Diversion Refers To An Alternative Child

Diversion refers to an alternative child-appropriate process of
determining the responsibility and treatment of a child in conflict with

the law on the basis of the child’s social, cultural, economic,
psychological or educational background without resorting to formal
court proceedings.
WHEN DIVERSION PROGRAM RESORTED TO

Diversion programs refer to programs the child in conflict with the law
is required to undergo after the child is found by the appropriate
authority responsible for an offense, without resorting to formal court
proceedings. At the different stages where diversion may be resorted
to, the following diversion programs may be agreed upon, such as, but
not limited to:
(a) At the level of the Punong Barangay:
1. Restitution of property;
2. Reparation of the damage caused;
3. Indemnification for consequential damages;
4. Written or oral apology;
5. Care, guidance and supervision orders;
6. Counseling for the child in conflict with the law and the child’s
family;
7. 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;
8. Participation in available community-based programs, including
community service; or
9. Participation in education, vocation and life skills programs.
(b) At the level of the law enforcement officer and the prosecutor:
1. Diversion programs specified under paragraphs (a)(1) to (a)(9)

above; and
2. Confiscation and forfeiture of the proceeds or instruments of the
crime.
(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.
CONTRACT OF DIVERSION
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. Such admission shall
not be used against the child in any subsequent judicial, quasi-judicial
or administrative proceedings.
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. The local social
welfare and development officer shall supervise the implementation of
the diversion program. The diversion proceedings shall be completed
within 45 days.
The child shall present himself/herself to the competent authorities

that imposed the diversion program at least once a month for reporting
and evaluation of the effectiveness of the program.
SUSPENSION OF PRESCRIPTION OF ACTION

The diversion proceedings shall be completed within 45 days. The
period of prescription of the offense shall be suspended until the
completion of the diversion proceedings but not to exceed 45 days.
In case a diversion program is approved and implemented, the period

of prescription of the offense shall be suspended during the effectivity
of the diversion program, but not exceeding a period of 2 years.
DETERMINATION BY CLERK OF COURT

(a) The Clerk of Court shall determine whether the offense charged
qualifies for diversion, that is, it is punishable by imprisonment of not
more than 12 years, regardless of fine, or fine alone regardless of the
amount.
(b) If the crime charged is punishable by such imprisonment,

immediately assign a temporary case number and raffle off the case to
a court so that its Diversion Committee can immediately undertake the
appropriate action. [See Referral to Diversion Committee, below]
(c) If the crime charged does not quality for diversion because it is
punishable by imprisonment of more than 12 years, the case shall be
assigned a regular criminal case docket number raffled off to a court
for formal proceedings.
REFERRAL TO DIVERSION COMMITTEE

1. The Office of the Clerk of Court (OCC) refers a case for diversion to
the Diversion Committee. Pending determination of diversion by the
Diversion Committee, the court shall: (a) release the child on
recognizance to the parents, guardian, or nearest relative; or (b) if
release on recognizance 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.
2. Each court has a Diversion Committee, composed of: (1) its Branch
Clerk of Court, as chairperson; (2) the prosecutor; (3) a lawyer of the
Public Attorney’s Office assigned to the court; and (4) the social
worker assigned by the court to the child. In the absence of a Branch
Clerk of Court, the chairperson shall be designated by the judge.
3. The Diversion Committee calls for a conference, with notice to the:

(a) child; (b) the mother or father, or guardian, or in their absence, the
nearest relative; (c) the child’s counsel; (d) the private complainant, his
or her mother or father, or guardian, or in their absence, the nearest
relative, if a minor; and (d) counsel of private complainant.
4. The Diversion Committee makes a determination if the child can

undergo a diversion program instead of formal court proceedings. If
the Diversion Committee finds that diversion is appropriate, it shall
design a diversion program for the consideration and approval of the
court.
5. The Diversion Committee may recommend to the court that formal

criminal proceedings be conducted when: (a) the child objects to the
diversion; (b) the Diversion Committee determines that diversion is not
proper; or (c) there is failure of the diversion program if undertaken
by the child.
6. The diversion proceedings shall be completed within 45 days from

the initial diversion conference.
7. The court shall direct the transmittal of the records of the case to the
OCC for the assignment of a regular criminal docket number to the
case as follows: CICL Crim. Case No._-_( year). The OCC shall
thereafter return the case to the court for arraignment and formal
proceedings.
FACTORS TO DETERMINE IF DIVERSION IS PROPER

In determining whether diversion is appropriate for the child, the
Diversion 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;
(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.
THE DIVERSION PROGRAM
If the Diversion Committee finds that diversion is proper, it shall
design a diversion program taking into consideration the individual
characteristics and peculiar circumstances of the child in conflict with
the law. 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;
(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.
The diversion program shall include adequate socio-cultural and
psychological responses and services for the child. The Diversion
Committee shall also include in the program a plan that will secure
satisfaction of the civil liability of the child in accordance with Article
2180 of the Civil Code. The parents shall be liable for damages unless
they prove, to the satisfaction of the court, that they were exercising
reasonable supervision over the child at the time the child committed
the offense and exerted reasonable effort and utmost diligence to
prevent or discourage the child from committing another offense.
HEARING OF DIVERSION PROGRAM

The court shall set the Diversion Committee’s diversion report and
recommendation for hearing with notice to all parties, their counsel
and members of the Committee within 10 days from receipt of such
report. The court shall act on the recommendation within 5 days from
the termination of the hearing.
REPORT OF SOCIAL WORKER

If the diversion program is approved by the court, 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 Diversion Committee.
At any time before or at the end of the diversion period, the Diversion
Committee shall file with the court a report recommending
termination or extension of diversion, as the case may be. The report
and recommendation shall be heard by the court within 15 days from
receipt, with notice to the members of the Diversion 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, his or her father or mother, or guardian, or in the
absence thereof the nearest relative, if a minor, and his or her counsel.
The court shall thereafter determine whether the diversion program

has been fully and satisfactorily complied with.
POST-DIVERSION ORDER
On the basis of the report and recommendation of the Diversion
Committee, the court may:
1. Issue a closure order terminating the case if it is convinced that the

child has complied satisfactorily with the diversion program; or
2. Extend the period of diversion if it is convinced that the child may
still be rehabilitated; or
3. Order the case to undergo formal court proceedings if it finds that:
(a) the child has not complied with the diversion program; (b) the child
is incorrigible; or (c) the program is not serving its purpose.
In case of a judicially-approved transfer of residence of the child in
conflict with the law, the court to which supervision of the diversion
program was transferred shall make the proper finding: (1) if it finds
that diversion has been successful, it shall order the closure of the case;
or (2) if it determines that diversion has failed, it shall return the case
to the original court for formal criminal proceedings.
[Source: 2019 Supreme Court Revised Rule on Children in Conflict

with the Law (A.M. No. 02-1-18-SC): Full Text]

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Diversion refers to an alternative child-appropriate process of

determining the responsibility and treatment of a child in conflict with

WHEN DIVERSION PROGRAM RESORTED TO

(a) At the level of the Punong Barangay:

1. Diversion programs specified under paragraphs (a)(1) to (a)(9)

1. Diversion programs specified under paragraphs (a) and (b) above;

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

The child shall present himself/herself to the competent authorities

SUSPENSION OF PRESCRIPTION OF ACTION

In case a diversion program is approved and implemented, the period

DETERMINATION BY CLERK OF COURT

(b) If the crime charged is punishable by such imprisonment,

REFERRAL TO DIVERSION COMMITTEE

3. The Diversion Committee calls for a conference, with notice to the:

4. The Diversion Committee makes a determination if the child can

5. The Diversion Committee may recommend to the court that formal

6. The diversion proceedings shall be completed within 45 days from

FACTORS TO DETERMINE IF DIVERSION IS PROPER

(a) The nature and circumstances of the offense charged;

HEARING OF DIVERSION PROGRAM

REPORT OF SOCIAL WORKER

The court shall thereafter determine whether the diversion program

1. Issue a closure order terminating the case if it is convinced that the

[Source: 2019 Supreme Court Revised Rule on Children in Conflict

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