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CHAPTER III: The Tribal Judiciary and Tribal Courts

Clause 52.  The trial and adjudication of tribal cases are the powers of the Tribal Courts which must be carried out in accordance with the customary laws, natural law, and practices in the name of the H.M.R.H.K. Babaylans, Datus and Tribal Kings are independent in trial and adjudication of tribal cases, by its customary laws and practices in the swift and fair manner, and without any partiality, as may be prescribed by or in accordance with the By-laws or Regulations.  

 

Clause 53.  The tribal judicial authority of Tribal Kingdom vests in the tribal courts which comprise- the Tribal High Court (hereinafter referred to as “Dadantulan”), and Tribal Lower Court as may be prescribed by or in accordance with the By-laws or Regulations.   

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Clause 54.    There shall be a tribal judiciary of Tribal Kingdom consists of—

 

(a)  The H.M.R.H.K, who is the Head of the tribal judiciary;

 

(b)  The Babaylanon Tribal Kings, Executive Tribal Kings Staff, and Administrative Tribal Kings Staff are both the same judges of the Dadantulan; and   

 

(c) The Territorial Tribal Baylans, Territorial Tribal Kings, and the Auxiliary Tribal Kings are the judges of the Tribal Lower Court in every cities or municipality as may be prescribed by or in accordance with the By-laws or Regulations.  

   

(d) Tribal Judiciary referred to in this section are the Tribal Kings or Datus of the Tribal Kingdom, because of, in the customary rules of the indigenous peoples, the role of a Tribal King or Datu are automatically the judges and attorneys of its society.      

 

Clause 55.  There shall be a Tribal Counselor of Tribal Courts in trial and adjudication of common cases, which are the Datus of the Tribal Kingdom as may be prescribed by or in accordance with the By-laws or Regulations.