Kalinga Customary Law And Philippine Criminal Justice System: Implication For Conflict Resolution

Abstract

This study explores the Kalinga customary law, and the Philippine criminal justice system in resolving conflicts. Grounded in legal pluralism, restorative justice theory, and conflict transformation theory, the research examines how indigenous and formal justice systems coexist, how law enforcement processes cases involving customary law, the challenges in integration, and possible recommendations for improvement. A qualitative hermeneutic phenomenological design was employed to capture the lived experiences and interpretations of participants, including Philippine National Police personnel, prosecutors, barangay officials, and Bodong holders/IPMRs in Kalinga. Findings reveal that the Bodong system promotes fast and efficient conflict resolution, strong community involvement, and restorative justice that emphasizes reconciliation and social harmony. Law enforcement agencies complement these practices by fulfilling legal mandates while providing mediation, legal guidance, and respect for victim autonomy. However, challenges persist, particularly delays in formal justice processes that lead to complainant disengagement, and tensions between customary reconciliation and the requirement for criminal accountability in serious offenses. The study concludes that both systems can complement each other in promoting culturally responsive and effective justice. It recommends strengthening institutional coordination, defining the boundaries of customary law, adopting a victim-centered approach, enhancing capacity building and education, and encouraging further research to support a more integrated justice system.