Thesis, Undergraduate (BA Social Science) -- U. P. in Mindanao

Institutionalized in the marriage practices of the Tagakaolo, like other groups of indigenous people (IP), are tedious contracts of the giving of 'brideprice', locally termed sablag, that are asked by the women's side from the groom's side. In times of conflict an d separation in this marriages, the Tagakaolo usually resort back to what have been given and spent in the acquisition of the wife. This paper examines one case of a dispute locally termed ?inilugay ug asawa? or ?taking of somebody's wife? that has occurred among the Tagakaolo of Barangay Buca, Sta. Maria, Davao del Sur, in relation to the IP's integration into the national legal system. A certain degree of ?legal pluralism? has emerged with the existence of both the state law and the customary law. This paper finds that the existence of both state and customary legal systems continuously gives ?alternatives? or ?options? for the complainants in dispute cases. Moreover, the IP status of the Tagakaolo offers a plurality of options for venues including dispute despite settlement using their customary law, especially when the parties in a dispute are all Tagakaolo. This case highlights the seeming indispensability of the Tagakaolo Justice system in resolving disputes in marriage at present, which however at the same time would have possibly invoked state-court trial in case of failure in the customary law trial.