muslim kagaya ng Shariff Aguak ay Datu

system talaga ang patakbo Kaya nga totoo yung sabi nila na sa buong bayan ng Shariff Aguak ay walang eleksiyon Seleksiyon lang kasi ganun talaga sa dating sistema ng Datu at Timuay Dumaan sila sa proseso ng kung saan tinatalaga sila bitang fider at hindi pinagpipilian ng mga tao Yun ang

1 sistemang mahabang panahon naming naisabuhay at

10

talagang naintindihan ng kahit mga ordinaryong mga tao namin

Kaya ngayon kahit na naihalal na bilang Mayor 0

Barangay Chairman ang iba sa amin ang pagtingin ng mga tao namin sa kanila ay kagaya noong dating pagtingin na para sa mga Timuay Sa ngayon Teduray na ang mayor Ang isa sa kahirapan niya ngayon ay di niya ma-duplicate ang ganuong relasyon dahil hindi naman siya Datu Sa isipan ng mga tao ganun pa rin ang pakikitungo Hindi niya kasalanan kung hindi niya matugunan ito Sincere lang siya na gampanan ang dapat niya gampanan sa mainstream system Mahirap lang kasi hindi pa malawak ang pagka-intindi ng mga tao sa mainstream system Sa ngayon hirap na hirap siya kung papaano madiskartehan ang problemang ito Isa pa sa Teduray kasi pantay kami lahat Walang ideya ng constituency Ang mga fider ay tagapagtaguyod lang ng kapakanan ng mga tao Pero maliban doon wala sa amin ang nangingibabaw ang posisyon sa buhay Ito ang naging principal value sa pagtatag ng T JG - pantay-pantay lahat kasama ang mga lider (Members of the Sinsuat clan who became mayors were known Datu of the Moros (Muslims) Even before the establishment of the mainstream system there was already link between the Muslim Datus and Teduray Timuays The same linkage was sustained by the Sinsuats when they sat as mayors of Upi So their being mayors in the mainstream system was simply titular in nature In truth it was the Datu-Timuay linkage they were implementing It was OK for us then because it was the way we had been linking with the leadership Actually even until now among Muslim municipalities like Shariff Aguak it is the Datu system that runs the community affairs That is why there is truth when they say that there is no election in Shariff Aguak There is only selection That was really the way things were done in the Datu and Timuay systems They passed through the process where they were simply appointed

11

--------------------------------------------

and were not voted upon by the people That was the system we lived for a long time and was fully understood by even the most ordinary of our people

That is why today even when somebody has been elected as mayor or barangay chainnan people still perceive of him as Timuay (or Datu) Presently our mayor is a Teduray One of his difficulties lies in his inability to duplicate such kind of relationship because he is not a Datu In peoples minds that was the standard transaction It is not his fault if he could not satisfy such expectation He is sincere in trying to fulfill his responsibilities and duties in the mainstream system Some people could not simply comprehend the mainstream system As of now he is much pressured in finding a strategic approach to this problem Another thing in the Teduray society we understand that we are all equal There is no idea of constituency The leader simply facilitates the concerns of the people Aside from that there is no hierarchical position This is the principal value in the establishment of the TJG shyall are equal including the leader)

One of the questions in the FGD asked Sa ngayon anushyano ang mga nagiging problema ninyo sa pagpili ng inyong fider Papaano ninyo nabibigyan ng solusyon ang mga ito Anu-ano ang inyong mga rekomendasyon upang lalong mapabuti and pamamalakad sa inyong komunidad (At preosent what problems do you encounter pertaining to selection of a leader How do you resolve these What are your recommendations in order to improve the management in your community)

The questions generated two types of answers The tone depended on the socio-political orientation of the participant

Non-LGO (Local Government Officials) participants recognized that Ang eleksiyon ay hindi naaangkop sa sistema ng Tedw-ay (Election [voting] is not compatible with

the Teduray system) In spite of this it is worth noting that many Teduray individuals have held government positions at one time or another On the other side key infonnants confidently expressed Sa akin lang wala naman gaanong problema Ang mga maWt na gulo mga Baglalan at Kefedewan pa rin ang mag-solve Pero ang logging dahil malaki na sa munisipyo na ito dapat dalhin (I think there is no problem at all It is still the Baglalan and Kefedewan who settle small problems Big problems such as the logging operation should be brought to the municipal level)

In view of this general problem they recommend the recognition of the Teduray system of political ascendancy Furthennore the recommendation includes the recognition of the Teduray justice system where a community problem goes through the deliberations of the Kefedewan within the auspices of the Baglalan (title holders) and the Samfeton (council of Kefedewan) before if ever reaching the barangay chainnan They believe this is more effective because Sa mga Kefedewan at mga Timuay inaayos talaga ang problema Napag-uusapan nila ang tamang penalty para maayos ang problema (Problems are really resolved at the level of the Timuay and Kefodewan It is where penalties are justly determined in order to solve the problem)

The positions ofthe Tilnuay Kefedewan and Bfiyan have been effectively sustained and kept alive in the present context in spite of the imposition of the mainstream and dominant Philippine governance system But its traditional socio-political schema has been dramatically altered Todqy the provinces municipalities and barangays with very different area delineation supercede what used to be delineated as Inged (territories) and Fenuwo (villages) relative to adjacent territories of other groups such as the Arumanen the Dulangan and the Magindanaon Consequently the Teduray who now live within this set-up

12 13

possess a mixed perception of the leadership structure Very often ordinary Teduray folks today inter-changeably refer to the Timuay Kefedewan Fagilidan Baglalan Barangay Kapitan and Kagawad as The Leaders However when pressed further about the traditional perception on leaders only the Timuay and Kefedewan surfaced as the prominent generic traditional titles The respondents did not recall of any other leadership titles that have been handed down to their awareness by their ancestors This claim is very evident in the way present Teduray communities operationalize the present leadership set-up Very often the Barangay Kapitan (barangay chairman) and Kagawad (barangay council member) are also positions taken by Timuays or soon-to-be Timuay It is worth noting that elected officials in the municipalities and the barangays dominated by the Teduray population are conferred with the Timuay titles

It has been stressed that the primary problem with the present system of selecting leaders is the palakasan (political patronage) system where a person Kahit hindi qualified basta nakasandal sa malaking politiko ay nagiging lider Hindi nakaka-unite sa tao Hindi tuloy nag-cooperate yung iba Dinadaan sa threats Sa barangay naman kung saan mixed ang grupo ng Teduray at settlers at kung ang lider ay settler nagiging neglected ang Teduray Madalas walang tsansa ang mga TedUlay na manalo sa election May

11

discrimination Madalas kung sino ang may pera ay siya ang panalo sa eleksiyon (Even non-qualified [persons] with big politician backers become leaders But this results in disunity Consequently others refuse to cooperate [with the leadership] Other [leaders] employ threats In the barangay where there is mixed group of Teduray and settlers in which the local official is a settler the Teduray feels neglected Oftentimes the Teduray has no chance of winning the election There is discrimination Oftentimes the one who has the money wins the election)

14

In the present context there is a general comfortable feeling towards local governance because the current chief executive of the municipality is a Teduray However there exists an implied fear that the change of leadership can mean problem to Teduray communities A Key Informant pointed that one obstacle to the satisfaction of Teduray concerns is Kung magbago ang Mayor Ngayon kasi Teduray ang mayor kaya kahit papaano nabibigyan ng halaga ang mga pangangailangan ng Teduray Oras na mapalitan siya ng hindi Teduray sa palagay ko maisasantabi na naman kami (If the mayor is changed As of now the mayor is a Teduray so that Teduray concerns are given attention I believe the moment he is succeeded we will be sidelined again)

In addition Teduray local government officials also pointed the larger problem of non-recognition of the Indigenous Peoples Rights Act of 1997 (IPRA) in the ARMM A Department of Education (DepEd)-ARMM official expressed that one big obstacle to Teduray concerns is Kakulangan ng pagrespeto at pagkUala sa karapatan ng mga katutubo Kakulangan ng pagpapatupad ng batas IPRA sa ARMM (Lack of recognition and respect of IP rights Lack of implementation of the IPRA law within the ARMM)

Among them there is insistence on recogmtIon of traditional laws in the mainstream governance system Kung ako lang isang balakid ang di pagkilala ng gobyerno sa tradisyunal na pamaraan namin Para sa akin mas epektibo talaga para sa amin ang tradisyunal Kaya sana i-recognize naman ng gobyerno ang aming pamaraan Problema rin namin ang logging Sa ngayon nandiyan pa rin sila Pero di namin sUa pinakialaman basta lang huwag sUa pumasok sa aming barangay (In my opinion one of the obstacles is nonshyrecognition of our traditional ways by the government I am convinced that the traditional way is more effective to us I

15 ------~--------------------------------------

wish the government will recognize it Another problem is the logging [operation] Right now they are still in the area but we dont do anything to them as long as they dont encroach into our barangay)

To these interrelated problems they recommend the recognition of the Teduray system stipulated in the Timuay Justice and Governance (TJG) Accordingly it is seen as an opportunity to mainstream Teduray socio-cultural political and economic issues

The Timuay Justice and Governance of 2002

In 1993 the larger Teduray communities in the municipalities of Upi and Timanan including the satellite Teduray communities in Lebak Kalamansig Datu Odin Sinsuat Talayan Shariff Aguak Kulaman and Ezperanza undertook a tribal gathering and formed the Mamalo Descendants Organization (MOO) basically to unite Teduray communities under a common historical theme2

bull They also discussed and brought back memories of the traditional Timuay leadership structure Finally in 2002 they formalized the revival of the traditional leadership structure into the Timuay Justice and Governance (TJG) Timuay Alim Bandara explained that the primary reason for the move was para maibalik sa isipan ng mga tao and dating istruktura (~ to raise peoples awareness about the traditional structure of the Timuay leadership) The leaders explored ways how the Teduray governance could be recognized They drew their ideas from the fact that the Timuay Kefedewan and Bliyan are still very much alive in their collective consciousness

2 Common Teduray and Magindanaon legend tells of brothers Mamalo and Tabunaway Accordingly Tabunaway converted to Islam and became the ancestor of the Magindanaon and other Islamized tribes Mamalo chose to retain his indigenous belief and decided to live in the mountains He became the ancestor of the indigenous tribes including the Teduray

despite the domineering presence of the mainstream governance system And so the collaborative effort to revive the traditional leadership structure was pursued in earnest Their recognized community leaders the elders were illiterate but very wise and their active and educated youths discussed planned and collaborated to draw up the current structural design of the Timuay Justice and Governance Finally they were able to establish the TJG Presently they are advocating and looking for ways to have it recognized in the regional government structure of the AR1v1M

It is through the Mamalo Descendants Organization (MOO) that The Timuay Justice and Governance (TJG) was established in 2002 with the primary aim of strengthening tribal governance and of putting up a governance structure that is interface-ready with the government structure Internally it is structured to facilitate greater community participation in the overall consultation process of governance As explained it embodies the traditional Teduray concept of istruktura ng pamumunuan mga batas polisiya at program a sa pamamahala (leadership structure laws and policies and programs of governance) Its characteristics are founded on the traditional basic principles of close affinity with the natural environment communal ownership collective leadership equality of all human beings Kejiyo Fedew (harmony) and Lumot Minanga (progressive pluralism) It is constituted by the following key structural elements

Timada Limud (tribal congress)

Minted sa 1nged (Council of Chieftains)

1nged Kasarigan (territorial Executive Body)

Fagilidan (supreme justices)

Timuay Labi (Tribal Head Chieftain)

Titay Bleyen (Vice-Tribal chieftain)

___________________________________ 17 16

Ayuno Tulos (secretary) Senrukoy Tulos (Treasurer) (TJG 2002 pp6-11)

Figure 1 Structure of the Timuay Justice and Governance

PROVINCEREGION

I INGED KASARIGAN

rrerritory Executive Body) 1 Timvay Kasadgan 2 Sungku Timuay Kasarigan 3 Mumuuka Inged (territory

Overseer) 4 Faruyaga

Mginged(griculture) 5 FUamallln (organizer) 6 Senrukuy Tulos(finance) 7 Kemem1 Kadatan(spiritu

comrrittee doctor seer) 8 Civil Society Orgt nizaions 9 Seayunon(faison spokesn) 10 Finlilan(Women os group) 11 Mngungud(youth middots group) 12 Diyg Fenuwo(village police)

TIMFADA LlMUD (Tribal Congress)

MINTED SA INGED Administrative

Council of Chieftains

I TimloLabi (Tnbal Head ClUeftain)

2 TI(~BlC)6l(Vic-Tribalchidlain)

J Ayo T las (ony) J Sagtnltk0) TIa (T reasurcr) 5 Miwmb (8)

SELIMUDO FENUWO

Local Council of Chieftains I I

I II Sitio I I SitiD I

KOYORAN (SITIO)

I FAGILIDAN

(Supreme Jus1 ices) IKefedewan

shy

I Fenuwo Executive Body

Tvnggv Kuarigan 2 Svngko Kasarig8n

II Sitio I

Bibliography

Accion Contra EI Hambre (2005) Broken lives fragile dreams A Vulnerability study of five ethnic commumties in Maguindanao and Lanao del Sur Cotabato City ACH

Alejo A E (2000) Generating energies in Mount Apo Cultural politics in a contested environment Quezon City Ateneo de Manila University Press

Convention (No 169) Concerning Indigenous and Tribal Peoples in Independent Countries (September 1991) httpwwwunhchrchlhtmlmenu3b62htm

Datumanong Abubacar M (2005) The Maguindanaon Datus Their role in resolving conflict Unpublished Doctoral Dissertation Notre Dame University Cotabato City

Gowing P amp Mc Amis R (1974) The Muslim Filipinos Manila Solidaridad Publishing House

Hoebel A E (972) Anthropology The study of man New York McGraw - Hill Book Company

Hughes L (2003) The No-Nonsense guide to indigenous peoples Oxford Verso

Lacson RD C (2005) Aromanon Manobo armed conflict experiences strategies UPhilippines

Cultural npublished

coping theses

mechanisms Xavier Unive

and rsity

19

MUNICIPAL

BARANGAY ~ I

Samfeton (Fenuwo Justices)

1 Tvnggu Samfeton 2 Svngko Samfeton

REMFING FENUWO (MUNICIPAL)

Remfong Fenuwo Juces I Remflng F enuwo Kasangan (Kefedewan) l Baglalan J (Admi~isral ive Body)

(Executrve Body) I Tmvy Kasarigan 2Svngku Kanrigan

II Sitio I

I

18

Mastura Michael O (1979) The rulers of Mindanao in modern history 1515-1903 Research Proj ect No 5 Modem Philippine History Program Quezon City Philippine Social Science Council

Mc Kenna T M (1998) Muslim rulers and rebels Manila Anvil Publishing Inc

Rodil B R (1994) The minonttzation of indigenous communities of Mindanao and the Sulu archipelago Davao City Alternate Forum for Research in Mindanao Inc

Schlegel S (1970) Tiruray Justice California Berkley University Press Inc

The World Bank (November 2003) Human development for peace and prosgerity in the Autonomous Region in Muslim Mindanao Pasig City The World Bank

Tilnuay Justice and Governance (2003) Oryentasyon Hinggil sa Timuay Justice and Governance Quezon City Philippine Peasant Institute

iJ

The Final Report of this research abstract is available at the University Research Center

20

-- -

The University R(~s(~ar(~h (~enter has three service units Sudo-EcOI loll lh Iltc sc UC1I (C I1I~1 (SIIltC) Institutional Resealch al(I I )cwduIlIIc III (11lt1)) IIml HIlIJIBull io (UB)

With its multi-service ullits Ut~ I III lvcs lly Iltl~N( III(1I C C~III( middotmiddot

performs the NDlJ Visioll-Missioll to NIWVC 1111 II CclIlc 1111 I lin meeting and dialogllc~ helw(~c~1I s(h~lIc 1111111111111 IIIltC IIIUlUlulf is to promote the advUlHxmwlI1 or klluwlcclgc 111111 cc VCluIIIIH111 III Central Mindanao alld Ul(~ AIltMM ar~~m~ 11I1CI1l1ol1i C~ Icmiddot VIIIII 1111111111111middot disciplinary approactl(~s Oil isSlws of d UllIgl 111111 c hVCIIII )1I1 C~1I1 ur peoples in this parI of Mir(lalllCl

Slll( ~ SOClo-ECONOMIC RESEARCH CENTER (lIqlql III (UIllbOlllulI VuU( IIMlury u tlon

resea rches on issues of d(wlopnwlIl lo( I HId tloII1I of prlvct and

public agencies instilutione in Ikqinll XII (e (utr1 MludUMO) 1nd the Autonomous Region in Mu~lIm MhIIIIIO (ARMM) rcu Idntlnr d In the East Asean Growth Arc (fAtiA) lJulVIIUII

INSTITUTIONAL RESEARCH

AND DEVELOPMEN

serves as the reSttHeh 1I1 e1 Imlm) rn of th Unlv providing assistance to Unlwl lIy ( 10f II (un

researthes and planning dlvclopl1Unl Jgtl oqrdm for lltIlutiona l development

DATABANKDB ~-~ provides wll(( lion of fu t regions of Mindanao Pll rtJcu llrly till Autonomou

Mindanao (ARMM) Rcqlon XII (( ntr 11Mlndu)

It allows information J((rss dnd trlev1

system with the FederiCO Aquino Intfmcl of N httpwwwnduJapcnclorgurcdb

Notr~fDame Urdversity Cotabato City

Research Monograph No 30

In~igenous Self-Governance Practices

of the Teduray

This Research Monograph Series presents the researches conducted by the University Research Center

Notre Dame University Cotabato City

Page 9: URC_2006_Indigenous Self-Governance Practices of the Teduray

--------------------------------------------

and were not voted upon by the people That was the system we lived for a long time and was fully understood by even the most ordinary of our people

That is why today even when somebody has been elected as mayor or barangay chainnan people still perceive of him as Timuay (or Datu) Presently our mayor is a Teduray One of his difficulties lies in his inability to duplicate such kind of relationship because he is not a Datu In peoples minds that was the standard transaction It is not his fault if he could not satisfy such expectation He is sincere in trying to fulfill his responsibilities and duties in the mainstream system Some people could not simply comprehend the mainstream system As of now he is much pressured in finding a strategic approach to this problem Another thing in the Teduray society we understand that we are all equal There is no idea of constituency The leader simply facilitates the concerns of the people Aside from that there is no hierarchical position This is the principal value in the establishment of the TJG shyall are equal including the leader)

One of the questions in the FGD asked Sa ngayon anushyano ang mga nagiging problema ninyo sa pagpili ng inyong fider Papaano ninyo nabibigyan ng solusyon ang mga ito Anu-ano ang inyong mga rekomendasyon upang lalong mapabuti and pamamalakad sa inyong komunidad (At preosent what problems do you encounter pertaining to selection of a leader How do you resolve these What are your recommendations in order to improve the management in your community)

The questions generated two types of answers The tone depended on the socio-political orientation of the participant

Non-LGO (Local Government Officials) participants recognized that Ang eleksiyon ay hindi naaangkop sa sistema ng Tedw-ay (Election [voting] is not compatible with

the Teduray system) In spite of this it is worth noting that many Teduray individuals have held government positions at one time or another On the other side key infonnants confidently expressed Sa akin lang wala naman gaanong problema Ang mga maWt na gulo mga Baglalan at Kefedewan pa rin ang mag-solve Pero ang logging dahil malaki na sa munisipyo na ito dapat dalhin (I think there is no problem at all It is still the Baglalan and Kefedewan who settle small problems Big problems such as the logging operation should be brought to the municipal level)

In view of this general problem they recommend the recognition of the Teduray system of political ascendancy Furthennore the recommendation includes the recognition of the Teduray justice system where a community problem goes through the deliberations of the Kefedewan within the auspices of the Baglalan (title holders) and the Samfeton (council of Kefedewan) before if ever reaching the barangay chainnan They believe this is more effective because Sa mga Kefedewan at mga Timuay inaayos talaga ang problema Napag-uusapan nila ang tamang penalty para maayos ang problema (Problems are really resolved at the level of the Timuay and Kefodewan It is where penalties are justly determined in order to solve the problem)

The positions ofthe Tilnuay Kefedewan and Bfiyan have been effectively sustained and kept alive in the present context in spite of the imposition of the mainstream and dominant Philippine governance system But its traditional socio-political schema has been dramatically altered Todqy the provinces municipalities and barangays with very different area delineation supercede what used to be delineated as Inged (territories) and Fenuwo (villages) relative to adjacent territories of other groups such as the Arumanen the Dulangan and the Magindanaon Consequently the Teduray who now live within this set-up

12 13

possess a mixed perception of the leadership structure Very often ordinary Teduray folks today inter-changeably refer to the Timuay Kefedewan Fagilidan Baglalan Barangay Kapitan and Kagawad as The Leaders However when pressed further about the traditional perception on leaders only the Timuay and Kefedewan surfaced as the prominent generic traditional titles The respondents did not recall of any other leadership titles that have been handed down to their awareness by their ancestors This claim is very evident in the way present Teduray communities operationalize the present leadership set-up Very often the Barangay Kapitan (barangay chairman) and Kagawad (barangay council member) are also positions taken by Timuays or soon-to-be Timuay It is worth noting that elected officials in the municipalities and the barangays dominated by the Teduray population are conferred with the Timuay titles

It has been stressed that the primary problem with the present system of selecting leaders is the palakasan (political patronage) system where a person Kahit hindi qualified basta nakasandal sa malaking politiko ay nagiging lider Hindi nakaka-unite sa tao Hindi tuloy nag-cooperate yung iba Dinadaan sa threats Sa barangay naman kung saan mixed ang grupo ng Teduray at settlers at kung ang lider ay settler nagiging neglected ang Teduray Madalas walang tsansa ang mga TedUlay na manalo sa election May

11

discrimination Madalas kung sino ang may pera ay siya ang panalo sa eleksiyon (Even non-qualified [persons] with big politician backers become leaders But this results in disunity Consequently others refuse to cooperate [with the leadership] Other [leaders] employ threats In the barangay where there is mixed group of Teduray and settlers in which the local official is a settler the Teduray feels neglected Oftentimes the Teduray has no chance of winning the election There is discrimination Oftentimes the one who has the money wins the election)

14

In the present context there is a general comfortable feeling towards local governance because the current chief executive of the municipality is a Teduray However there exists an implied fear that the change of leadership can mean problem to Teduray communities A Key Informant pointed that one obstacle to the satisfaction of Teduray concerns is Kung magbago ang Mayor Ngayon kasi Teduray ang mayor kaya kahit papaano nabibigyan ng halaga ang mga pangangailangan ng Teduray Oras na mapalitan siya ng hindi Teduray sa palagay ko maisasantabi na naman kami (If the mayor is changed As of now the mayor is a Teduray so that Teduray concerns are given attention I believe the moment he is succeeded we will be sidelined again)

In addition Teduray local government officials also pointed the larger problem of non-recognition of the Indigenous Peoples Rights Act of 1997 (IPRA) in the ARMM A Department of Education (DepEd)-ARMM official expressed that one big obstacle to Teduray concerns is Kakulangan ng pagrespeto at pagkUala sa karapatan ng mga katutubo Kakulangan ng pagpapatupad ng batas IPRA sa ARMM (Lack of recognition and respect of IP rights Lack of implementation of the IPRA law within the ARMM)

Among them there is insistence on recogmtIon of traditional laws in the mainstream governance system Kung ako lang isang balakid ang di pagkilala ng gobyerno sa tradisyunal na pamaraan namin Para sa akin mas epektibo talaga para sa amin ang tradisyunal Kaya sana i-recognize naman ng gobyerno ang aming pamaraan Problema rin namin ang logging Sa ngayon nandiyan pa rin sila Pero di namin sUa pinakialaman basta lang huwag sUa pumasok sa aming barangay (In my opinion one of the obstacles is nonshyrecognition of our traditional ways by the government I am convinced that the traditional way is more effective to us I

15 ------~--------------------------------------

wish the government will recognize it Another problem is the logging [operation] Right now they are still in the area but we dont do anything to them as long as they dont encroach into our barangay)

To these interrelated problems they recommend the recognition of the Teduray system stipulated in the Timuay Justice and Governance (TJG) Accordingly it is seen as an opportunity to mainstream Teduray socio-cultural political and economic issues

The Timuay Justice and Governance of 2002

In 1993 the larger Teduray communities in the municipalities of Upi and Timanan including the satellite Teduray communities in Lebak Kalamansig Datu Odin Sinsuat Talayan Shariff Aguak Kulaman and Ezperanza undertook a tribal gathering and formed the Mamalo Descendants Organization (MOO) basically to unite Teduray communities under a common historical theme2

bull They also discussed and brought back memories of the traditional Timuay leadership structure Finally in 2002 they formalized the revival of the traditional leadership structure into the Timuay Justice and Governance (TJG) Timuay Alim Bandara explained that the primary reason for the move was para maibalik sa isipan ng mga tao and dating istruktura (~ to raise peoples awareness about the traditional structure of the Timuay leadership) The leaders explored ways how the Teduray governance could be recognized They drew their ideas from the fact that the Timuay Kefedewan and Bliyan are still very much alive in their collective consciousness

2 Common Teduray and Magindanaon legend tells of brothers Mamalo and Tabunaway Accordingly Tabunaway converted to Islam and became the ancestor of the Magindanaon and other Islamized tribes Mamalo chose to retain his indigenous belief and decided to live in the mountains He became the ancestor of the indigenous tribes including the Teduray

despite the domineering presence of the mainstream governance system And so the collaborative effort to revive the traditional leadership structure was pursued in earnest Their recognized community leaders the elders were illiterate but very wise and their active and educated youths discussed planned and collaborated to draw up the current structural design of the Timuay Justice and Governance Finally they were able to establish the TJG Presently they are advocating and looking for ways to have it recognized in the regional government structure of the AR1v1M

It is through the Mamalo Descendants Organization (MOO) that The Timuay Justice and Governance (TJG) was established in 2002 with the primary aim of strengthening tribal governance and of putting up a governance structure that is interface-ready with the government structure Internally it is structured to facilitate greater community participation in the overall consultation process of governance As explained it embodies the traditional Teduray concept of istruktura ng pamumunuan mga batas polisiya at program a sa pamamahala (leadership structure laws and policies and programs of governance) Its characteristics are founded on the traditional basic principles of close affinity with the natural environment communal ownership collective leadership equality of all human beings Kejiyo Fedew (harmony) and Lumot Minanga (progressive pluralism) It is constituted by the following key structural elements

Timada Limud (tribal congress)

Minted sa 1nged (Council of Chieftains)

1nged Kasarigan (territorial Executive Body)

Fagilidan (supreme justices)

Timuay Labi (Tribal Head Chieftain)

Titay Bleyen (Vice-Tribal chieftain)

___________________________________ 17 16

Ayuno Tulos (secretary) Senrukoy Tulos (Treasurer) (TJG 2002 pp6-11)

Figure 1 Structure of the Timuay Justice and Governance

PROVINCEREGION

I INGED KASARIGAN

rrerritory Executive Body) 1 Timvay Kasadgan 2 Sungku Timuay Kasarigan 3 Mumuuka Inged (territory

Overseer) 4 Faruyaga

Mginged(griculture) 5 FUamallln (organizer) 6 Senrukuy Tulos(finance) 7 Kemem1 Kadatan(spiritu

comrrittee doctor seer) 8 Civil Society Orgt nizaions 9 Seayunon(faison spokesn) 10 Finlilan(Women os group) 11 Mngungud(youth middots group) 12 Diyg Fenuwo(village police)

TIMFADA LlMUD (Tribal Congress)

MINTED SA INGED Administrative

Council of Chieftains

I TimloLabi (Tnbal Head ClUeftain)

2 TI(~BlC)6l(Vic-Tribalchidlain)

J Ayo T las (ony) J Sagtnltk0) TIa (T reasurcr) 5 Miwmb (8)

SELIMUDO FENUWO

Local Council of Chieftains I I

I II Sitio I I SitiD I

KOYORAN (SITIO)

I FAGILIDAN

(Supreme Jus1 ices) IKefedewan

shy

I Fenuwo Executive Body

Tvnggv Kuarigan 2 Svngko Kasarig8n

II Sitio I

Bibliography

Accion Contra EI Hambre (2005) Broken lives fragile dreams A Vulnerability study of five ethnic commumties in Maguindanao and Lanao del Sur Cotabato City ACH

Alejo A E (2000) Generating energies in Mount Apo Cultural politics in a contested environment Quezon City Ateneo de Manila University Press

Convention (No 169) Concerning Indigenous and Tribal Peoples in Independent Countries (September 1991) httpwwwunhchrchlhtmlmenu3b62htm

Datumanong Abubacar M (2005) The Maguindanaon Datus Their role in resolving conflict Unpublished Doctoral Dissertation Notre Dame University Cotabato City

Gowing P amp Mc Amis R (1974) The Muslim Filipinos Manila Solidaridad Publishing House

Hoebel A E (972) Anthropology The study of man New York McGraw - Hill Book Company

Hughes L (2003) The No-Nonsense guide to indigenous peoples Oxford Verso

Lacson RD C (2005) Aromanon Manobo armed conflict experiences strategies UPhilippines

Cultural npublished

coping theses

mechanisms Xavier Unive

and rsity

19

MUNICIPAL

BARANGAY ~ I

Samfeton (Fenuwo Justices)

1 Tvnggu Samfeton 2 Svngko Samfeton

REMFING FENUWO (MUNICIPAL)

Remfong Fenuwo Juces I Remflng F enuwo Kasangan (Kefedewan) l Baglalan J (Admi~isral ive Body)

(Executrve Body) I Tmvy Kasarigan 2Svngku Kanrigan

II Sitio I

I

18

Mastura Michael O (1979) The rulers of Mindanao in modern history 1515-1903 Research Proj ect No 5 Modem Philippine History Program Quezon City Philippine Social Science Council

Mc Kenna T M (1998) Muslim rulers and rebels Manila Anvil Publishing Inc

Rodil B R (1994) The minonttzation of indigenous communities of Mindanao and the Sulu archipelago Davao City Alternate Forum for Research in Mindanao Inc

Schlegel S (1970) Tiruray Justice California Berkley University Press Inc

The World Bank (November 2003) Human development for peace and prosgerity in the Autonomous Region in Muslim Mindanao Pasig City The World Bank

Tilnuay Justice and Governance (2003) Oryentasyon Hinggil sa Timuay Justice and Governance Quezon City Philippine Peasant Institute

iJ

The Final Report of this research abstract is available at the University Research Center

20

-- -

The University R(~s(~ar(~h (~enter has three service units Sudo-EcOI loll lh Iltc sc UC1I (C I1I~1 (SIIltC) Institutional Resealch al(I I )cwduIlIIc III (11lt1)) IIml HIlIJIBull io (UB)

With its multi-service ullits Ut~ I III lvcs lly Iltl~N( III(1I C C~III( middotmiddot

performs the NDlJ Visioll-Missioll to NIWVC 1111 II CclIlc 1111 I lin meeting and dialogllc~ helw(~c~1I s(h~lIc 1111111111111 IIIltC IIIUlUlulf is to promote the advUlHxmwlI1 or klluwlcclgc 111111 cc VCluIIIIH111 III Central Mindanao alld Ul(~ AIltMM ar~~m~ 11I1CI1l1ol1i C~ Icmiddot VIIIII 1111111111111middot disciplinary approactl(~s Oil isSlws of d UllIgl 111111 c hVCIIII )1I1 C~1I1 ur peoples in this parI of Mir(lalllCl

Slll( ~ SOClo-ECONOMIC RESEARCH CENTER (lIqlql III (UIllbOlllulI VuU( IIMlury u tlon

resea rches on issues of d(wlopnwlIl lo( I HId tloII1I of prlvct and

public agencies instilutione in Ikqinll XII (e (utr1 MludUMO) 1nd the Autonomous Region in Mu~lIm MhIIIIIO (ARMM) rcu Idntlnr d In the East Asean Growth Arc (fAtiA) lJulVIIUII

INSTITUTIONAL RESEARCH

AND DEVELOPMEN

serves as the reSttHeh 1I1 e1 Imlm) rn of th Unlv providing assistance to Unlwl lIy ( 10f II (un

researthes and planning dlvclopl1Unl Jgtl oqrdm for lltIlutiona l development

DATABANKDB ~-~ provides wll(( lion of fu t regions of Mindanao Pll rtJcu llrly till Autonomou

Mindanao (ARMM) Rcqlon XII (( ntr 11Mlndu)

It allows information J((rss dnd trlev1

system with the FederiCO Aquino Intfmcl of N httpwwwnduJapcnclorgurcdb

Notr~fDame Urdversity Cotabato City

Research Monograph No 30

In~igenous Self-Governance Practices

of the Teduray

This Research Monograph Series presents the researches conducted by the University Research Center

Notre Dame University Cotabato City

Page 10: URC_2006_Indigenous Self-Governance Practices of the Teduray

possess a mixed perception of the leadership structure Very often ordinary Teduray folks today inter-changeably refer to the Timuay Kefedewan Fagilidan Baglalan Barangay Kapitan and Kagawad as The Leaders However when pressed further about the traditional perception on leaders only the Timuay and Kefedewan surfaced as the prominent generic traditional titles The respondents did not recall of any other leadership titles that have been handed down to their awareness by their ancestors This claim is very evident in the way present Teduray communities operationalize the present leadership set-up Very often the Barangay Kapitan (barangay chairman) and Kagawad (barangay council member) are also positions taken by Timuays or soon-to-be Timuay It is worth noting that elected officials in the municipalities and the barangays dominated by the Teduray population are conferred with the Timuay titles

It has been stressed that the primary problem with the present system of selecting leaders is the palakasan (political patronage) system where a person Kahit hindi qualified basta nakasandal sa malaking politiko ay nagiging lider Hindi nakaka-unite sa tao Hindi tuloy nag-cooperate yung iba Dinadaan sa threats Sa barangay naman kung saan mixed ang grupo ng Teduray at settlers at kung ang lider ay settler nagiging neglected ang Teduray Madalas walang tsansa ang mga TedUlay na manalo sa election May

11

discrimination Madalas kung sino ang may pera ay siya ang panalo sa eleksiyon (Even non-qualified [persons] with big politician backers become leaders But this results in disunity Consequently others refuse to cooperate [with the leadership] Other [leaders] employ threats In the barangay where there is mixed group of Teduray and settlers in which the local official is a settler the Teduray feels neglected Oftentimes the Teduray has no chance of winning the election There is discrimination Oftentimes the one who has the money wins the election)

14

In the present context there is a general comfortable feeling towards local governance because the current chief executive of the municipality is a Teduray However there exists an implied fear that the change of leadership can mean problem to Teduray communities A Key Informant pointed that one obstacle to the satisfaction of Teduray concerns is Kung magbago ang Mayor Ngayon kasi Teduray ang mayor kaya kahit papaano nabibigyan ng halaga ang mga pangangailangan ng Teduray Oras na mapalitan siya ng hindi Teduray sa palagay ko maisasantabi na naman kami (If the mayor is changed As of now the mayor is a Teduray so that Teduray concerns are given attention I believe the moment he is succeeded we will be sidelined again)

In addition Teduray local government officials also pointed the larger problem of non-recognition of the Indigenous Peoples Rights Act of 1997 (IPRA) in the ARMM A Department of Education (DepEd)-ARMM official expressed that one big obstacle to Teduray concerns is Kakulangan ng pagrespeto at pagkUala sa karapatan ng mga katutubo Kakulangan ng pagpapatupad ng batas IPRA sa ARMM (Lack of recognition and respect of IP rights Lack of implementation of the IPRA law within the ARMM)

Among them there is insistence on recogmtIon of traditional laws in the mainstream governance system Kung ako lang isang balakid ang di pagkilala ng gobyerno sa tradisyunal na pamaraan namin Para sa akin mas epektibo talaga para sa amin ang tradisyunal Kaya sana i-recognize naman ng gobyerno ang aming pamaraan Problema rin namin ang logging Sa ngayon nandiyan pa rin sila Pero di namin sUa pinakialaman basta lang huwag sUa pumasok sa aming barangay (In my opinion one of the obstacles is nonshyrecognition of our traditional ways by the government I am convinced that the traditional way is more effective to us I

15 ------~--------------------------------------

wish the government will recognize it Another problem is the logging [operation] Right now they are still in the area but we dont do anything to them as long as they dont encroach into our barangay)

To these interrelated problems they recommend the recognition of the Teduray system stipulated in the Timuay Justice and Governance (TJG) Accordingly it is seen as an opportunity to mainstream Teduray socio-cultural political and economic issues

The Timuay Justice and Governance of 2002

In 1993 the larger Teduray communities in the municipalities of Upi and Timanan including the satellite Teduray communities in Lebak Kalamansig Datu Odin Sinsuat Talayan Shariff Aguak Kulaman and Ezperanza undertook a tribal gathering and formed the Mamalo Descendants Organization (MOO) basically to unite Teduray communities under a common historical theme2

bull They also discussed and brought back memories of the traditional Timuay leadership structure Finally in 2002 they formalized the revival of the traditional leadership structure into the Timuay Justice and Governance (TJG) Timuay Alim Bandara explained that the primary reason for the move was para maibalik sa isipan ng mga tao and dating istruktura (~ to raise peoples awareness about the traditional structure of the Timuay leadership) The leaders explored ways how the Teduray governance could be recognized They drew their ideas from the fact that the Timuay Kefedewan and Bliyan are still very much alive in their collective consciousness

2 Common Teduray and Magindanaon legend tells of brothers Mamalo and Tabunaway Accordingly Tabunaway converted to Islam and became the ancestor of the Magindanaon and other Islamized tribes Mamalo chose to retain his indigenous belief and decided to live in the mountains He became the ancestor of the indigenous tribes including the Teduray

despite the domineering presence of the mainstream governance system And so the collaborative effort to revive the traditional leadership structure was pursued in earnest Their recognized community leaders the elders were illiterate but very wise and their active and educated youths discussed planned and collaborated to draw up the current structural design of the Timuay Justice and Governance Finally they were able to establish the TJG Presently they are advocating and looking for ways to have it recognized in the regional government structure of the AR1v1M

It is through the Mamalo Descendants Organization (MOO) that The Timuay Justice and Governance (TJG) was established in 2002 with the primary aim of strengthening tribal governance and of putting up a governance structure that is interface-ready with the government structure Internally it is structured to facilitate greater community participation in the overall consultation process of governance As explained it embodies the traditional Teduray concept of istruktura ng pamumunuan mga batas polisiya at program a sa pamamahala (leadership structure laws and policies and programs of governance) Its characteristics are founded on the traditional basic principles of close affinity with the natural environment communal ownership collective leadership equality of all human beings Kejiyo Fedew (harmony) and Lumot Minanga (progressive pluralism) It is constituted by the following key structural elements

Timada Limud (tribal congress)

Minted sa 1nged (Council of Chieftains)

1nged Kasarigan (territorial Executive Body)

Fagilidan (supreme justices)

Timuay Labi (Tribal Head Chieftain)

Titay Bleyen (Vice-Tribal chieftain)

___________________________________ 17 16

Ayuno Tulos (secretary) Senrukoy Tulos (Treasurer) (TJG 2002 pp6-11)

Figure 1 Structure of the Timuay Justice and Governance

PROVINCEREGION

I INGED KASARIGAN

rrerritory Executive Body) 1 Timvay Kasadgan 2 Sungku Timuay Kasarigan 3 Mumuuka Inged (territory

Overseer) 4 Faruyaga

Mginged(griculture) 5 FUamallln (organizer) 6 Senrukuy Tulos(finance) 7 Kemem1 Kadatan(spiritu

comrrittee doctor seer) 8 Civil Society Orgt nizaions 9 Seayunon(faison spokesn) 10 Finlilan(Women os group) 11 Mngungud(youth middots group) 12 Diyg Fenuwo(village police)

TIMFADA LlMUD (Tribal Congress)

MINTED SA INGED Administrative

Council of Chieftains

I TimloLabi (Tnbal Head ClUeftain)

2 TI(~BlC)6l(Vic-Tribalchidlain)

J Ayo T las (ony) J Sagtnltk0) TIa (T reasurcr) 5 Miwmb (8)

SELIMUDO FENUWO

Local Council of Chieftains I I

I II Sitio I I SitiD I

KOYORAN (SITIO)

I FAGILIDAN

(Supreme Jus1 ices) IKefedewan

shy

I Fenuwo Executive Body

Tvnggv Kuarigan 2 Svngko Kasarig8n

II Sitio I

Bibliography

Accion Contra EI Hambre (2005) Broken lives fragile dreams A Vulnerability study of five ethnic commumties in Maguindanao and Lanao del Sur Cotabato City ACH

Alejo A E (2000) Generating energies in Mount Apo Cultural politics in a contested environment Quezon City Ateneo de Manila University Press

Convention (No 169) Concerning Indigenous and Tribal Peoples in Independent Countries (September 1991) httpwwwunhchrchlhtmlmenu3b62htm

Datumanong Abubacar M (2005) The Maguindanaon Datus Their role in resolving conflict Unpublished Doctoral Dissertation Notre Dame University Cotabato City

Gowing P amp Mc Amis R (1974) The Muslim Filipinos Manila Solidaridad Publishing House

Hoebel A E (972) Anthropology The study of man New York McGraw - Hill Book Company

Hughes L (2003) The No-Nonsense guide to indigenous peoples Oxford Verso

Lacson RD C (2005) Aromanon Manobo armed conflict experiences strategies UPhilippines

Cultural npublished

coping theses

mechanisms Xavier Unive

and rsity

19

MUNICIPAL

BARANGAY ~ I

Samfeton (Fenuwo Justices)

1 Tvnggu Samfeton 2 Svngko Samfeton

REMFING FENUWO (MUNICIPAL)

Remfong Fenuwo Juces I Remflng F enuwo Kasangan (Kefedewan) l Baglalan J (Admi~isral ive Body)

(Executrve Body) I Tmvy Kasarigan 2Svngku Kanrigan

II Sitio I

I

18

Mastura Michael O (1979) The rulers of Mindanao in modern history 1515-1903 Research Proj ect No 5 Modem Philippine History Program Quezon City Philippine Social Science Council

Mc Kenna T M (1998) Muslim rulers and rebels Manila Anvil Publishing Inc

Rodil B R (1994) The minonttzation of indigenous communities of Mindanao and the Sulu archipelago Davao City Alternate Forum for Research in Mindanao Inc

Schlegel S (1970) Tiruray Justice California Berkley University Press Inc

The World Bank (November 2003) Human development for peace and prosgerity in the Autonomous Region in Muslim Mindanao Pasig City The World Bank

Tilnuay Justice and Governance (2003) Oryentasyon Hinggil sa Timuay Justice and Governance Quezon City Philippine Peasant Institute

iJ

The Final Report of this research abstract is available at the University Research Center

20

-- -

The University R(~s(~ar(~h (~enter has three service units Sudo-EcOI loll lh Iltc sc UC1I (C I1I~1 (SIIltC) Institutional Resealch al(I I )cwduIlIIc III (11lt1)) IIml HIlIJIBull io (UB)

With its multi-service ullits Ut~ I III lvcs lly Iltl~N( III(1I C C~III( middotmiddot

performs the NDlJ Visioll-Missioll to NIWVC 1111 II CclIlc 1111 I lin meeting and dialogllc~ helw(~c~1I s(h~lIc 1111111111111 IIIltC IIIUlUlulf is to promote the advUlHxmwlI1 or klluwlcclgc 111111 cc VCluIIIIH111 III Central Mindanao alld Ul(~ AIltMM ar~~m~ 11I1CI1l1ol1i C~ Icmiddot VIIIII 1111111111111middot disciplinary approactl(~s Oil isSlws of d UllIgl 111111 c hVCIIII )1I1 C~1I1 ur peoples in this parI of Mir(lalllCl

Slll( ~ SOClo-ECONOMIC RESEARCH CENTER (lIqlql III (UIllbOlllulI VuU( IIMlury u tlon

resea rches on issues of d(wlopnwlIl lo( I HId tloII1I of prlvct and

public agencies instilutione in Ikqinll XII (e (utr1 MludUMO) 1nd the Autonomous Region in Mu~lIm MhIIIIIO (ARMM) rcu Idntlnr d In the East Asean Growth Arc (fAtiA) lJulVIIUII

INSTITUTIONAL RESEARCH

AND DEVELOPMEN

serves as the reSttHeh 1I1 e1 Imlm) rn of th Unlv providing assistance to Unlwl lIy ( 10f II (un

researthes and planning dlvclopl1Unl Jgtl oqrdm for lltIlutiona l development

DATABANKDB ~-~ provides wll(( lion of fu t regions of Mindanao Pll rtJcu llrly till Autonomou

Mindanao (ARMM) Rcqlon XII (( ntr 11Mlndu)

It allows information J((rss dnd trlev1

system with the FederiCO Aquino Intfmcl of N httpwwwnduJapcnclorgurcdb

Notr~fDame Urdversity Cotabato City

Research Monograph No 30

In~igenous Self-Governance Practices

of the Teduray

This Research Monograph Series presents the researches conducted by the University Research Center

Notre Dame University Cotabato City

Page 11: URC_2006_Indigenous Self-Governance Practices of the Teduray

wish the government will recognize it Another problem is the logging [operation] Right now they are still in the area but we dont do anything to them as long as they dont encroach into our barangay)

To these interrelated problems they recommend the recognition of the Teduray system stipulated in the Timuay Justice and Governance (TJG) Accordingly it is seen as an opportunity to mainstream Teduray socio-cultural political and economic issues

The Timuay Justice and Governance of 2002

In 1993 the larger Teduray communities in the municipalities of Upi and Timanan including the satellite Teduray communities in Lebak Kalamansig Datu Odin Sinsuat Talayan Shariff Aguak Kulaman and Ezperanza undertook a tribal gathering and formed the Mamalo Descendants Organization (MOO) basically to unite Teduray communities under a common historical theme2

bull They also discussed and brought back memories of the traditional Timuay leadership structure Finally in 2002 they formalized the revival of the traditional leadership structure into the Timuay Justice and Governance (TJG) Timuay Alim Bandara explained that the primary reason for the move was para maibalik sa isipan ng mga tao and dating istruktura (~ to raise peoples awareness about the traditional structure of the Timuay leadership) The leaders explored ways how the Teduray governance could be recognized They drew their ideas from the fact that the Timuay Kefedewan and Bliyan are still very much alive in their collective consciousness

2 Common Teduray and Magindanaon legend tells of brothers Mamalo and Tabunaway Accordingly Tabunaway converted to Islam and became the ancestor of the Magindanaon and other Islamized tribes Mamalo chose to retain his indigenous belief and decided to live in the mountains He became the ancestor of the indigenous tribes including the Teduray

despite the domineering presence of the mainstream governance system And so the collaborative effort to revive the traditional leadership structure was pursued in earnest Their recognized community leaders the elders were illiterate but very wise and their active and educated youths discussed planned and collaborated to draw up the current structural design of the Timuay Justice and Governance Finally they were able to establish the TJG Presently they are advocating and looking for ways to have it recognized in the regional government structure of the AR1v1M

It is through the Mamalo Descendants Organization (MOO) that The Timuay Justice and Governance (TJG) was established in 2002 with the primary aim of strengthening tribal governance and of putting up a governance structure that is interface-ready with the government structure Internally it is structured to facilitate greater community participation in the overall consultation process of governance As explained it embodies the traditional Teduray concept of istruktura ng pamumunuan mga batas polisiya at program a sa pamamahala (leadership structure laws and policies and programs of governance) Its characteristics are founded on the traditional basic principles of close affinity with the natural environment communal ownership collective leadership equality of all human beings Kejiyo Fedew (harmony) and Lumot Minanga (progressive pluralism) It is constituted by the following key structural elements

Timada Limud (tribal congress)

Minted sa 1nged (Council of Chieftains)

1nged Kasarigan (territorial Executive Body)

Fagilidan (supreme justices)

Timuay Labi (Tribal Head Chieftain)

Titay Bleyen (Vice-Tribal chieftain)

___________________________________ 17 16

Ayuno Tulos (secretary) Senrukoy Tulos (Treasurer) (TJG 2002 pp6-11)

Figure 1 Structure of the Timuay Justice and Governance

PROVINCEREGION

I INGED KASARIGAN

rrerritory Executive Body) 1 Timvay Kasadgan 2 Sungku Timuay Kasarigan 3 Mumuuka Inged (territory

Overseer) 4 Faruyaga

Mginged(griculture) 5 FUamallln (organizer) 6 Senrukuy Tulos(finance) 7 Kemem1 Kadatan(spiritu

comrrittee doctor seer) 8 Civil Society Orgt nizaions 9 Seayunon(faison spokesn) 10 Finlilan(Women os group) 11 Mngungud(youth middots group) 12 Diyg Fenuwo(village police)

TIMFADA LlMUD (Tribal Congress)

MINTED SA INGED Administrative

Council of Chieftains

I TimloLabi (Tnbal Head ClUeftain)

2 TI(~BlC)6l(Vic-Tribalchidlain)

J Ayo T las (ony) J Sagtnltk0) TIa (T reasurcr) 5 Miwmb (8)

SELIMUDO FENUWO

Local Council of Chieftains I I

I II Sitio I I SitiD I

KOYORAN (SITIO)

I FAGILIDAN

(Supreme Jus1 ices) IKefedewan

shy

I Fenuwo Executive Body

Tvnggv Kuarigan 2 Svngko Kasarig8n

II Sitio I

Bibliography

Accion Contra EI Hambre (2005) Broken lives fragile dreams A Vulnerability study of five ethnic commumties in Maguindanao and Lanao del Sur Cotabato City ACH

Alejo A E (2000) Generating energies in Mount Apo Cultural politics in a contested environment Quezon City Ateneo de Manila University Press

Convention (No 169) Concerning Indigenous and Tribal Peoples in Independent Countries (September 1991) httpwwwunhchrchlhtmlmenu3b62htm

Datumanong Abubacar M (2005) The Maguindanaon Datus Their role in resolving conflict Unpublished Doctoral Dissertation Notre Dame University Cotabato City

Gowing P amp Mc Amis R (1974) The Muslim Filipinos Manila Solidaridad Publishing House

Hoebel A E (972) Anthropology The study of man New York McGraw - Hill Book Company

Hughes L (2003) The No-Nonsense guide to indigenous peoples Oxford Verso

Lacson RD C (2005) Aromanon Manobo armed conflict experiences strategies UPhilippines

Cultural npublished

coping theses

mechanisms Xavier Unive

and rsity

19

MUNICIPAL

BARANGAY ~ I

Samfeton (Fenuwo Justices)

1 Tvnggu Samfeton 2 Svngko Samfeton

REMFING FENUWO (MUNICIPAL)

Remfong Fenuwo Juces I Remflng F enuwo Kasangan (Kefedewan) l Baglalan J (Admi~isral ive Body)

(Executrve Body) I Tmvy Kasarigan 2Svngku Kanrigan

II Sitio I

I

18

Mastura Michael O (1979) The rulers of Mindanao in modern history 1515-1903 Research Proj ect No 5 Modem Philippine History Program Quezon City Philippine Social Science Council

Mc Kenna T M (1998) Muslim rulers and rebels Manila Anvil Publishing Inc

Rodil B R (1994) The minonttzation of indigenous communities of Mindanao and the Sulu archipelago Davao City Alternate Forum for Research in Mindanao Inc

Schlegel S (1970) Tiruray Justice California Berkley University Press Inc

The World Bank (November 2003) Human development for peace and prosgerity in the Autonomous Region in Muslim Mindanao Pasig City The World Bank

Tilnuay Justice and Governance (2003) Oryentasyon Hinggil sa Timuay Justice and Governance Quezon City Philippine Peasant Institute

iJ

The Final Report of this research abstract is available at the University Research Center

20

-- -

The University R(~s(~ar(~h (~enter has three service units Sudo-EcOI loll lh Iltc sc UC1I (C I1I~1 (SIIltC) Institutional Resealch al(I I )cwduIlIIc III (11lt1)) IIml HIlIJIBull io (UB)

With its multi-service ullits Ut~ I III lvcs lly Iltl~N( III(1I C C~III( middotmiddot

performs the NDlJ Visioll-Missioll to NIWVC 1111 II CclIlc 1111 I lin meeting and dialogllc~ helw(~c~1I s(h~lIc 1111111111111 IIIltC IIIUlUlulf is to promote the advUlHxmwlI1 or klluwlcclgc 111111 cc VCluIIIIH111 III Central Mindanao alld Ul(~ AIltMM ar~~m~ 11I1CI1l1ol1i C~ Icmiddot VIIIII 1111111111111middot disciplinary approactl(~s Oil isSlws of d UllIgl 111111 c hVCIIII )1I1 C~1I1 ur peoples in this parI of Mir(lalllCl

Slll( ~ SOClo-ECONOMIC RESEARCH CENTER (lIqlql III (UIllbOlllulI VuU( IIMlury u tlon

resea rches on issues of d(wlopnwlIl lo( I HId tloII1I of prlvct and

public agencies instilutione in Ikqinll XII (e (utr1 MludUMO) 1nd the Autonomous Region in Mu~lIm MhIIIIIO (ARMM) rcu Idntlnr d In the East Asean Growth Arc (fAtiA) lJulVIIUII

INSTITUTIONAL RESEARCH

AND DEVELOPMEN

serves as the reSttHeh 1I1 e1 Imlm) rn of th Unlv providing assistance to Unlwl lIy ( 10f II (un

researthes and planning dlvclopl1Unl Jgtl oqrdm for lltIlutiona l development

DATABANKDB ~-~ provides wll(( lion of fu t regions of Mindanao Pll rtJcu llrly till Autonomou

Mindanao (ARMM) Rcqlon XII (( ntr 11Mlndu)

It allows information J((rss dnd trlev1

system with the FederiCO Aquino Intfmcl of N httpwwwnduJapcnclorgurcdb

Notr~fDame Urdversity Cotabato City

Research Monograph No 30

In~igenous Self-Governance Practices

of the Teduray

This Research Monograph Series presents the researches conducted by the University Research Center

Notre Dame University Cotabato City

Page 12: URC_2006_Indigenous Self-Governance Practices of the Teduray

Ayuno Tulos (secretary) Senrukoy Tulos (Treasurer) (TJG 2002 pp6-11)

Figure 1 Structure of the Timuay Justice and Governance

PROVINCEREGION

I INGED KASARIGAN

rrerritory Executive Body) 1 Timvay Kasadgan 2 Sungku Timuay Kasarigan 3 Mumuuka Inged (territory

Overseer) 4 Faruyaga

Mginged(griculture) 5 FUamallln (organizer) 6 Senrukuy Tulos(finance) 7 Kemem1 Kadatan(spiritu

comrrittee doctor seer) 8 Civil Society Orgt nizaions 9 Seayunon(faison spokesn) 10 Finlilan(Women os group) 11 Mngungud(youth middots group) 12 Diyg Fenuwo(village police)

TIMFADA LlMUD (Tribal Congress)

MINTED SA INGED Administrative

Council of Chieftains

I TimloLabi (Tnbal Head ClUeftain)

2 TI(~BlC)6l(Vic-Tribalchidlain)

J Ayo T las (ony) J Sagtnltk0) TIa (T reasurcr) 5 Miwmb (8)

SELIMUDO FENUWO

Local Council of Chieftains I I

I II Sitio I I SitiD I

KOYORAN (SITIO)

I FAGILIDAN

(Supreme Jus1 ices) IKefedewan

shy

I Fenuwo Executive Body

Tvnggv Kuarigan 2 Svngko Kasarig8n

II Sitio I

Bibliography

Accion Contra EI Hambre (2005) Broken lives fragile dreams A Vulnerability study of five ethnic commumties in Maguindanao and Lanao del Sur Cotabato City ACH

Alejo A E (2000) Generating energies in Mount Apo Cultural politics in a contested environment Quezon City Ateneo de Manila University Press

Convention (No 169) Concerning Indigenous and Tribal Peoples in Independent Countries (September 1991) httpwwwunhchrchlhtmlmenu3b62htm

Datumanong Abubacar M (2005) The Maguindanaon Datus Their role in resolving conflict Unpublished Doctoral Dissertation Notre Dame University Cotabato City

Gowing P amp Mc Amis R (1974) The Muslim Filipinos Manila Solidaridad Publishing House

Hoebel A E (972) Anthropology The study of man New York McGraw - Hill Book Company

Hughes L (2003) The No-Nonsense guide to indigenous peoples Oxford Verso

Lacson RD C (2005) Aromanon Manobo armed conflict experiences strategies UPhilippines

Cultural npublished

coping theses

mechanisms Xavier Unive

and rsity

19

MUNICIPAL

BARANGAY ~ I

Samfeton (Fenuwo Justices)

1 Tvnggu Samfeton 2 Svngko Samfeton

REMFING FENUWO (MUNICIPAL)

Remfong Fenuwo Juces I Remflng F enuwo Kasangan (Kefedewan) l Baglalan J (Admi~isral ive Body)

(Executrve Body) I Tmvy Kasarigan 2Svngku Kanrigan

II Sitio I

I

18

Mastura Michael O (1979) The rulers of Mindanao in modern history 1515-1903 Research Proj ect No 5 Modem Philippine History Program Quezon City Philippine Social Science Council

Mc Kenna T M (1998) Muslim rulers and rebels Manila Anvil Publishing Inc

Rodil B R (1994) The minonttzation of indigenous communities of Mindanao and the Sulu archipelago Davao City Alternate Forum for Research in Mindanao Inc

Schlegel S (1970) Tiruray Justice California Berkley University Press Inc

The World Bank (November 2003) Human development for peace and prosgerity in the Autonomous Region in Muslim Mindanao Pasig City The World Bank

Tilnuay Justice and Governance (2003) Oryentasyon Hinggil sa Timuay Justice and Governance Quezon City Philippine Peasant Institute

iJ

The Final Report of this research abstract is available at the University Research Center

20

-- -

The University R(~s(~ar(~h (~enter has three service units Sudo-EcOI loll lh Iltc sc UC1I (C I1I~1 (SIIltC) Institutional Resealch al(I I )cwduIlIIc III (11lt1)) IIml HIlIJIBull io (UB)

With its multi-service ullits Ut~ I III lvcs lly Iltl~N( III(1I C C~III( middotmiddot

performs the NDlJ Visioll-Missioll to NIWVC 1111 II CclIlc 1111 I lin meeting and dialogllc~ helw(~c~1I s(h~lIc 1111111111111 IIIltC IIIUlUlulf is to promote the advUlHxmwlI1 or klluwlcclgc 111111 cc VCluIIIIH111 III Central Mindanao alld Ul(~ AIltMM ar~~m~ 11I1CI1l1ol1i C~ Icmiddot VIIIII 1111111111111middot disciplinary approactl(~s Oil isSlws of d UllIgl 111111 c hVCIIII )1I1 C~1I1 ur peoples in this parI of Mir(lalllCl

Slll( ~ SOClo-ECONOMIC RESEARCH CENTER (lIqlql III (UIllbOlllulI VuU( IIMlury u tlon

resea rches on issues of d(wlopnwlIl lo( I HId tloII1I of prlvct and

public agencies instilutione in Ikqinll XII (e (utr1 MludUMO) 1nd the Autonomous Region in Mu~lIm MhIIIIIO (ARMM) rcu Idntlnr d In the East Asean Growth Arc (fAtiA) lJulVIIUII

INSTITUTIONAL RESEARCH

AND DEVELOPMEN

serves as the reSttHeh 1I1 e1 Imlm) rn of th Unlv providing assistance to Unlwl lIy ( 10f II (un

researthes and planning dlvclopl1Unl Jgtl oqrdm for lltIlutiona l development

DATABANKDB ~-~ provides wll(( lion of fu t regions of Mindanao Pll rtJcu llrly till Autonomou

Mindanao (ARMM) Rcqlon XII (( ntr 11Mlndu)

It allows information J((rss dnd trlev1

system with the FederiCO Aquino Intfmcl of N httpwwwnduJapcnclorgurcdb

Notr~fDame Urdversity Cotabato City

Research Monograph No 30

In~igenous Self-Governance Practices

of the Teduray

This Research Monograph Series presents the researches conducted by the University Research Center

Notre Dame University Cotabato City

Page 13: URC_2006_Indigenous Self-Governance Practices of the Teduray

Mastura Michael O (1979) The rulers of Mindanao in modern history 1515-1903 Research Proj ect No 5 Modem Philippine History Program Quezon City Philippine Social Science Council

Mc Kenna T M (1998) Muslim rulers and rebels Manila Anvil Publishing Inc

Rodil B R (1994) The minonttzation of indigenous communities of Mindanao and the Sulu archipelago Davao City Alternate Forum for Research in Mindanao Inc

Schlegel S (1970) Tiruray Justice California Berkley University Press Inc

The World Bank (November 2003) Human development for peace and prosgerity in the Autonomous Region in Muslim Mindanao Pasig City The World Bank

Tilnuay Justice and Governance (2003) Oryentasyon Hinggil sa Timuay Justice and Governance Quezon City Philippine Peasant Institute

iJ

The Final Report of this research abstract is available at the University Research Center

20

-- -

The University R(~s(~ar(~h (~enter has three service units Sudo-EcOI loll lh Iltc sc UC1I (C I1I~1 (SIIltC) Institutional Resealch al(I I )cwduIlIIc III (11lt1)) IIml HIlIJIBull io (UB)

With its multi-service ullits Ut~ I III lvcs lly Iltl~N( III(1I C C~III( middotmiddot

performs the NDlJ Visioll-Missioll to NIWVC 1111 II CclIlc 1111 I lin meeting and dialogllc~ helw(~c~1I s(h~lIc 1111111111111 IIIltC IIIUlUlulf is to promote the advUlHxmwlI1 or klluwlcclgc 111111 cc VCluIIIIH111 III Central Mindanao alld Ul(~ AIltMM ar~~m~ 11I1CI1l1ol1i C~ Icmiddot VIIIII 1111111111111middot disciplinary approactl(~s Oil isSlws of d UllIgl 111111 c hVCIIII )1I1 C~1I1 ur peoples in this parI of Mir(lalllCl

Slll( ~ SOClo-ECONOMIC RESEARCH CENTER (lIqlql III (UIllbOlllulI VuU( IIMlury u tlon

resea rches on issues of d(wlopnwlIl lo( I HId tloII1I of prlvct and

public agencies instilutione in Ikqinll XII (e (utr1 MludUMO) 1nd the Autonomous Region in Mu~lIm MhIIIIIO (ARMM) rcu Idntlnr d In the East Asean Growth Arc (fAtiA) lJulVIIUII

INSTITUTIONAL RESEARCH

AND DEVELOPMEN

serves as the reSttHeh 1I1 e1 Imlm) rn of th Unlv providing assistance to Unlwl lIy ( 10f II (un

researthes and planning dlvclopl1Unl Jgtl oqrdm for lltIlutiona l development

DATABANKDB ~-~ provides wll(( lion of fu t regions of Mindanao Pll rtJcu llrly till Autonomou

Mindanao (ARMM) Rcqlon XII (( ntr 11Mlndu)

It allows information J((rss dnd trlev1

system with the FederiCO Aquino Intfmcl of N httpwwwnduJapcnclorgurcdb

Notr~fDame Urdversity Cotabato City

Research Monograph No 30

In~igenous Self-Governance Practices

of the Teduray

This Research Monograph Series presents the researches conducted by the University Research Center

Notre Dame University Cotabato City

Page 14: URC_2006_Indigenous Self-Governance Practices of the Teduray

-- -

The University R(~s(~ar(~h (~enter has three service units Sudo-EcOI loll lh Iltc sc UC1I (C I1I~1 (SIIltC) Institutional Resealch al(I I )cwduIlIIc III (11lt1)) IIml HIlIJIBull io (UB)

With its multi-service ullits Ut~ I III lvcs lly Iltl~N( III(1I C C~III( middotmiddot

performs the NDlJ Visioll-Missioll to NIWVC 1111 II CclIlc 1111 I lin meeting and dialogllc~ helw(~c~1I s(h~lIc 1111111111111 IIIltC IIIUlUlulf is to promote the advUlHxmwlI1 or klluwlcclgc 111111 cc VCluIIIIH111 III Central Mindanao alld Ul(~ AIltMM ar~~m~ 11I1CI1l1ol1i C~ Icmiddot VIIIII 1111111111111middot disciplinary approactl(~s Oil isSlws of d UllIgl 111111 c hVCIIII )1I1 C~1I1 ur peoples in this parI of Mir(lalllCl

Slll( ~ SOClo-ECONOMIC RESEARCH CENTER (lIqlql III (UIllbOlllulI VuU( IIMlury u tlon

resea rches on issues of d(wlopnwlIl lo( I HId tloII1I of prlvct and

public agencies instilutione in Ikqinll XII (e (utr1 MludUMO) 1nd the Autonomous Region in Mu~lIm MhIIIIIO (ARMM) rcu Idntlnr d In the East Asean Growth Arc (fAtiA) lJulVIIUII

INSTITUTIONAL RESEARCH

AND DEVELOPMEN

serves as the reSttHeh 1I1 e1 Imlm) rn of th Unlv providing assistance to Unlwl lIy ( 10f II (un

researthes and planning dlvclopl1Unl Jgtl oqrdm for lltIlutiona l development

DATABANKDB ~-~ provides wll(( lion of fu t regions of Mindanao Pll rtJcu llrly till Autonomou

Mindanao (ARMM) Rcqlon XII (( ntr 11Mlndu)

It allows information J((rss dnd trlev1

system with the FederiCO Aquino Intfmcl of N httpwwwnduJapcnclorgurcdb

Notr~fDame Urdversity Cotabato City

Research Monograph No 30

In~igenous Self-Governance Practices

of the Teduray

This Research Monograph Series presents the researches conducted by the University Research Center

Notre Dame University Cotabato City