CONDUCT OF

DIVERSION FOR
CHILDREN IN
CONFLICT THE WITH
LAW
 Diversion Defined
(Sec. 4 (i), R. A. 9344)

Refers to an alternative, child appropriate

process of determining the responsibility and
treatment of a CICL on the basis of his/her
social, cultural, economic, psychological or
educational background without resulting 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
 Principles in the implementation of
Diversion Program
⮚ Use of Positive Measures
⮚ Full mobilization of all possible resources, which
include the family, volunteers, schools and other
community institutions
⮚ Effective , fair and humane dealing with the child
⮚ Promotion of the well-being of the child
Who shall undergo diversion?
▪ The CICL shall undergo diversion proceedings if he/she:
a) Is above fifteen (15) years old but below eighteen (18) years
old 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.
 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 (Rule #43 RA 9344;Section 32-a SC
Revised Rule on CICL )
b) Police investigation stage under the law
enforcement officer (Rule #44 RA 9344; Sec 32-c SC
Revised Rule on CICL )
c) Inquest or preliminary investigation stage under the
prosecutor (Rule 55 RA 9344; Sec 32-c SC Revised
Rule on CICL)
 Where diversion may be
conducted
(c) At the level of the appropriate court:
(1) Diversion programs specified under paragraphs
(a) and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine;
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody;
 Where diversion may be conducted
▪ Section 9. Procedure for Children Not Exempted from
Criminal Liability. – A child fifteen (15) years and one (1) day
old or above but below eighteen (18) years of age at the time
of the commission of the offense shall, at the sound
discretion of the court and subject to its supervision, be
released on recognizance to the care of the willing and
responsible mother or father, or appropriate guardian or
custodian, or, in their absence, the nearest relative. However,
if the prosecution determines that the child acted with
discernment, the child shall be proceeded against in
accordance with Sections 24 to 27 or, in case of diversion,
Sections 29 to 37 of this Rule.
 Who conducts and assists in
diversion

STEP 1.
DETERMINE IF DIVERSION IS APPROPRIATE AND
DESIRABLE FOR THE CICL
 Who conducts and assists in
diversion

STEP 1.
DETERMINE IF DIVERSION IS APPROPRIATE AND
DESIRABLE FOR THE CICL
Factors In Determining If Diversion
Is Appropriate

1. Nature and circumstances of the offense charged;

2. Frequency and severity of the act;
Factors In Determining If Diversion
Is Appropriate
3. Circumstances of the child (age, maturity, intelligence,
etc.);
4. Influence of the family & environment on child’s growth;
5. Reparation of injury to the victim;
6. Weight of the evidence against the child;
7. Safety of the community;
8. Best interest of the child.
 Step 2.

CONSTITUTE BARANGAY, LSWDO,

LAW ENFORCEMENT,
PROSECUTION,COURT DIVERSION
COMMITTEE
 Composition Barangay Diversion
Committee
The diversion committee is chaired by the Punong Barangay
and may include:
•LSWDO
•Barangay Kagawad
•Lupon Tagapamayapa member
•BCPC member
•Chief Tanod
• Member of Task Force on Child & Youth Development
•NGO Representative
• PTA President
•Representative of faith-based organization
 Composition Law Enforcement
Diversion Committee
B) Law Enforcement
Chair: Law Enforcement Officer
Members:
* BCPC member
* Sangguniang Kabataan Chairperson
* NGO representative
* Faith-based organization
* People’s organization representative
* Local Social Welfare and Development
Officer
* Public Attorney’s office Lawyer
 Composition Prosecution Diversion
Committee
C. Prosecution Level
Chair : Prosecutor
Members:
* BCPC member
* Sangguniang Kabataan Chairperson
* NGO representative
* Faith-based organization
representative
* People’s organization representative
* Local Social Welfare and Development
Officer
* Public Attorney’s Office Lawyer
 Composition Court Diversion
Committee
D. Court

Chairperson : Branch Clerk of Court;

Members:
▪ Prosecutor,
▪ Lawyer of the Public Attorney’s Office assigned to the court,
▪ Social worker assigned by the court to the child, as members.

In the absence of a Branch Clerk of Court, the chairperson shall be

designated by the judge. (a) Section 29.
 STEP 3

CALL A MEETING & EXPLAIN TO THE

CICL WHY DIVERSION IS BEING
CONDUCTED
 FAQ

• Whose consent is required in the diversion proceeding?

Consent of the CICL & the parents or guardians shall be
obtained in arriving at a contract of diversion.
When the consent of either NOT OBTAINED, diversion
proceedings terminated.
 Participants of the diversion proceedings
⮚ The Diversion Committee members

⮚ The Child and his/her family

⮚ The offended party

FAQ
If the offended party does not want to participate, what
happens?
The Punong Barangay will:

•refer the offended party to the appropriate WCPD officer

for the latter to explain how to file a civil case against the
CICL for the payment of the civil liability; and

•then continue in conducting the diversion proceedings.

 Who conducts and assists in
diversion at the Katarungang
Pambarangay
Shall be conducted by the
Lupon Tagapamayapa,
chaired by the Punong
Barangay with the
assistance of the members
of the Diversion Committee
and BCPC
 ROLES OF 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
 Duties Of Authority In
Conducting Diversion

1. Explain to the CICL, his

family
objective of diversion
proceeding, its value &
consequences of not
undergoing it;
 Duties Of Authority In
Conducting Diversion

2. Ask child circumstances of the offense,

motive or purpose and the factor that
led him to commit offense;
3. Ask child personal circumstances
including parents, family and peers’
educational status;
 Duties Of Authority In
Conducting Diversion

4. Make CICL understand consequences of

his actions and corresponding
responsibilities;
5. Ensure child understands and realizes his
accountability, be remorseful of his
actions and takes on the responsibility in
repairing harm instead of going to court.
 FAQ
Pending conduct of diversion
proceedings, who keeps custody of the
CICL?

Pending conduct of diversion proceedings, the custody of the

child is given to the parents, guardians, relatives or any
other responsible person in the community, taking into
consideration the best interest of the child in conflict with
the law.
 STEP 4
1. CONDUCT OF DIVERSION
PROCEEDINGS
 STEP 4
1. CONDUCT OF DIVERSION
PROCEEDINGS
 Nature of proceedings
The Punong Barangay with the assistance of the members
of the committee & BCPC shall conduct:
⮚ Mediation
⮚ Family Conferencing
⮚ Conciliation
⮚ If appropriate adopt indigenous modes of conflict
resolution with a view to accomplishing the objectives of
restorative justice
⮚ Formulation of a Diversion Contract
The Punong Barangay must ensure:

•Proceedings are child-friendly and sensitive to the

needs, welfare and the protection of the rights of CICL;
•Use language that is simple and understandable to the
CICL;
•Proceedings are conducted in a place where identities
of the child and the parties concerned are kept
confidential;
•There is enough privacy to avoid unnecessary
interruptions, distractions and/or participation from non-
parties that could humiliate or make the child feel
uncomfortable.
 FAQ
What if CICL would refuse to participate in the diversion
proceeding?

If the parents/guardian of the CICL still decide not to

participate in the diversion proceedings, the diversion is
deemed terminated and the Punong Barangay will:

•Issue a corresponding document certifying to the fact that

no agreement is reached because the CICL or his/her
parents/guardian refuse to participate in the diversion
proceedings; and
•Forward the CICL’s case (together with the certification of
failure of diversion) to the WCPD or the Prosecutor.
 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
 Diversion Process
Step 1
▪ Meeting or series of meetings facilitated by either the
Punong Barangay, law enforcement officer, prosecutor or a
clerck, 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
Diversion Process at court
level
Section 30 2019 Supreme Court Revised Guidelines on CICL
Proceedings Before Arraignment
The Diversion Committee shall determine if the child can be
diverted and referred to alternative measures or
services.
Pending determination of diversion, the court shall release
the child on recognizance to the parents, guardian, or
nearest relative; or if this is not advisable, commit the
child to a “Bahay Pag-asa” or youth rehabilitation
center which shall be responsible for the presence of
the child during the diversion proceedings.
 Diversion Process
Section 30

Proceedings Before Arraignment

If the Diversion Committee determines that diversion is not

proper, or when the child objects to the diversion, or
when there is failure of the diversion program if
undertaken by the child, it shall submit a report to the
court recommending that the case be subjected to
formal criminal proceedings
Diversion Process at court
level
Section 31 Proceedings Before the Diversion Committee

Upon receipt of a case for diversion from the Office of the

Clerk of Court, the chairperson shall call for a conference
with notice to the child, the mother or father, or guardian,
or in their absence, the nearest relative, the child’s
counsel, and the private complainant, to determine if the
child can undergo diversion program and aftercare and
community continuum services instead of subjecting the
child to formal court proceedings.
Diversion Process at court
level
In determining whether diversion is appropriate for the
child, the Committee shall consider the following
factors
(a) The nature and circumstances of the offense
charged;
▪ (b) The frequency and the severity of the act;
▪ (c) The circumstances of the child (e.g., age,
maturity, intelligence, etc.);
▪ (d) The influence of the family and environment
on the growth of the child;
Diversion Process at court
level
the Committee shall consider the following factors:
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.
If the Committee finds that diversion is appropriate, it shall design a diversion program in
accordance with Section 33 of this Rule for the consideration and approval of the
court. Should the Committee determine that diversion is not appropriate, it shall make
the corresponding report and recommendation in accordance with Section 29 of this
Rule. The Committee cannot recommend diversion in case the child objects .
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 workers
c) Law Enforcement Level – conducted by law
enforcement officer with assistance of the LSWDO
d) Prosecutor Level – conducted by the prosecutor during
the inquest or preliminary investigation stage
e) Court Level – conducted by Branch clerk of court before
the arrignment
 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
 Don’t forget
The victim who is not ready to speak should be
given the choice to decline from retelling
his/her story of abuse and seeing her
perpetrator to avoid cyclic victimization.
However, this does not stop the diversion
proceeding from pushing through.
 STEP 5

PREPARATION OF DIVERSION CONTRACT

 Contract Of Diversion
Entered during the Diversion
Proceedings when child voluntary admits commission
of the crime and shall only be deemed as
CONSENT TO UNDERGO Diversion Proceedings
not plea of guilt.
- Admission of CICL shall not be
used against the child in any subsequent judicial,
quasi-judicial or administrative proceedings.
Section 32 Diversion Programs

The Committee shall design a diversion

program taking into consideration the
individual characteristics and peculiar
circumstances of the child in conflict with
the law.
Section 32 Diversion Programs

The following factors shall be considered in formulating a

diversion program for the child:
(a) The child’s feelings of remorse for the offense he/she
committed;
(b) The parents’ or legal guardian’s ability to guide and
supervise the child;
(c) The victim’s view about the propriety of the measures to
be imposed;
Section 32 Diversion Programs

The following factors shall be considered in formulating a

diversion program for the child:
(d) The availability of community-based programs for
rehabilitation and reintegration of the child;
(e) The past records, if any, involving the child in conflict with
the law; and
(f) The likelihood that the child will be an obvious threat to
himself/herself and the community.
 2. Formulation of Diversion
Program/Activity
1. Program composed of community-based interventions
at the barangay level to prevent re-entry of the CICL
into the formal juvenile justice system
2. Programs and services should provide opportunities
for the CICL for learning new experiences that will
eventually lead to positive behavioral change or action
3. Ask the CICL and his/her parents of what they can do
to mend the harm done.
 2. Formulation of Diversion
Program/Activity
4. Parties identify appropriate services that the different
agencies, organizations and stakeholders may provide to the
CICL for his/her eventual rehabilitation.

5. Ask the victim, if available, for his/her suggestions on

activities that the CICL shall undertake.

6. Diversion program can be a package of intervention which

already exists in the community.
Kinds of Diversion Program
1. At the level of the Punong Barangay:
1) Restitution of property – return of the
property to the rightful owner.
2) Reparation of the damage caused – repair
of the damaged property by the CICL himself
3) Indemnification for consequential damages
-
4) Written or oral apology – oral or written apologies
should include the promise of the CICL not to commit
the same offense again and the acceptance of possible
punishment for re-offending
5) 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.
6) Care, guidance and supervision orders – includes
giving advice to the CICL and his/her
parents/guardians (when necessary) by the authority
conducting the diversion proceedings
7) 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
8) 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;
9) Participation in education, vocation and life skills programs.
2. At the level of the law enforcement officer and the prosecutor:
a. Diversion programs specified under the 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.
 Other forms of diversion
program
1. Assist in caring infants and other children with special
needs, the elderly and those with disabilities in
government and non-government institutions;
2. Act as care-giver, tutor, reader, etc. to pre school
children in Day Care Centers, street children, senior
citizens and other institutions;
3. Conduct tree planting, vegetable gardening, garbage
collection, cleaning of surroundings, drainage of canals
and other environment sanitation activities;
4. Assist in the repair of center’s facilities such as recreational and
sports centers, furniture, kitchen, bedrooms and other significant
structure;

5. 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..

6. Access to other government agencies providing programs for

youth such as : Department 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).
 FORMULATION OF DIVERSION CONTRACT

If, during the conferencing, mediation or conciliation, the child

voluntarily admits the commission of the act, a diversion program shall
be developed when appropriate and desirable as determined under
Section 30 of RA 9344 as amended and section 34 of 2019 Supreme
Court Revised Rules on CICL.

▪ The diversion program shall be effective and binding if accepted by

the parties concerned. The acceptance shall be in writing and signed by the
parties concerned and the appropriate authorities.
 FORMULATION OF DIVERSION CONTRACT

▪ The local social welfare and development officer shall supervise the
implementation of the diversion program. The diversion proceedings shall
be completed within forty-five (45) days. The period of prescription of the
offense shall be suspended until the completion of the diversion proceedings
but not to exceed forty-five (45) days.
FORMULATION OF DIVERSION
CONTRACT
The contract of diversion is considered as the
responsibility of 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
 Republic of the Philippines
Municipality 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: Maglinis sa parke ng barangay tuwing Sabado 8:00
am – 11:00am mula sa buwan ng Enero 2021 hanggang sa
buwan ng Hunyo ng parehong taon.
2. ________________________________
Para sa Kanyang mga Magulang:
1. (Halimbawa: Sasamahan ang kanilang anak sa
opisina ng Social Worker tuwing siya ay bibisit rito
tuuwing ika – unang lunes ng buwan simula Enero
2008 hanggang Disyembre ng parehong taon.
2. ____________________________
Para sa Nagrereklamo/Biktima:
3. (Halimbawa: Ipapaalam sa council at sa social
worker ang anumang napansin o mapag-alamang
hindi pagsunod ng batang inirereklamo sa kontratang
ito.
4. Tiyakin ang paglinis ni (pangalan) sa parke tuwing
sabado
LSWDO
1.(Halimbawa: Magbibigay ng counseling sessions sa
batang si (pangalan) tungkol sa
kanyang________________
2.________________________

BCPC
3.(Halimbawa: Bibisita sa eskwelahan ng batang si
(Pangalan) upang mapag-alaman ang kanyang paggawi
at karagdagang pangangailangan.
4._________________________________
Itong kontrata ay nilagdaan ngayong ika ___ ng _______________
2021.

__________ __________________
CICL Mga Magulang ng CICL

__________ ________________
Biktima LSWDO

BCPC Members:
____________ _______________

Pinanukalaan ni (Noted by):

___________________
Chair, Diversion Committee
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 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.
CERTIFICATION OF FAILURE OF
DIVERSION PROCEEDINGS
This is to certify that (Name of CICL) who committed the offense (type of
offense)
[ ] does not agree to undergo a diversion program
[ ] diversion is not appropriate and applicable to the case at hand
Due to the following reasons:
1.
2.
3.
This certification is issued on (Date)

Name and Signature

Chair, Diversion Committee
CERTIFICATION OF FAILURE OF
DIVERSION
Failure to comply with the terms and
conditions of the contract of diversion, as
certified by the LSWDO, shall give the offended
party the option to institute the appropriate
legal action. The period of prescription of the
offense shall be suspended during the
effectivity of the diversion program, but not
exceeding a period of two (2) years. (n)
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 & Development Officer
[ ] Prosecutor
due to the following reasons:
1. ___________________________________
2. ___________________________________
3.________________________________________
This certification is issued on (date)

(Name & signature)

LSWDO

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.
 Don’t forget
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.
3. Implementation of Diversion
Program
▪ Authority conducting the diversion proceedings 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 two (2)
years
▪ The C/MSWDO shall provide the necessary services to the victim
3. Implementation of Diversion
Program at court level
Section 35. Report of Social Worker

The court social worker shall conduct regular monthly

visits to the child undergoing diversion proceedings and
shall submit the corresponding reports about the status
of the diverted child to the Committee.
At any time before or at the end of the diversion period,
the Committee shall file with the court a report
recommending termination or extension of diversion, as
the case may be.
 3. Implementation of Diversion
Program at court level
Section 35. Report of Social Worker.
The report and recommendation shall be heard by the
court within fifteen (15) days from receipt, with notice to
the members of the Committee, the child, the mother or
father, or the appropriate guardian or custodian, or in the
absence thereof, the nearest relative, the child’s counsel,
and the complainant.
The court shall thereafter determine whether the diversion
program has been fully and satisfactorily complied
with. (a)
 3. Implementation of Diversion
Program
Section 36. Post-Diversion Order. (a) – On the basis of the report
and recommendation of the Committee, the court may:
(a) Issue a closure order terminating the case if it is convinced that
the child has complied satisfactorily with the diversion program; or
(b) Extend the period of diversion if it is convinced that the child may
still be rehabilitated; or
3. Implementation of Diversion
Program
(c) Order the case to undergo formal court proceedings if it finds that
the child has not complied with the diversion program, is incorrigible,
or that the program is not serving its purpose.
In case of a judicially approved transfer of residence of the CICL, the
court to which supervision of the diversion program was transferred
shall make the proper finding. If it finds that diversion has been
successful, it shall order the closure of the case. However, if it
determines that diversion has failed, it shall return the case to the
original court for formal criminal proceedings.
 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
Community Volunteers
▪ Shall be organized to assist LSWDO
and BCPC in the implementation of
the diversion program
▪ Volunteers may be 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
 Don’t forget
Encourage both the In the spirit of restorative justice,
the social worker should also
CICL and the family as assess the effects of the crime
well as the family of to the psychosocial functioning
the offended party to of the victim, and if assessed to
participate in the entire be necessary, provide
process of diversion. appropriate psychosocial
intervention following the case
management process
 4. SUPERVISION & 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 or
prosecutor for appropriate action
 DIVERSION PROGRAM MONITORING
FORM
_________________________________
City/Municipality
_________________________________
Barangay
DIVERSION PROGRAM MONITORING FORM
___________
Date
A. Basic Information:
Name of CICL: _______________________________________________________
Birth Date: ____________________________________ Age ______ Sex: ________
School: _______________________________________ grade/Level: ___________
Address ________________________________________
Father: _____________________ Mother: _____________ Guardian: ___________
B. The Case
Nature of the Offense: _________________________________________________
Date of Contract Signing: _______________________________________________
Agreed Day of Termination : _____________________________________________
 Type/Nature of Results Recommendation
Diversion Activity (Include CICL’s
Compliance as well as
Hindering & Facilitating
Factors)

1.

2.
3.
4.
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
[ ] Local Social Welfare & Dev’t. Officer
[ ] Prosecutor
due to the following reasons:
1. _____________________________
2. _____________________________
3. _____________________________
This certification is issued on (date)

Name and Signature

LSWDO
5. 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 service after the termination of
diversion program
 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 #______
C. Summary of the Case/Offense:
__________________________________________________________
__________________________________________________________
__________________________________________________________
D. Type of Diversion Program:
_______________________________________________________
_________________________________
E. Assessment and Final result of the diversion Program Implementation (Include
observable changes of the child’s
behavior):__________________________________________________
______________________________________________________
______________________________________________________
F. Further Recommendations:

______________________________________________________
______________________________________________________

Prepared By:

________________________
Social Worker
PROTOCOLS IN CONDUCTING
DIVERSION PROCEEDINGS
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.
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 bating in.
Maintain proper decorum. At the start of the
conference, make it a ground rule not to make calling
and shouting. Provide an atmosphere where both sides
could talk properly and in subdued manner.
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.
Questions
▪ Section 19. Conduct of Preliminary Investigation. – Preliminary
investigation shall be conducted in the following instances:
▪ (a) when the child in conflict with the law does not qualify for
diversion;
▪ (b) when the child, the parents or guardian do not agree to diversion
as provided in Sections 27 and 28 of Republic Act No. 9344, as
amended; or
▪ (c) when, after considering the assessment and recommendation of
the social worker, the prosecutor determines that diversion is not
appropriate for the child in conflict with the law. (a)
 CONDUCT OF
DIVERSION FOR
CHILDREN IN
CONFLICT THE WITH
LAW
 Diversion Defined
(Sec. 4 (i), R. A. 9344)

Refers to an alternative, child appropriate

process of determining the responsibility and
treatment of a CICL on the basis of his/her
social, cultural, economic, psychological or
educational background without resulting 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
 Principles in the implementation of
Diversion Program
⮚ Use of Positive Measures
⮚ Full mobilization of all possible resources, which
include the family, volunteers, schools and other
community institutions
⮚ Effective , fair and humane dealing with the child
⮚ Promotion of the well-being of the child
Who shall undergo diversion?
▪ The CICL shall undergo diversion proceedings if he/she:
a) Is above fifteen (15) years old but below eighteen (18) years
old 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.
 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 (Rule #43 RA 9344;Section 32-a SC
Revised Rule on CICL )
b) Police investigation stage under the law
enforcement officer (Rule #44 RA 9344; Sec 32-c SC
Revised Rule on CICL )
c) Inquest or preliminary investigation stage under the
prosecutor (Rule 55 RA 9344; Sec 32-c SC Revised
Rule on CICL)
 Where diversion may be
conducted
(c) At the level of the appropriate court:
(1) Diversion programs specified under paragraphs
(a) and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine;
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody;
 Where diversion may be conducted
▪ Section 9. Procedure for Children Not Exempted from
Criminal Liability. – A child fifteen (15) years and one (1) day
old or above but below eighteen (18) years of age at the time
of the commission of the offense shall, at the sound
discretion of the court and subject to its supervision, be
released on recognizance to the care of the willing and
responsible mother or father, or appropriate guardian or
custodian, or, in their absence, the nearest relative. However,
if the prosecution determines that the child acted with
discernment, the child shall be proceeded against in
accordance with Sections 24 to 27 or, in case of diversion,
Sections 29 to 37 of this Rule.
 Who conducts and assists in
diversion

STEP 1.
DETERMINE IF DIVERSION IS APPROPRIATE AND
DESIRABLE FOR THE CICL
 Who conducts and assists in
diversion

STEP 1.
DETERMINE IF DIVERSION IS APPROPRIATE AND
DESIRABLE FOR THE CICL
Factors In Determining If Diversion
Is Appropriate

1. Nature and circumstances of the offense charged;

2. Frequency and severity of the act;
Factors In Determining If Diversion
Is Appropriate
3. Circumstances of the child (age, maturity, intelligence,
etc.);
4. Influence of the family & environment on child’s growth;
5. Reparation of injury to the victim;
6. Weight of the evidence against the child;
7. Safety of the community;
8. Best interest of the child.
 Step 2.

CONSTITUTE BARANGAY, LSWDO,

LAW ENFORCEMENT,
PROSECUTION,COURT DIVERSION
COMMITTEE
 Composition Barangay Diversion
Committee
The diversion committee is chaired by the Punong Barangay
and may include:
•LSWDO
•Barangay Kagawad
•Lupon Tagapamayapa member
•BCPC member
•Chief Tanod
• Member of Task Force on Child & Youth Development
•NGO Representative
• PTA President
•Representative of faith-based organization
 Composition Law Enforcement
Diversion Committee
B) Law Enforcement
Chair: Law Enforcement Officer
Members:
* BCPC member
* Sangguniang Kabataan Chairperson
* NGO representative
* Faith-based organization
* People’s organization representative
* Local Social Welfare and Development
Officer
* Public Attorney’s office Lawyer
 Composition Prosecution Diversion
Committee
C. Prosecution Level
Chair : Prosecutor
Members:
* BCPC member
* Sangguniang Kabataan Chairperson
* NGO representative
* Faith-based organization
representative
* People’s organization representative
* Local Social Welfare and Development
Officer
* Public Attorney’s Office Lawyer
 Composition Court Diversion
Committee
D. Court

Chairperson : Branch Clerk of Court;

Members:
▪ Prosecutor,
▪ Lawyer of the Public Attorney’s Office assigned to the court,
▪ Social worker assigned by the court to the child, as members.

In the absence of a Branch Clerk of Court, the chairperson shall be

designated by the judge. (a) Section 29.
 STEP 3

CALL A MEETING & EXPLAIN TO THE

CICL WHY DIVERSION IS BEING
CONDUCTED
 FAQ

• Whose consent is required in the diversion proceeding?

Consent of the CICL & the parents or guardians shall be
obtained in arriving at a contract of diversion.
When the consent of either NOT OBTAINED, diversion
proceedings terminated.
 Participants of the diversion proceedings
⮚ The Diversion Committee members

⮚ The Child and his/her family

⮚ The offended party

FAQ
If the offended party does not want to participate, what
happens?
The Punong Barangay will:

•refer the offended party to the appropriate WCPD officer

for the latter to explain how to file a civil case against the
CICL for the payment of the civil liability; and

•then continue in conducting the diversion proceedings.

 Who conducts and assists in
diversion at the Katarungang
Pambarangay
Shall be conducted by the
Lupon Tagapamayapa,
chaired by the Punong
Barangay with the
assistance of the members
of the Diversion Committee
and BCPC
 ROLES OF 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
 Duties Of Authority In
Conducting Diversion

1. Explain to the CICL, his

family
objective of diversion
proceeding, its value &
consequences of not
undergoing it;
 Duties Of Authority In
Conducting Diversion

2. Ask child circumstances of the offense,

motive or purpose and the factor that
led him to commit offense;
3. Ask child personal circumstances
including parents, family and peers’
educational status;
 Duties Of Authority In
Conducting Diversion

4. Make CICL understand consequences of

his actions and corresponding
responsibilities;
5. Ensure child understands and realizes his
accountability, be remorseful of his
actions and takes on the responsibility in
repairing harm instead of going to court.
 FAQ
Pending conduct of diversion
proceedings, who keeps custody of the
CICL?

Pending conduct of diversion proceedings, the custody of the

child is given to the parents, guardians, relatives or any
other responsible person in the community, taking into
consideration the best interest of the child in conflict with
the law.
 STEP 4
1. CONDUCT OF DIVERSION
PROCEEDINGS
 STEP 4
1. CONDUCT OF DIVERSION
PROCEEDINGS
 Nature of proceedings
The Punong Barangay with the assistance of the members
of the committee & BCPC shall conduct:
⮚ Mediation
⮚ Family Conferencing
⮚ Conciliation
⮚ If appropriate adopt indigenous modes of conflict
resolution with a view to accomplishing the objectives of
restorative justice
⮚ Formulation of a Diversion Contract
The Punong Barangay must ensure:

•Proceedings are child-friendly and sensitive to the

needs, welfare and the protection of the rights of CICL;
•Use language that is simple and understandable to the
CICL;
•Proceedings are conducted in a place where identities
of the child and the parties concerned are kept
confidential;
•There is enough privacy to avoid unnecessary
interruptions, distractions and/or participation from non-
parties that could humiliate or make the child feel
uncomfortable.
 FAQ
What if CICL would refuse to participate in the diversion
proceeding?

If the parents/guardian of the CICL still decide not to

participate in the diversion proceedings, the diversion is
deemed terminated and the Punong Barangay will:

•Issue a corresponding document certifying to the fact that

no agreement is reached because the CICL or his/her
parents/guardian refuse to participate in the diversion
proceedings; and
•Forward the CICL’s case (together with the certification of
failure of diversion) to the WCPD or the Prosecutor.
 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
 Diversion Process
Step 1
▪ Meeting or series of meetings facilitated by either the
Punong Barangay, law enforcement officer, prosecutor or a
clerck, 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
Diversion Process at court
level
Section 30 2019 Supreme Court Revised Guidelines on CICL
Proceedings Before Arraignment
The Diversion Committee shall determine if the child can be
diverted and referred to alternative measures or
services.
Pending determination of diversion, the court shall release
the child on recognizance to the parents, guardian, or
nearest relative; or if this is not advisable, commit the
child to a “Bahay Pag-asa” or youth rehabilitation
center which shall be responsible for the presence of
the child during the diversion proceedings.
 Diversion Process
Section 30

Proceedings Before Arraignment

If the Diversion Committee determines that diversion is not

proper, or when the child objects to the diversion, or
when there is failure of the diversion program if
undertaken by the child, it shall submit a report to the
court recommending that the case be subjected to
formal criminal proceedings
Diversion Process at court
level
Section 31 Proceedings Before the Diversion Committee

Upon receipt of a case for diversion from the Office of the

Clerk of Court, the chairperson shall call for a conference
with notice to the child, the mother or father, or guardian,
or in their absence, the nearest relative, the child’s
counsel, and the private complainant, to determine if the
child can undergo diversion program and aftercare and
community continuum services instead of subjecting the
child to formal court proceedings.
Diversion Process at court
level
In determining whether diversion is appropriate for the
child, the Committee shall consider the following
factors
(a) The nature and circumstances of the offense
charged;
▪ (b) The frequency and the severity of the act;
▪ (c) The circumstances of the child (e.g., age,
maturity, intelligence, etc.);
▪ (d) The influence of the family and environment
on the growth of the child;
Diversion Process at court
level
the Committee shall consider the following factors:
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.
If the Committee finds that diversion is appropriate, it shall design a diversion program in
accordance with Section 33 of this Rule for the consideration and approval of the
court. Should the Committee determine that diversion is not appropriate, it shall make
the corresponding report and recommendation in accordance with Section 29 of this
Rule. The Committee cannot recommend diversion in case the child objects .
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 workers
c) Law Enforcement Level – conducted by law
enforcement officer with assistance of the LSWDO
d) Prosecutor Level – conducted by the prosecutor during
the inquest or preliminary investigation stage
e) Court Level – conducted by Branch clerk of court before
the arrignment
 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
 Don’t forget
The victim who is not ready to speak should be
given the choice to decline from retelling
his/her story of abuse and seeing her
perpetrator to avoid cyclic victimization.
However, this does not stop the diversion
proceeding from pushing through.
 STEP 5

PREPARATION OF DIVERSION CONTRACT

 Contract Of Diversion
Entered during the Diversion
Proceedings when child voluntary admits commission
of the crime and shall only be deemed as
CONSENT TO UNDERGO Diversion Proceedings
not plea of guilt.
- Admission of CICL shall not be
used against the child in any subsequent judicial,
quasi-judicial or administrative proceedings.
Section 32 Diversion Programs

The Committee shall design a diversion

program taking into consideration the
individual characteristics and peculiar
circumstances of the child in conflict with
the law.
Section 32 Diversion Programs

The following factors shall be considered in formulating a

diversion program for the child:
(a) The child’s feelings of remorse for the offense he/she
committed;
(b) The parents’ or legal guardian’s ability to guide and
supervise the child;
(c) The victim’s view about the propriety of the measures to
be imposed;
Section 32 Diversion Programs

The following factors shall be considered in formulating a

diversion program for the child:
(d) The availability of community-based programs for
rehabilitation and reintegration of the child;
(e) The past records, if any, involving the child in conflict with
the law; and
(f) The likelihood that the child will be an obvious threat to
himself/herself and the community.
 2. Formulation of Diversion
Program/Activity
1. Program composed of community-based interventions
at the barangay level to prevent re-entry of the CICL
into the formal juvenile justice system
2. Programs and services should provide opportunities
for the CICL for learning new experiences that will
eventually lead to positive behavioral change or action
3. Ask the CICL and his/her parents of what they can do
to mend the harm done.
 2. Formulation of Diversion
Program/Activity
4. Parties identify appropriate services that the different
agencies, organizations and stakeholders may provide to the
CICL for his/her eventual rehabilitation.

5. Ask the victim, if available, for his/her suggestions on

activities that the CICL shall undertake.

6. Diversion program can be a package of intervention which

already exists in the community.
Kinds of Diversion Program
1. At the level of the Punong Barangay:
1) Restitution of property – return of the
property to the rightful owner.
2) Reparation of the damage caused – repair
of the damaged property by the CICL himself
3) Indemnification for consequential damages
-
4) Written or oral apology – oral or written apologies
should include the promise of the CICL not to commit
the same offense again and the acceptance of possible
punishment for re-offending
5) 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.
6) Care, guidance and supervision orders – includes
giving advice to the CICL and his/her
parents/guardians (when necessary) by the authority
conducting the diversion proceedings
7) 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
8) 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;
9) Participation in education, vocation and life skills programs.
2. At the level of the law enforcement officer and the prosecutor:
a. Diversion programs specified under the 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.
 Other forms of diversion
program
1. Assist in caring infants and other children with special
needs, the elderly and those with disabilities in
government and non-government institutions;
2. Act as care-giver, tutor, reader, etc. to pre school
children in Day Care Centers, street children, senior
citizens and other institutions;
3. Conduct tree planting, vegetable gardening, garbage
collection, cleaning of surroundings, drainage of canals
and other environment sanitation activities;
4. Assist in the repair of center’s facilities such as recreational and
sports centers, furniture, kitchen, bedrooms and other significant
structure;

5. 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..

6. Access to other government agencies providing programs for

youth such as : Department 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).
 FORMULATION OF DIVERSION CONTRACT

If, during the conferencing, mediation or conciliation, the child

voluntarily admits the commission of the act, a diversion program shall
be developed when appropriate and desirable as determined under
Section 30 of RA 9344 as amended and section 34 of 2019 Supreme
Court Revised Rules on CICL.

▪The diversion program shall be effective and binding if accepted by the

parties concerned. The acceptance shall be in writing and signed by the parties
concerned and the appropriate authorities.
 FORMULATION OF DIVERSION CONTRACT

▪ The local social welfare and development officer shall supervise the
implementation of the diversion program. The diversion proceedings shall
be completed within forty-five (45) days. The period of prescription of the
offense shall be suspended until the completion of the diversion proceedings
but not to exceed forty-five (45) days.
FORMULATION OF DIVERSION
CONTRACT
The contract of diversion is considered as the
responsibility of 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
 Republic of the Philippines
Municipality 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: Maglinis sa parke ng barangay tuwing Sabado 8:00
am – 11:00am mula sa buwan ng Enero 2021 hanggang sa
buwan ng Hunyo ng parehong taon.
2. ________________________________
Para sa Kanyang mga Magulang:
1. (Halimbawa: Sasamahan ang kanilang anak sa
opisina ng Social Worker tuwing siya ay bibisit rito
tuuwing ika – unang lunes ng buwan simula Enero
2008 hanggang Disyembre ng parehong taon.
2. ____________________________
Para sa Nagrereklamo/Biktima:
3. (Halimbawa: Ipapaalam sa council at sa social
worker ang anumang napansin o mapag-alamang
hindi pagsunod ng batang inirereklamo sa kontratang
ito.
4. Tiyakin ang paglinis ni (pangalan) sa parke tuwing
sabado
LSWDO
1.(Halimbawa: Magbibigay ng counseling sessions sa
batang si (pangalan) tungkol sa
kanyang________________
2.________________________

BCPC
3.(Halimbawa: Bibisita sa eskwelahan ng batang si
(Pangalan) upang mapag-alaman ang kanyang paggawi
at karagdagang pangangailangan.
4._________________________________
Itong kontrata ay nilagdaan ngayong ika ___ ng _______________
2021.

__________ __________________
CICL Mga Magulang ng CICL

__________ ________________
Biktima LSWDO

BCPC Members:
____________ _______________

Pinanukalaan ni (Noted by):

___________________
Chair, Diversion Committee
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 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.
CERTIFICATION OF FAILURE OF
DIVERSION PROCEEDINGS
This is to certify that (Name of CICL) who committed the offense (type of
offense)
[ ] does not agree to undergo a diversion program
[ ] diversion is not appropriate and applicable to the case at hand
Due to the following reasons:
1.
2.
3.
This certification is issued on (Date)

Name and Signature

Chair, Diversion Committee
CERTIFICATION OF FAILURE OF
DIVERSION
Failure to comply with the terms and
conditions of the contract of diversion, as
certified by the LSWDO, shall give the offended
party the option to institute the appropriate
legal action. The period of prescription of the
offense shall be suspended during the
effectivity of the diversion program, but not
exceeding a period of two (2) years. (n)
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 & Development Officer
[ ] Prosecutor
due to the following reasons:
1. ___________________________________
2. ___________________________________
3.________________________________________
This certification is issued on (date)

(Name & signature)

LSWDO

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.
 Don’t forget
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.
3. Implementation of Diversion
Program
▪ Authority conducting the diversion proceedings 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 two (2)
years
▪ The C/MSWDO shall provide the necessary services to the victim
3. Implementation of Diversion
Program at court level
Section 35. Report of Social Worker

The court social worker shall conduct regular monthly

visits to the child undergoing diversion proceedings and
shall submit the corresponding reports about the status
of the diverted child to the Committee.
At any time before or at the end of the diversion period,
the Committee shall file with the court a report
recommending termination or extension of diversion, as
the case may be.
 3. Implementation of Diversion
Program at court level
Section 35. Report of Social Worker.
The report and recommendation shall be heard by the
court within fifteen (15) days from receipt, with notice to
the members of the Committee, the child, the mother or
father, or the appropriate guardian or custodian, or in the
absence thereof, the nearest relative, the child’s counsel,
and the complainant.
The court shall thereafter determine whether the diversion
program has been fully and satisfactorily complied
with. (a)
 3. Implementation of Diversion
Program
Section 36. Post-Diversion Order. (a) – On the basis of the report
and recommendation of the Committee, the court may:
(a) Issue a closure order terminating the case if it is convinced that
the child has complied satisfactorily with the diversion program; or
(b) Extend the period of diversion if it is convinced that the child may
still be rehabilitated; or
3. Implementation of Diversion
Program
(c) Order the case to undergo formal court proceedings if it finds that
the child has not complied with the diversion program, is incorrigible,
or that the program is not serving its purpose.
In case of a judicially approved transfer of residence of the CICL, the
court to which supervision of the diversion program was transferred
shall make the proper finding. If it finds that diversion has been
successful, it shall order the closure of the case. However, if it
determines that diversion has failed, it shall return the case to the
original court for formal criminal proceedings.
 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
Community Volunteers
▪ Shall be organized to assist LSWDO
and BCPC in the implementation of
the diversion program
▪ Volunteers may be 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
 Don’t forget
Encourage both the In the spirit of restorative justice,
the social worker should also
CICL and the family as assess the effects of the crime
well as the family of to the psychosocial functioning
the offended party to of the victim, and if assessed to
participate in the entire be necessary, provide
process of diversion. appropriate psychosocial
intervention following the case
management process
 4. SUPERVISION & 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 or
prosecutor for appropriate action
 DIVERSION PROGRAM MONITORING
FORM
_________________________________
City/Municipality
_________________________________
Barangay
DIVERSION PROGRAM MONITORING FORM
___________
Date
A. Basic Information:
Name of CICL: _______________________________________________________
Birth Date: ____________________________________ Age ______ Sex: ________
School: _______________________________________ grade/Level: ___________
Address ________________________________________
Father: _____________________ Mother: _____________ Guardian: ___________
B. The Case
Nature of the Offense: _________________________________________________
Date of Contract Signing: _______________________________________________
Agreed Day of Termination : _____________________________________________
 Type/Nature of Results Recommendation
Diversion Activity (Include CICL’s
Compliance as well as
Hindering & Facilitating
Factors)

1.

2.
3.
4.
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
[ ] Local Social Welfare & Dev’t. Officer
[ ] Prosecutor
due to the following reasons:
1. _____________________________
2. _____________________________
3. _____________________________
This certification is issued on (date)

Name and Signature

LSWDO
5. 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 service after the termination of
diversion program
 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 #______
C. Summary of the Case/Offense:
__________________________________________________________
__________________________________________________________
__________________________________________________________
D. Type of Diversion Program:
_______________________________________________________
_________________________________
E. Assessment and Final result of the diversion Program Implementation (Include
observable changes of the child’s
behavior):__________________________________________________
______________________________________________________
______________________________________________________
F. Further Recommendations:

______________________________________________________
______________________________________________________

Prepared By:

________________________
Social Worker
PROTOCOLS IN CONDUCTING
DIVERSION PROCEEDINGS
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.
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 bating in.
Maintain proper decorum. At the start of the
conference, make it a ground rule not to make calling
and shouting. Provide an atmosphere where both sides
could talk properly and in subdued manner.
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.
Questions
▪ Section 19. Conduct of Preliminary Investigation. – Preliminary
investigation shall be conducted in the following instances:
▪ (a) when the child in conflict with the law does not qualify for
diversion;
▪ (b) when the child, the parents or guardian do not agree to diversion
as provided in Sections 27 and 28 of Republic Act No. 9344, as
amended; or
▪ (c) when, after considering the assessment and recommendation of
the social worker, the prosecutor determines that diversion is not
appropriate for the child in conflict with the law. (a)
▪ Section 19. Conduct of Preliminary Investigation. – Preliminary
investigation shall be conducted in the following instances:
▪ In all instances, a certification from the Barangay, police or local
social welfare and development officer, as the case may be, that
the child does not qualify for diversion or that diversion is not
appropriate or the diversion failed at their level, shall be required
before the conduct of preliminary investigation.
▪ At the preliminary investigation, should there arise a need for
clarificatory questions to be propounded on the child, the Rule on
Examination of a Child Witness shall apply. (a)
 Thank
you !!!
MIRAMELINDA O. LEUTERIO
Social Welfare Officer II
Capability Building Section
(CBS)
▪ Section 19. Conduct of Preliminary Investigation. – Preliminary
investigation shall be conducted in the following instances:
▪ In all instances, a certification from the Barangay, police or local
social welfare and development officer, as the case may be, that
the child does not qualify for diversion or that diversion is not
appropriate or the diversion failed at their level, shall be required
before the conduct of preliminary investigation.
▪ At the preliminary investigation, should there arise a need for
clarificatory questions to be propounded on the child, the Rule on
Examination of a Child Witness shall apply. (a)
 Thank
you !!!
MIRAMELINDA O. LEUTERIO
Social Welfare Officer II
Capability Building Section
(CBS)