‘Legitimizing’tribal marriages
>> Tuesday, November 8, 2011
BEHIND THE SCENES
Alfred P. Dizon
LA TRINIDAD, Benguet– Baket Aning had long accepted the fact that sooner or later, her ailing husband of more than 50 years would leave her for the Great Unknown.
Before her husband passed away, she thought that somehow, she would tide things over from benefits due her husband. But alas, she had a hard time claiming her Social Security System and insurance pensions as she was not “legally” married to her husband.
Being Tingguians, BaketAning and her husband Tang Luciowere wed in tribal ceremonies and somehow, didn’t think about complications as a result of not having a government or Christian marriage license.
To the couple, their indigenous marriage was sacred. But then, their union was not recognized by the government as it was not put in writing.
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A lot of indigenous couples in the country have the same predicament as gleaned from a two-day consultation on Nov. 4-5 among indigenous peoples in Region 1 and the Cordillera with the National Commission on Indigenous Peoples headed by its chairperson ZenaidaPawid. The affair was held at the Gladiola Building of the Benguet State University in this capital town.
According to Sheryl Marie Awichen-Belagan, regional NCIP community affairs officer, their office was holding similar consultations in various parts of the country to set mechanisms that would fully legalize tribal or indigenous marriages.
The NCIP, she added issues “marriage certifications” to couples who would like to avail of the document in accordance with Administrative Order 3, Series of 2004. This AO was a joint circular crafted by the NCIP and the National Statistics Office to give “legitimacy” to tribal marriages. Belagan said even foreign embassies like that of the US in Manila now recognize such certifications.
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Before one gets the NCIP certification, a couple has to accomplish certificates of confirmation from tribal elders, the local civil registrar and those of “disinterested persons.” Applicants also have to produce documentary evidence like birth certificates, land titles or tax declarations.
This prompted one tribal elder to say that it is much easier to get married in a Christian wedding as all one has to do, aside from the occasional pep talk from priests or nuns is to be present during the wedding rites.
It was observed that even in marriage, indigenous peoples, who were not converted to Christianity seemed to be marginalized as they had to accomplish a lot of documents for their marriage to be recognized by government.
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Jaime “Tigan-o” Dogao of the Kankanaey tribe from Sagada, Mountain Province summed it up when he said whether indigenous peoples like it or not, they have to cope with realities of the modern world like getting a marriage license which could be used for other purposes like getting an insurance policy or going abroad, unlike in the past when being wed needed not be inked on paper.
The municipal council member of the tourist town said being wed the indigenous way (like the Kankanaeys) was an intricate process which involved a lot of persons. Delegates agreed with Dogao’s view that in most cases among indigenous tribes, when parties of couples like their parents meet and share food, it meant that the couple had been wed. And among Kankanaeys, even if the actual celebration was not done, the couple could live together as man and wife.
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In Kalinga, Fr. Salidao, an Anglican priest said marriages were often officiated or prearranged to bring peace among warring tribes or clans.
Before Dogao spoke, some were of the view that the government’s insistence through the NCIP of “legitimizing” marriages was an imposition on tribal customs and traditions. But they later agreed that even in this wireless age, documentary evidence was needed for “legitimacy” in transactions.
There were contending arguments on “legitimizing” indigenous marriages. The forum was an eye-opener as sentiments were brought out on the issue. me thinks, the NCIP was in the right direction for holding fora like this.
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Where this would lead to in terms of legislation is another story. Meanwhile, if you are a member of a tribe and you would like to marry or would want to have your indigenous marriage “legitimized,” you have options. For the men, just don’t go around sowing wild oats before marriage or you could be in a lot of trouble.
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