Rediscovering Olden Pathways and Vanishing Trails to Justice and Peace:

Indigenous Modes of Dispute Resolution and Indigenous Justice Systems

By Maria Roda L. Cisnero
REACTION PAPER

Long before the Philippines was discovered and conquered by Spain, we already have our own
means of justice system. This is usually composed of elders, who are considered the wisest among the
community, acting as mediators to hear and settle disputes. The way of resolving conflicts among
members of the community differs from one region to another. The mechanisms for settling disputes are
intimately connected to the beliefs, customs and deep-rooted values that indigenous people have in their
own unique community. The point is that, centuries ago, these mechanisms of settling disputes already
existed for the purpose of attaining justice.
At present, indigenous dispute resolution mechanisms (IDRM) are being looked at due to the
continuing institutionalization of various alternative dispute resolution (ADR) mechanisms in the
administration of justice in the Philippines.
Honestly, I am not that aware of the indigenous dispute resolution mechanisms that are being
practiced here in the Philippines. It does not seem to be widely practiced maybe because of the lack of
recognition and formalization of these indigenous dispute resolution mechanisms. It is interesting to know
of information about some conflicts in different parts of the country being resolved through the use of
indigenous dispute resolution mechanisms to attain peace and justice among the parties involved. The
indigenous dispute resolution process is generally initiated by a complainant or an offended party
approaching an elder to report an offense and seek resolution. The elder confers with members of the
council of elders and calls for a dialogue. A date or a given time is set for the actual dialogue, and the
involved parties are notified. The process commonly begins with an opening ceremony, ritual or prayer.
From this process, it can be inferred that the dispute resolution is being regarded as sacred with the
incorporation of ceremonies, rituals and prayers as rooted in our culture and tradition. As mentioned in the
article, the prevailing element and institutional foundation of these indigenous dispute resolution
mechanisms and indigenous justice system is still driven by the need to strengthen community
relationships and instill good values and norms. The main purpose of
In the article, it was stated that the main purpose of indigenous justice system has been the
maintenance of stability, peace and harmony in the community. I am convinced that the intention of these
indigenous dispute resolution mechanisms and indigenous justice system is to serve justice. However, I
am hesitant about its application in relation to criminal cases such as those relating to killings like the
tribal war mentioned therein where I felt disturbed that it was simply settled that way thinking that many
lives were taken. There are some conflicts that I think should just be within the scope of the court. I
support its application to most conflicts but not all considering that it is intended for the promotion of
justice and that justice will be served to persons who resort to the indigenous justice system.