Property right
The idea of property right among the Igorot is clear. The recognition of property right is universal, and is seldom disputed, notwithstanding the fact that the right of ownership rests simply in the memory of the people—the only property mark being the ear slit of the half-wild carabao.
The majority of property disputes which have come to light since the Americans have been in Bontoc probably would not have occurred nor would the occasion for them have existed in a society of Igorot control. It is claimed in Bontoc that the Spaniard there settled most disputes which came to him in favor of the party who would pay the most money. In this way, it is said, the rich became the richer at the expense of the poor. This condition is suggested by recent reclamos made by poor people. Again, since the American heard the reclamos of all classes of people, the poor who, according to Igorot custom, forfeited sementeras to those richer as a penalty for stealing palay, have come to dispute the ownership of certain real property.
Personal property of individual
Most articles of personal property are individual. Such property consists of clothing, ornaments, implements, and utensils of out-of-door labor, the weapons of warfare, and such chickens, dogs, hogs, carabaos, food stuffs, and money as the person may have at the time of marriage or may inherit later.
Four of the richest men of Bontoc own fifty carabaos each, and one of them owns thirty hogs. Two other men and a woman, all called equally rich, own ten head of carabaos each. Others have fewer, while two of the ten richest men in the pueblo, have no carabaos. Some of these men have eight granaries, holding from two to three hundred cargoes each, now full of palay. Carabaos are at present valued in Bontoc at about 50 pesos, and hogs average about 8 pesos. All rich people own one or more gold earrings valued at from one to two carabaos each. page 160
The so-called richest man in Bontoc, Lak-ay′-ĕng, has the following visible personal property:
Articles
|
Value in peso
|
Fifty carabaos, at 50 pesos each
|
2,500
|
Thirty hogs, at 8 pesos each
|
240
|
Eight full granaries, with 250 1-peso cargoes
|
2,000
|
Eight earrings, at 75 pesos each
|
600
|
Coin from sale of palay, hogs, etc.
|
1,000
|
Total
|
6,340
|
The above figures are estimates; it is impossible to make them exact, but they were obtained with much care and are believed to be sufficiently accurate to be of value.
Personal property of group
All household implements and utensils and all money, food stuffs, chickens, dogs, hogs, and carabaos accumulated by a married couple are the joint property of the two.
Such personal property as hogs and carabaos are frequently owned by individuals of different families. It is common for three or four persons to buy a carabao, and even ten have become joint owners of one animal through purchase. Through inheritance two or more people become joint owners of single carabao, and of small herds which they prefer to own in common, pending such an increase that the herd may be divided equally without slaughtering an animal. Until recent years two, three, and even four or five men jointly owned one battle-ax.
As the Igorot acquires more money, or, as the articles desired become relatively cheaper, personal property of the group (outside the family group) is giving way to personal property of the individual. The extinction of this kind of property is logical and is approaching.
Real property of individual
The individual owns dwelling houses, granaries, camote lands about the dwellings and in the mountains, millet and maize lands. in the mountains, irrigated rice lands, and mountain lands with forests. In fact, the individual may own all forms of real property known to the people.
It is largely by the possession or nonpossession of real property that a man is considered rich or poor. This fact is due to the more apparent and tangible form of real than personal property. The ten richest people in Bontoc, nine men and a woman, own, it is said, in round numbers one hundred sementeras each. The average value of a sementera is 10 pesos for every cargo of palay it produces annually. A sementera producing 10 cargoes is rated a very good one, and yet there are those yielding 20, 25, 30, and even 40 cargoes. page 161
It is practically impossible to get the truth concerning the value of the personal or real property of the Igorot in Bontoc, because they are not yet sure the American will not presently tax them unjustly, as they say the Spaniard did. But the following figures are believed to be true in every particular. Mang-i-lot′, an old man whose ten children are all dead, and who says his property is no longer of value because he has no children with whom to leave it, is believed to have spoken truthfully when he said he has the following sementeras in the five following geographic areas surrounding the pueblo:
Geographic area
|
Number of sementeras
|
Number of cargoes produced
|
Magkang
|
6
|
15
|
Kogchog
|
3
|
5
|
Felas
|
1
|
8
|
Toyub
|
1
|
5
|
Samuiyu
|
2
|
10
|
Total
|
13
|
43
|
These sementeras produce the low average of 3⅓ cargoes. The average value of Mang-i-lot's′ sementeras, then, is 33⅓ pesos—which is thought to be a conservative estimate of the value of the Bontoc sementera. Mang-i-lot′ is rated among the lesser rich men. He is relatively, as the American says, “well-to-do.” However, when a man possesses twenty sementeras he is considered rich.
The richest man in Bontoc, with one hundred sementeras, has in them, say, 3,330 pesos worth of real property in addition to his 6,340 pesos of personal property.
It is claimed that each household owns its dwelling and at least two sementeras and one granary, though a man with no more property than this is a poor man and some one in his family must work much of the time for wages, because two average sementeras will not furnish all the rice needed by a family for food.
A dwelling house is valued at about 60 pesos, which is less than it usually costs to build, and a granary is valued at about 10 or 15 pesos. It is constructed with great care, is valueless unless rodent proof, and costs much more than its avowed valuation.
Title to all buildings, building lands in the pueblo, and irrigated rice lands is recognized for at least two generations, though unoccupied during that time. They say the right to such unoccupied property would be recognized perpetually if there were heirs. At least it is true that there are now acres of unused lands, once palay sementeras, which have not been cultivated for two generations because water can page 162not be run to them, and the property right of the grandsons of the men who last cultivated them is recognized. However, if one leaves vacant any unirrigated agricultural mountain lands—used for millet, maize, or beans—another person may claim and plant them in one year's time, and no one disputes his title.
Real property of group
All real property accumulated by a man and woman in marriage is their joint property as long as both live and remain in union.
No form of real property, except forests, can be the joint property of other individuals than man and wife. Forests are most commonly the property of a considerable group of people—the descendants of a single ancestral owner. The lands as well as the trees are owned, and the sale of trees carries no right to the land on which they grow. It is impossible even to estimate the value of any one's forest property, but it is true that persons are recognized as rich or poor in forests.
Public property
Public lands and forests extend in an irregular strip around most pueblos. There is no public forest, or even public lands, between Bontoc and Samoki, but Bontoc has access to the forests lying beyond her sister pueblo. Neither is there public forest, or any forest, between Bontoc and Tukukan, and Bontoc and Titipan, though there are public lands. In all other directions from Bontoc public forests surround the outlying private forests. They are usually from three to six hours distant. From them any man gathers what he pleases, but until the American came to Bontoc the Igorot seldom went that far for wood or lumber, as it was unsafe. Now, however, the individual will doubtless claim these lands, unless hindered by the Government. In this manner real property was first accumulated—a man claimed public lands and forests which he cared for and dared to appropriate and use. There have been few irrigated sementeras built on new water supplies in two generations by people of Bontoc pueblo. The “era of public lands” for Bontoc has practically passed; there is no more undiscovered water. However, three new sementeras were built this year on an island in the river near the pueblo, and are now (May, 1903) full of splendid palay, but they can not be considered permanent property, as an excessively rainy season will make them unfit for cultivation.
Sale of property
Personal property commonly passes by transfer for value received from one party to another. Such a thing as transfer of real property from one Igorot to another for legal currency is unknown; the transfer page 163is by barter. The transfer of personal property was considered in the preceding section on commerce.
Real property is seldom transferred for value received except at the death of the owner or a member of the family; at such times it is common, and occurs from the necessity of quantities of food for the burial feasts and the urgent need of blankets and other clothing for the interment.
Again, camote lands about the dwellings are disposed of to those who may want to build a dwelling. Dwellings are also disposed of if the original occupant is to vacate and some other person desires to possess the buildings.
Death may destroy one's personal property, such as hogs and carabaos, but almost never does an Igorot “lose his property,” if it is real. Only a protracted family sickness or a series of deaths requiring the killing of great numbers of chickens, hogs, and carabaos, and the purchase of many things necessary for interment can lose to a person real property of any considerable value.
There is no formality to a “sale” of property, nor are witnesses employed. It is common knowledge within the ato when a sale is on, and the old men shortly know of and talk about the transaction—thenceforth it is on record and will stand.
Rent, loan, and lease of property
Until recent years, long after the Spaniards came, it was customary to loan money and other forms of personal property without interest or other charge. This generous custom still prevails among most of the people, but some rich men now charge an interest on money loaned for one or more years. Actual cases show the rate to be about 6 or 7 per cent. The custom of loaning for interest was gained from contact with the Lepanto Igorot, who received it from the Ilokano.
It is claimed that dwellings and granaries are never rented.
Irrigated rice lands are commonly leased. Such method of cultivation is resorted to by the rich who have more sementeras than they can superintend. The lessee receives one-half of the palay harvested, and his share is delivered to him. The lessor furnishes all seed, fertilizers, and labor. He delivers the lessee's share of the harvest and retains the other half himself, together with the entire camote crop—which is invariably grown immediately after the palay harvest.
Unirrigated mountain camote lands are rented outright; the rent is usually paid in pigs. A sementera that produces a yield of 10 cargoes of camotes, valued at about six pesos, is worth a 2-peso pig as annual rental. In larger sementeras a proportional rental is charged—a rental of about 33⅓ per cent. All rents are paid after the crops are harvested. page 164
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