Diversion

Diversion refers to an alternative, childappropriate
process
of
determining
the
responsibility and treatment of a child in conflict
with the law on the basis of his/her social, cultural,
economic, psychological or educational background
without resorting to formal court proceedings.
Diversion Program refers to the program that the
child in conflict with the law is required to undergo
after he/she is found responsible for an offense
without resorting to formal court proceedings.

2

Who shall undergo diversion?
The CICL shall undergo diversion proceedings if
he/she:
a. Is above fifteen (15) years but below eighteen
(18) years of age;
b. Acted with discernment; and
c. Allegedly committed an offense with an
imposable penalty of not more than six (6)
years of imprisonment if diversion is
conducted at the barangay, police or
prosecutor’s level, and not more than twelve
(12) years of imprisonment, if diversion is
resorted to by the court.
3

Where diversion may be conducted
If the imposable penalty for the offense committed
is not more than six (6) years of imprisonment,
diversion may be conducted at the:
a. Katarungang Pambarangay level under the
Punong Barangay;
b. Police investigation stage under the law
enforcement officer; or
c. Inquest or preliminary investigation stage
under the prosecutor.
4

Where diversion . . .

If the offense with the imposable penalty of not
more than six (6) years imprisonment is a
victimless crime, the diversion proceedings shall be
conducted by the LSWDO in coordination with the
BCPC.
If the imposable penalty for the offense committed
exceeds six (6) years of imprisonment but not more
than twelve (12) years of imprisonment, diversion
may resorted to only by the court.

5

Diversion Committee



Convene the dialogue between the CICL, his/her
parents/guardians and victim



Identify the appropriate program for the CICL
and his/her family



Come up with a directory of programs or
services being implemented by GOs, NGOs, POs,
schools and faith-based organization

6

Diversion Committee



Composition:
a. Katarungang Pambarangay
Chair:
Punong Barangay
Members:
• Barangay Kagawad (Chairperson on
Committee on Children, Women and
Family)
• Chief Tanod
• Sangguniang Kabataan Chairperson
• PTA President
• NGO representative
• Faith-based organization representative
• Local Social Welfare and Development
Officer
7

Diversion Committee

b. Law Enforcement
Chair: Law Enforcement Officer
Members:
• BCPC member
• People’s organization representative
• Local Social Welfare and Development Officer
• Public Attorney’s Office lawyer
c. Prosecutor
Chair: Prosecutor
Members:
• BCPC member
• People’s organization representative
• Local Social Welfare and Development Officer
8
• Public Attorney’s Office lawyer

Diversion Process
1. Diversion proceedings
 Conflict resolution
 Formulation of diversion program
 Formulation of diversion contract
 Acceptance and signing of diversion contract
2. Implementation
3. Monitoring and supervision
4. Termination

9

Diversion Process Flowchart
Step 1
Diversion Proceedings
(within 45 days)



Meeting or series of meetings facilitated by
either the Punong Barangay, law enforcement
officer, prosecutor or a judge, depending on
the level of diversion conducted



Parties involved in the offense to come up
with an agreement that will benefit the
concerned parties



LSWDO shall assist in the conduct of the
diversion proceedings in all levels

10

CONDUCT OF DIVERSION PROCEEDINGS
Responsible Persons
a. Barangay Level – chaired by the Punong
Barangay with assistance from members of the
BCPC
b. LSWDO Level – conducted by the social worker
c. Law Enforcement Level – conducted by law
enforcement officer with assistance of the
LSWDO
d. Prosecutor Level – conducted by the prosecutor
during inquest or preliminary investigation stage
11

DIVERSION: Diversion Proceedings

1. CONFLICT RESOLUTION
• Stage where dispute is settled among the
CICL, his/her parents/guardian and offended
party.
• Different approaches which may include but
not limited to mediation, conferencing,
conciliation or any indigenous mode of conflict
resolution may be used
• Provide opportunities for dialogue between
the victim and CICL to talk about the offense
and their views and feelings, share
information and come up with the decision to
develop a mutually satisfactory written
restitution agreement.
12


The victim who is not ready to
The victim who is not ready to
speak should be given the
speak should be given the
choice to decline from retelling
choice to decline from retelling
his/her story of abuse and
his/her story of abuse and
seeing her perpetrator to avoid
seeing her perpetrator to avoid
cyclic victimization.
cyclic victimization. However,
However,
this does not stop the diversion
this does not stop the diversion
proceeding
from
pushing
proceeding
from
pushing
through.
through.

13


2. FORMULATION OF DIVERSION PROGRAM/
ACTIVITY
• Program composed of community-based
interventions at the barangay level to prevent
re-entry of the CICL into the formal juvenile
justice system
• Programs and services should provide
opportunities for the CICL for learning new
experiences that will eventually lead to positive
behavioral change or actions
• Ask the CICL and his/her parents of what they
can do to mend the harm done.
14


• Parties identify appropriate services that the
different
agencies,
organizations
and
stakeholders may provide to the CICL for
his/her eventual rehabilitation.
• Ask the victim, if available, for his/her
suggestions on activities that the CICL shall
undertake.
• Diversion program can be
intervention which already
community.

a package of
exists in the

15


Kinds of Diversion Program
1. At the level of the Punong Barangay:
a. Restitution of property - return of the property to
the rightful owner.
b. Reparation of the damage caused - repair of the
damaged property by the CICL himself.
c. Indemnification for consequential damages – this
includes reimbursement of the expenses incurred
by the owner in the repair or restoration of the
damaged property or in mending the injury;
Payment of the actual cost of restoring the
damaged property; and Replacement of the
lost/sold/broken property.
16


d. Written or oral apology - Oral and written
apologies should include the promise of the CICL
not to commit the same offense again and the
acceptance of possible punishment for reoffending
e. Confiscation and forfeiture of the proceeds or
instruments of the crime. Proceeds of the crime
shall be given to the offended party, as part of the
indemnification by the CICL.
f. Care, guidance and supervision orders - includes
giving advice to the CICL and her/his
parents/guardians (when necessary) by the
authority conducting the diversion proceedings
17


g. Counseling for the child in conflict with the law
and the child’s family - : It is helping the child and
his/her family become aware of themselves, and
the ways in which they react to the behavioral
influences of their environment
h. Attendance in trainings, seminars and lectures on:
(i) anger management skills;
(ii) problem solving and/or conflict resolution
skills;
(iii) values formation; and
(iv) other skills which will aid the child in dealing
with situations which can lead to repetition of
the offense;
g. Participation in education, vocation and life skills
programs.
18


2. At the level of the law enforcement officer and the
prosecutor:
a. Diversion programs specified under paragraphs (1)
(a) to (1)(i) herein; and
b. Confiscation and forfeiture of the proceeds or
instruments of the crime;
3. At the level of the appropriate court:
a. Diversion programs specified under paragraphs (a)
and (b) above;
b. Written or oral reprimand or citation;
c. Fine;
d. Payment of the cost of the proceedings; or
e. Institutional care and custody.
19


Other forms of diversion program


Assist in caring infants and other children with
special needs, the elderly and those with
disabilities in government and non-government
institutions;



Act as care-giver, tutor, reader, etc. to pre-school
children in Day Care Centers, street children ,
senior citizens and other institutions;



Conduct tree planting, vegetable gardening,
garbage collection, cleaning of surroundings,
drainage of canals and other environmental
sanitation activities;
20




Assist in the repair of center’s facilities such as
recreational and sports centers, furniture, kitchen,
bedrooms and other significant structure;



Assist in the construction or repair of playground and
sport facilities as well as initiate beautification
projects such as painting, decorations of pathways,
planting of ornamental plants, etc..



Access to other government agencies providing
programs for the youth such as: the Department of
Labor and Employment (DOLE) Department of
Tourism (DOT), Department of Public Works and
Highways (DPWH), Department of Health (DOH),
Department of Environment and Natural Resources
(DENR).
21


3. FORMULATION OF DIVERSION CONTRACT
The contract of diversion is considered as the
responsibility or accountability of the CICL to
restore the harm done in view of the offense
committed.
Contract shall indicate the individualized
diversion program as well as the rights,
responsibilities and accountabilities of the
CICL, his/her parents or guardians and the
offended party, when applicable

22


DIVERSION CONTRACT
Republic of the Philippines
Municipality/City of _____________
Barangay ______________________
Barangay Council for the Protection of Children

DIVERSION CONTRACT
Para sa pinakamabuting kapakanan ng bata na nagkasala sa
batas na si _________________________, ng biktima na si
______________________,
at
ng
buong
komunidad,
napagkasunduan ang mga sumusunod:
Para sa Bata na Nagkasala sa Batas:
1. (Halimbawa: Maglilinis sa parke ng barangay tuwing Sabado
8:00 am - 11:00 am mula sa buwan ng Enero 2007
hanggang sa buwan ng Hunyo ng parehong taon.
2. __________________________________

23


DIVERSION CONTRACT

Para sa Kanyang mga Magulang:
1. (Halimbawa: Sasamahan ang kanilang anak sa opisina ng
social worker tuwing siya ay bibisita rito tuwing ika-unang
lunes ng buwan simular Enero 2007 hanggang Disyembre ng
parehong taon.
2. ______________________________________________
Para sa Nagrereklamo/Biktima:
1. (Halimbawa: Ipapaalam sa council at sa social worker ang
anumang napansin o napag-alamang hindi pagsunod ng
batang inirereklamo sa kontratang ito.
2. Titiyakin ang paglinis ni (pangalan) sa parke tuwing sabado
24


DIVERSION CONTRACT

Local Social Welfare and Development Officer:
1. (Halimbawa: Magbibigay ng counseling sessions sa batang
si (pangalan) tungkol sa kanyang
___
2. _____________________
BCPC:
1. (Halimbawa: Bibisita sa eskwelahan ng batang si
(pangalan) upang mapag-alaman ang kanyang paggawi
at karagdagang pangangailangan.
2. _____________________

25


DIVERSION CONTRACT

Itong kontrata ay nilagdaan ngayong ika ____ ng ______ 2007.
__________________
CICL

____________________
Mga Magulang ng CICL

__________________
Biktima

____________________
LSWDO

BCPC Members:
__________________

____________________

Pinanukalaan ni (Noted by):
___________________________
Chair, Diversion Committee
26


4. ACCEPTANCE AND SIGNING OF DIVERSION
CONTRACT


When agreement is reached, the CICL, and his/her
parents shall sign a written diversion contract



Endeavor to obtain agreement of the offended party
in the formulation of the individualized diversion
program.



Victim’s acceptance of or agreement to the diversion
program is not required for a contract to be valid.



Diversion proceedings must be completed within
forty-five (45) days from referral.



If no agreement has been reached, proceedings shall
be terminated.
27


CERTIFICATION OF FAILURE OF DIVERSION
PROCEEDINGS
This is to certify that
committed the offense

(name of CICL)
(type of offense)

who

[ ] does not agree to undergo a diversion program
[ ] diversion is not appropriate and applicable to the case at
hand
due to the
1.
2.
3.

following reasons:
____________________________________________
____________________________________________
____________________________________________

This certification is issued on

(date)

(Name & Signature)
Chair, Diversion Committee

28


Voluntary admission: A contract of diversion
may
be
entered
during
the
diversion
proceedings when the child voluntarily admits
the commission of the act. The voluntary
admission of the CICL during the diversion
proceedings shall be only deemed as consent to
undergo the diversion program and shall not be
considered a plea of guilt.

Admission not to be taken against the child: Any admission
of the CICL shall not be used against the child in any
subsequent judicial, quasi-judicial or administrative
proceedings. Neither shall admission be used against the
child through denial of privileges and opportunities,
discrimination in treatment, or imposition of any form of
liability or punishment by reason of such admission.
29

The absence of the offended
party in the diversion proceedings
or his/her disagreement in its
conduct shall not prevent the
proceedings from being
conducted.

30

Diversion Process
Step 1
(within 45 days)

Settlement/
Diversion Activity
Accepted?

Y
Step 2
Implementation of
diversion program

31

IMPLEMENTATION OF DIVERSION
PROGRAM


Authority conducting the diversion proceeding shall be
responsible in ensuring that the agreed diversion program
is implemented



LSWDO shall also assist in the identification and
implementation of diversion support services or referral to
concerned entities to avail of its services



Support services may also be provided to the families of
the CICL



Implementation of diversion program should not exceed 2
years



The C/MSWDO shall provide the necessary services to the
victim
32

DIVERSION: Implementation

Services for the Victim
The victim can avail of or be referred to other
appropriate agencies for any of the following
services:
•
•
•
•
•
•

Protective services for minors
Psychosocial services
Educational services
Livelihood/skills training
Capital assistance
Job placement

33

DIVERSION: Implementation

Community Volunteers


Shall be organized to assist LSWDO and BCPC in
the implementation of the diversion program



Volunteers maybe parents, barangay workers,
youth organizations, people’s organization and
other concerned citizens who are child advocates
in the community



Conduct socio-civic activities, community
education and crime prevention campaigns



LGU may provide minimal assistance to the
community volunteers
34

Encourage both the CICL and the
family as well as the family of the
offended party to participate in the
entire process of diversion.

In the spirit of restorative justice, the social
worker should also assess the effects of the
crime to the psychosocial functioning of the
victim, and if assessed to be necessary, provide
appropriate psychosocial intervention following
the case management process.
35

Diversion Process
Step 1
(within 45 days)

Settlement/
Diversion Activity
Accepted?

Y
Step 3
Monitoring and
supervision by LSWDO

Step 2
Implementation of
diversion program

36

DIVERSION: Supervision

SUPERVISION AND MONITORING


In all levels of diversion, the C/MSWDO is
mandated to supervise and monitor the CICL and
his/her parents as to their compliance to the
diversion contract



Conduct frequent visit to the CICL’s home and
school



Avail of the services of community volunteers



Should there be failure of compliance, the
LSWDO certifies such failure of compliance
•

refer the case to the law enforcement officer
37
or prosecutor for appropriate action


DIVERSION PROGRAM MONITORING FORM
__________________________
City/Municipality
_________________________
Barangay
DIVERSION PROGRAM MONITORING FORM
Date
A. Basic Information:
Name of the CICL: ___________________________________________
Birth Date _____________________ Age: ________ Sex: ______
School: ______________________________ Grade/Level: _________
Address: ___________________________________________________
Father: ____________ Mother ____________ Guardian ____________
B. The Case
Nature of the Offense: ________________________________________
Date of Contract Signing:
38
______________________________________

MONITORING FORM


Type/Nature of
Diversion Activity

Results
(Include CICL’s Compliance
Recommendation
as well as Hindering and
Facilitating Factors)

1.

2.

3.

4.

5.
39


CERTIFICATION OF FAILURE OF DIVERSION

This is to certify that
(name of CICL)
who
committed the offense
(type of offense)
has
failed to comply with the diversion contract to which he/she entered
into with the
[ ] Katarungang Pambarangay
[ ] Law Enforcement Officer
[ ] Local Social Welfare and Development Officer
[ ] Prosecutor
due to the following reasons:
1. ________________________________________________
2. ________________________________________________
3. ________________________________________________
This certification is issued on
(Name & Signature)
LSWDO

(date)

40

Diversion Process
Step 1
(within 45 days)

Settlement/
Diversion Activity
Accepted?

Y
Step 3
Monitoring and

Step 2
Implementation of
diversion program

CICL and
family complied
with diversion
contract?
Y
Step 4
Case Terminated

41

TERMINATION OF
DIVERSION PROGRAM


When the agreements set in the contract have
been complied with by all parties concerned and
when the CICL has been rehabilitated



LSWDO to prepare terminal report for submission
to the LCPC



Provide aftercare services after the termination of
diversion program

42

DIVERSION PROGRAM TERMINAL REPORT
____________________
City/Municipality
________________________
Barangay
DIVERSION PROGRAM TERMINAL REPORT
Date
A. Basic Information:
Name of the Child:
___________________________________________
Birth Date: ______________________ Age: _______ Sex: _______
Address:
___________________________________________________
Grade/Year: _____________ School: ___________________________
Father: ____________ Mother: ____________ Guardian: ___________
Telephone/Mobile Number _____________________________________
Offense Committed: _________________________________________
B. The Offended Party:
Name: _________________________ Age: _______
Sex: ________
Address: __________________________ Telephone/Mobile #: _______

43

__________________________________________________________
TERMINAL REPORT
_
__________________________________________________________
_
D. Type of Diversion Program:
__________________________________________________________
_
__________________________________________________________
_
E. Assessment and Final Result of the Diversion Program
Implementation (include observable changes in the child’s behavior):
__________________________________________________________
_
__________________________________________________________
_
__________________________________________________________
_
F. Further Recommendations:
__________________________________________________________
_
__________________________________________________________
_

44

Prepared by:

Diversion Process
Step 1
(within 45 days)

Settlement/
Diversion Activity
Accepted?

Forward records to
Prosecutor for another
diversion

N

Y
Step 3
Monitoring and

Step 2
Implementation of
diversion program

Y

Settlement/
Diversion Activity
Accepted?

N
CICL and
family complied
with diversion
contract?

If from Prosecutor
N

For preliminary
investigation

If from barangay/LEO/
LSWDO

Y
Step 4
Case Terminated

45

Be neutral. The mediator shall be neutral, impartial and
independent during the entire mediation process. Remember
that the role of mediator is to assist the disputing parties in
settling their differences.
Send Message Clearly. Use a language that is understood by
all. Avoid words and expressions that have different meanings
to different people and non-verbal communication like facial
expression that may not be acceptable to other people. Avoid
long and winding explanations.
Focus on the issue. Focus on the issue of resolving the conflict
or case. Remember that the mediator is there not to satisfy
his/her own curiosity or the desire to satisfy his/her need for
information.
Be calm. Focus on the issue i.e. what the offense and its
effect, and what both parties could do to reach a win-win
solution.
47

Listen Generously. Show interest by listening sincerely and
attentively. Listening will help you gather adequate
information in order to correctly guide parties in reaching
agreements. Before expressing your comments, impressions
and conclusions, make sure that you have understood the
whole situation.
Never use offensive words. Do not use degrading words.
Observe confidentiality at all times. All discussions during the
diversion proceedings should not be divulged orally or in
written form to anybody who is not involved in the case.
Respect the one speaking. Allow time for each party for their
own story to be heard fully, and tell them to let other person
finish talking before batting in.
Maintain proper decorum. At the start of the conference,
make it a ground rule not to make name calling and shouting.
Provide an atmosphere where both sides could talk properly
and in subdued manner.
48

Allow both parties to share their sides. Remember that the
main purpose of the proceeding is for both parties to talk
about the crime and repair the hurts/harms brought by the
crime committed by the CICL. Advice, possible
options/directions could be given to both parties after the
dialogue.
Paraphrase and acknowledge. It helps in understanding the
situation if the authority conducting the mediation
paraphrases the words/spoken language to a more
understandable and gentle/subtle manner. Both parties can be
better understood by listening actively, acknowledging and
paraphrasing their arguments. Express views without
provocations or aggravating the situation. This is an effective
tool to “disarm” or calm both parties while understanding their
point of view.
Be patient. Being the one who controls the procedural aspects
and determines the course of the activity, the success of the
proceeding is basically dependent on your mood/ disposition.
49

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