Debunking the Myths of SALA: Bukidnon’s Indigenous Justice System

Introduction: Why Talk About SALA?

When people in Bukidnon hear the word SALA, the first thing that often comes to mind is fear. The phrase “ipa-SALA gyud ka anang mga lumad” is sometimes thrown around like a threat — as if being subjected to sala means facing death or violent punishment.

But is this really what sala is? Or have we misunderstood one of the most important indigenous institutions that has held Lumad communities together for centuries?

In celebration of Indigenous Peoples Month, let’s take a closer look at what sala truly means, where the misconceptions come from, and why it remains a cornerstone of peace and justice among Bukidnon’s indigenous groups.

What is SALA?

SALA is the indigenous justice system of many Lumad groups in Bukidnon (Higaonon, Talaandig, Tigwahanon, Umayamnon, among others).
It is a customary conflict resolution process led by tribal elders or councils (datus, baes, balaghusay).
Its main purpose: to restore peace, repair broken relationships, and maintain harmony in the community.

Unlike Western systems of justice that often focus on punishment (jail, fines, execution), sala emphasizes reconciliation, restitution, and healing.

Legal Recognition of SALA

The Indigenous Peoples’ Rights Act of 1997 (RA 8371) recognizes indigenous justice systems like sala. Section 15 states:

“Indigenous peoples have the right to use their own commonly accepted justice systems, conflict resolution institutions, peace-building processes, or mechanisms, provided these are not incompatible with national laws and internationally recognized human rights.”

This means sala isn’t just “tradition” — it’s legally recognized and protected. The National Commission on Indigenous Peoples (NCIP) even requires primacy of customary laws in IP disputes (NCIP Administrative Circular No. 1, 2003).

How SALA Works

Typical stages (synthesized from ethnographic sources):
1. Complaint / Discovery — An alleged wrong is raised to the community.
2. Calling elders / council — The balaghusay/datu/bae convenes or accepts the case. Talamdan
3. Hearing — Both parties present, witnesses called, questioning done publicly. Talamdan+1
4. Deliberation & Ruling — Decision via customary rules; remedy is usually restitution, ritual, or social sanction (non-inheritance, banishment). bryllejohn.blog+1
5. Ritual closure / enforcement — Offerings, oath-taking, or other rites finalize reconciliation; enforcement is social, spiritual, and reputational rather than state coercion. Talamdan
Who decides: usually a council of elders (datus, baes) or recognized tribal leaders; their legitimacy is cultural and community-based. When disputes overlap with state jurisdiction or when one party refuses customary resolution, cases can escalate to barangay courts or national courts. Judiciary eLibrary+1

👉 Importantly: physical violence or death is NOT part of sala today.

The Myth of Death Penalty in SALA

Historically, there is evidence that some Lumad groups once used the death penalty under sala. But this practice was abolished more than 50 years ago.

In 1969, Higaonon elders gathered and agreed to abolish capital punishment in sala, realizing it “would make the situation worse.”
Since then, penalties shifted toward restitution and reconciliation.

So when people still assume “ipa-SALA” means execution, they are repeating an outdated myth that no longer reflects reality.

SALA in Action: Case Studies

Higaonon of Impasug-on (Hinabol):
Shifted from harsh penalties (including death) to restorative measures such as livestock fines, banishment, or rituals.
Higaonon of Malitbog:
Use tribal councils for mediation. Only if sala fails do conflicts move to barangay or state courts.
Tigwahanon & Umayamnon (2016):
A violent tribal war in Bukidnon was settled through sala and customary laws, showing its power in large-scale peacebuilding.
Talaandig Tribe (Lopez, 2016):
Customary justice emphasizes restitution, ritual reconciliation, and the spiritual dimension of justice — very similar to Higaonon practices.

The Spiritual and Social Dimension

One reason sala works is because of its spiritual weight.

Agreements are made in the presence of ancestors and spirits.
Breaking sala isn’t just breaking community rules — it risks curses, misfortune, and loss of honor.
This moral and spiritual force is often stronger than any police or court.

Legal & policy context (how Philippine law treats sala)

RA 8371 (IPRA) recognizes ICC/IP rights to their customary laws and conflict resolution mechanisms, but subject to compatibility with national law and human rights standards. This gives sala legal recognition and legitimacy. Lawphil+1
NCIP implementing rules / Administrative Circulars affirm the primacy of customary law in IP disputes and require state agencies to respect customary decision-making in field processes (e.g., FPIC, land matters). However, NCIP also recognizes limits where human rights or public law are implicated. Judiciary eLibrary+1

Practically, this creates parallel authority: customary council decisions have community legitimacy and are legally respected, but state courts retain criminal jurisdiction and human rights protections apply. When conflict arises between customary ruling and national law, state mechanisms may intervene (or the case may be remitted to the courts). Lawphil+1