Land Ownership Systems|Tublay
B. Land Ownership Systems
Traditional land ownership involved a sharing system between the “baknangs” and their kin that guaranteed mutual responsibilities for the land, the produce and the animals. (Footnote the cultural fallout by Ruth Alcantara).
Under the Ibaloy custom, the land was the property of the person who worked it first, except forestland, which though restricted in certain areas, was communally owned. (Discussed in detail in forest management). Under the kankanaey custom, accounts related that an ibadoy in palew, pointed out a parcel of land to which they (kankanaey) would inhabit, which is located in Ambassador, of which to date, their populace increased.
For the Ibaloys, “tawid” (inheritance) is the common distribution of property to the children. A bigger portion is given to the youngest child with the condition that he/she is expected to stay with the parents and take care of them. “Ita-kem sha si nanang tan tatang sha”. Same with the Kankanaeys.
It is true with the kankanaeys in tubday, “tawid “ (inheritance) is the manner of ownership. However, land transfer within the family follows some specific form. The eldest and the youngest members of the family get a wider portion of the land. The educated member of the family gets lesser part of the inheritance than the uneducated.
For the Ibaloys, modes of acquisition is in any of the following:
Dagbo – a form of payment for labor.
Daho – lots are being sold to relatives or to the other residents of the barangay.
Salsha or Salsha-tungkal – a form of acquiring land through an agreement with the involvement of money. The first agreement is through “salsha”, after sometime, it will be considered sold if the borrower was not able to pay back the amount on the time frame agreed.
Sa-dat ni nay uhat - Form of land acquisition, in cases of death where in the family concern cannot provide animals or materials to be used in performing the rituals, a family kin or any individual within the community is asked to give what is needed (“mangi uhat”) such as animals to be butchered or any other materials to be used for the death ritual, with the lot of the dead person as payment.
“Sinadat” (Barter) – expensive farming equipment like “bareta”, “pala”, “arasho” and animals are being bartered with a piece of land.
“Kinaba” – a piece of land declared by an individual as his own hence he was the very first who introduced improvements and developments. These serve as proof of ownership. The more industrious the IP is, the more he can have “kinaba”.
As for the kankanaeys of Tubday, they acquire their lands through the following modes:
lnobla/pinanad. The first to work or settle on a vacant piece of land gets to own the land. And proofs of ownership are improvements and developments the owner has introduced into the land. These include fencing and building canals for a pastureland and terracing for rice fields.
lnsukat or lnbalintan. This is a barter system through which a piece of land may be exchanged for an animal or another piece of land.
Tawid. This is an unwritten customary law governing succession of properties. It is, in other words, an inheritance system.
Gisda/Gisseng. A lending agreement under which a piece of land becomes the collateral for an amount of money borrowed. Under the agreement, the land is considered sold if the borrower cannot return the money on the agreed time.
Pugo. This refers to selling lands in cash.
Salda/benben. This is a type of loan, which needs a witness. Both parties usually seal their transaction with a cup of tapey or rice wine. Priority for the loan is the nearest kin and neighbors if nobody from the kin will get it.