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Of The: First Regular Session

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THIRTEENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES 1
First Regular Session ) 7

Introduced by Senator Flavier

EXPLANATORY NOTE

The Bodong is a territorially-based bilateral covenant of non-aggression between


Kalinga villages, the centerpiece of which is an indigenous unwritten mechanism for
processing its breach and regulating inter-village relations. Its objective is to maintain
peace and stability within the village and create bonds of amity between villages.

The duty and obligation of Bodong holders in the community is paramount. While
it may be accurate to say that the Bodong holder cannot guarantee complete safety, there
are many things that the Bodong holder actually guarantees, such as the following: 1)
swift investigation of an injury or death allegedly caused by a co-villager against a
kabodong; 2) final determination of the identity of the covenant violator and consequent
punishment commensurate to the gravity of the violation or as provided by the covenant;
3) indemnity for loss, injury or death due to the violation; 4) assistance to a kabodong
who gets sick within the village territory; 5) retui2 of a kabodong's body who died of
illness within its territory; and 6 ) assurance of village hospitality.

In the Pagta or law of the Bodong, the Bodong holder shall faithfdly enforce and
execute the provisions of the Pagta; prosecute with dispatch cases brought to his
attention until the same have been settled to the satisfaction of both parties; not allow the
severance of the Bodong without complying with the provisions of Pagta; and arrest or
cause the arrest of the violator of the Pagta.

For most Kalinga, the Bodong is not only the result of the creation of a binding
legal relationship but it is also an important social activity. The convergence of both is
what they poignantly equate as the essence of life itself not only because peace insures
the perpetuation of their lives but also because the very activity itself makes them feel
alive.

The Peace Pact Holders or the Bodong holders are revered members of the
community, more than a barangay captain or a law enforcer. It is for this reason that they
should be accorded recognition and legal status as recognition and legal status as persons
in authority in their own tAbal barangay.

Immediate passage of this bill is therefore earnestly requested.


5E i?d M E
Flr;;E O F THE ~~~~~~~~~

THIRTEENTH CONGRESS OF THE REPUBLIC )


OF THE PHILIPPINES “)
First Regular Session )

SENATE

S. No.

Introduced by Senator Fiavier

AN ACT
ACCORDING OFFICIAL STATUS AND LEGAL RECOGNITION TO TRIBAL
PEACE PACT HOLDERS IN THE PROVINCE OF KALINGA AND OTHER
AREAS WITH SIMILAR PRACTICE AS PERSONS IN AUTHORITY IN THEIR
OWN TRIBAL JURISDICTIONS, AMENDING FOR THE PURPOSE ARTICLE
ONE HUNDRED AND FIFTY-TWO OF ACT NUMBERED THIRTY-EIGHT
HUNDRED AND FIFTEEN AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

SECTION 1. Upon recognition by the members of his or her tribe and

certification as such by the National Commission on Indigenous Peoples (NCIP), Peace

Pact Holders are hereby accorded official status and legal recognition as persons in

authority in their own jurisdictions.

SEC. 2. Article One Hundred and Fifty-‘l‘wo of Act Numbered Thirty-Eight

Hundred and Fifteen, as amended, is hereby further amended to read as follows:

“ART. 152. Person in Authority and Agents of Persons in Authority. - Who shall

be deemed as such. - In applying the provisions of the preceding and other articles of this

Code, any person directly vested with jurisdiction whether as an individual or a member

of some court or government-owned or controlled corporation, board, or commission,

shall be deemed a person in authority.

“Any person who, by direct provision of law or by election or by appointment by

competent authority, is charged with the maintenance of public order and the protection

and security of life and property, such as barangay councilman, barangay policeman,

barangay leader, officers and membes of the Community Brigades, and any person who

comes to the aid of persons in authority, shall be deemed an agent or person in authority.

A barangay captain and/or barangay chairman AND TRIBAL PEACE PACT HOLDERS
c

J
N THEIR OWN JURISDICTIONS shall also be deemed as persons in authority. In
applying the provisions of Articles 148 and 151 of this Code, teachers, professors, and

persons charged with the supervision of public ,,or duly recognized private schools,

colleges and universities, shall be deemed persons ip authority.”

SEC. 3. All laws, decree, rules and regulations inconsistent herewith are hereby

repealed, amended or modified accordingly.

SEC. 4. This Act shall take effect upon its approval.

Approved,

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