Guidelines On Diversion
Guidelines On Diversion
Guidelines On Diversion
I. Rationale
When we work with children, we need to ensure that their rights are
respected and their best welfare given paramount consideration. This
applies even to children in conflict with the law (CICL) especially because
we look at them not as offenders but as individuals who need special
protection and assistance. For this reason, we shifted from retributive to
restorative justice in handling CICL.
1
Diversion definitely gives the child a chance to develop into a responsible
adult.1
II. Objectives
1 MC NO.9 Series of 2004 "Guidelines in the Pilot Testing of the Community-Based Diversion Program
for Children in Conflict with the Law (CICL)
2
III. Coverage
3
safety, health, good moral environment and facilitates wholesome
developmene
V. Diversion Procedure
2 CWC2001
4
The Diversion Committee shall also come up with a directory of
programs or services being implemented by GOs, NGOs, POs, schools
and faith-based organization in their locality, which they could avail of to
maximize the diversion program. The members of the Committee may
include but not be limited to the following:
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
b. Law Enforcement
Chair: Law Enforcement Officer
Members: Barangay Council for the Protection of
Children (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
c. Prosecutor
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
5
FLOWCHART OF DIVERSION
Step 3
Step 2
Monitoring and y
Supervision by the Implementation of
C/MSWDO Diversion Program
From Barangay/LEO/
LSWDO
Step 4
Case Terminated
Rule 47.a of the IRR provides that the authority conducting the
diversion proceedings shall:
6
1. Explain to the CICL and his/her family the objective and
value of the diversion as well as the consequences of not
undergoing the process;
When the CICL voluntary admits commission of the act during the
conduct of diversion proceedings, his/her admission shall be considered
only as consent to undergo the diversion program and shall not be
considered a plea of guilt. Further, such admission shall not be used
against the child in any subsequent judicial, quasi-judicial or
administrative proceedings. Neither shall the child be denied of privileges
and opportunities, be discriminated, or be imposed of any form of liability
or punishment by reason of his/her admission.
7
While diversion proceeding has not yet started, the custody of the
CICL shall be given to the parents, guardians or relatives. However,
should the parents/guardians/relatives be assessed to be unable to
provide the needed care and supervision of the CICL or the safety of the
child is in danger in view of the alleged offense committed, encourage
parents/guardians/relatives to request for temporary custody of the child.
In the event that the parents/guardian/relatives do not agree to the
request for temporary custody of the child, involuntary commitment shall
be filed by the LSWDO so as to place the CICL to any other responsible
person or institution in the community, taking into consideration the best
interest of the CICL.
a. Conflict Resolution
8
b. Formulation of a diversion program
9
of diversion program as provided in RA 9344 herein
attached as Annex D.
10
Association of the Philippines (PYAP), Sanguniang Kabataan (SK) and
Local Council for the Protection of Children (LCPC).
11
with the agreements stipulated in the diversion contract in all levels of
diversion.
2. Undertake research and develop a data-base for the CICL for the
use of all concerned, including LGUs in documentation and data
retrieval; and
12
2. Allocate one percent (1%) of the internal revenue allotment (IRA) of
barangays, cities and municipalities for the strengthening and
implementation of the programs of LCPC;
13
E. Local Council for the Protection of Children (LCPC)- (Based on
Rule 15.d., of the IRR of RA 9344)
14
2. Assist parents, whenever necessary in securing expert guidance
counseling from the proper governmental or private welfare
agency;
III. EFFECTIVITY
This guideline shall take effect immediately and revokes all other
guidelines contrary to it.
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Issuedin QuezonCitythis ·~ay of ~
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ANNEXA
PHASES OF MEDIATION
1. First phase - the mediator talks with the offender and victim separately,
with the intention of helping to reach a point where they are prepared to
meet face to face, to search together for some solution to their conflict.
2. Second phase - there is direct negotiation between the offender and the
victim, but the mediator is often present as an unbiased facilitator.
3. Session
• Invite Party A
• Invite Party B
• Summaries/clarifies
• Exploring issues
o Focus on present
o Focus on interest
4. Building Agreements
• Look at options
• Look at most achievable
• Written agreement -clear and concrete
• Timetable for action
• Sign agreement
16
ANNEX B
• Use a language or other ways of communicating that the child can easily
understand.
• Assure confidentiality.
17
ANNEXC
BeforeAllowexpressing
timeimpressions
for each
your party
comments,
andfor their own thestory
diversion
to be
ddten
tellform
the not
could
Avoid
and
themtotosituation.
whole letwill involved
disputing
entire
other
desire
parties
Remember
anybody talk
communication
to
expressions
make
long
help
reaching
Be person
to
could
you in
properly
mediation
parties
and
name
satisfy
who
neutral. that
dothe
finish
gather
agreements.
is
The case.
and
winding
like
in
that in
process.
calling
settling
facial
haveasubdued
explanations.
talking
his/her
to
the reach and
expression
mediatortheir
Remember
adequate
mediatorneed different
before
win-win
for
shall manner.
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differences.
meanings
that
that
bebatting
isinformationProvide
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there
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not
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in.the
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not
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be
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order
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and to
is
and
other
to nO'1-verbal
guide both
assist
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independent people.
orsides
parties
during the
in
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Be calm.
Focus
Respect
Maintain
Never
Send
Listen
Observe Focus
onthethe
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Message
use on the
oneissue.
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Focus
speaking.
decorum.
offensive
Clearly.
words.
Show
confidentiality Use
atAt
Do i.e.
on
athe
all not
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the
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byuse
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issue
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the
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Allthat
listening of and and
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understood
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sincerely
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Listening
18
listening
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parties success
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after
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paraphrases
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about both
CICL. proceeding
manner. Both
parties
theAdvice,
crime is
while
and basically
parties can dependent
be
understanding
the words/spoken
possible better
options/directions
repair thelanguage their
to a
hurts/harms
Allow
pects and determines both parties to share their sides. Remember that the main purpose of the
Paraphrase and acknowledge. It helps in understanding the situation if the
19
Reminder for Authority Conducting the Mediation
Don'ts Dos
Do not take sides 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
dis utin arties in settlin their differences.
Do not gossip 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.
Do not instigate 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.
Do not cut people off Respect the one speaking. Allow time for each party for
their own story to be heard fully, and tell them to let other
erson finish talkin before battin in.
Do not allow name Maintain proper decorum. At the start of the conference,
calling and shouting make it a ground rule not to make name calling and
shouting. Provide an atmosphere where both sides could
talk ro erl and in subdued manner.
Do not lecture or give Allow both parties to share their sides. Remember that the
advice while dialogue main purpose of the proceeding is for both parties to talk
is on process 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
dialo ue.
Do not be emotionally Be patient. Being the one who controls the procedural
affected aspects and determines the course of the activity, the
success of the proceeding is basically dependent on your
mood/ dis osition.
20
ANNEX D
4. 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 re-offending, to be agreed upon by
the child, his/her parents/guardian and the concerned authority
conducting the diversion proceedings.
6. Care, guidance and supervision orders. This includes giving advice to the
CICL and her/his parents/guardians (when necessary) by the authority
conducting the diversion proceedings; home/school visit by the
representative of the LCPC/LSWDO; and reporting to the LCPC
representative/ LSWDO based on the agreed schedule/duration.
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.
Thus, finding better and more correct responses to the various
circumstances in the environment. Individual and Family Group
Counseling (FGC) Approach in may be an effective tool to use.
21
values formation; and
other life skills which will aid the CICL in dealing with situations
which can lead to repetition of the offense
a Assist in caring infants and other children with special needs, the
elderly and those with disabilities in government and non-government
institutions;
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ANNEX E
DIVERSION CONTRACT
Social Worker:
Pinanukalaan ni:
Social Worker
23
Republic of the Philippines
Municipality/City of _
DIVERSION CONTRACT
For the best interest of (name of CICL) and the community, the
following shall be undertaken:
Social Worker:
1. (Example: Visit the child in his/her school once a month during the
duration of the diversion program to ascertain whether or not he/she is
behaving properly through interviews wit teachers and other students.)
2.
3.
Noted by:
LSWDO
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ANNEX F
Noted by:
LSWDO
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PAG PAPATU NAY
1.
2.
3.
(Pangalan at Lagda)
Namumuno ng Diversion Committee
Pinanukalaan ni:
LSWDO
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ANNEXG
City/Municipality
Barangay
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: _
Agreed Day of Termination: _
(Include
wellCICL's
as Results
Hindering
Compliance
and as
Recommendation
of Facilitatinq Factors)
3.
5.
2.
4.
27
ANNEX H
[ ] Katarungang Pambarangay
[ ] Law Enforcement Officer
[ ] Local Social Welfare and Development Officer
[ ] Prosecutor
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PAGPAPATUNAY
[ ] Katarungang Pambarangay
[ ] Law Enforcement Officer
[ ] Local Social Welfare and Development Officer
[ ] Prosecutor
1.
2.
3.
(Pangalan at Lagda)
LSWDO
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ANNEX I
City/Municipality
Barangay
Date
A. Basic Information:
F. Further Recommendations:
Prepared by:
Social Worker
30
ANNEXJ
31
B. Diversion Programs for CICL
Values On-
aoina
formation
Confiscation
FFM
F guidance
Anger
Others
Complied #management
Counselinq
Restitution
Written/oral
Attendance Not
Indemnification
Participation
Care,
Reparation
Problem M
of &
Complied for
inproperty
apology
in
of
solving trainings
damaged
and # Status
Terminated by sex Remarks -
M &
andseminars
resolution
conflict
causedinstrument
supervision
consequential
forfeiture orders
damaqe
proQrams of& proceeds
community-based services
Number
9. 7.
6.
2.
c.
5.
d.
b.
10. a.
3.
8. Others
Total
Under column for remarks, indicate the number of cases terminated due to non-
compliance and referred to the next level for another round of diversion
proceed ing/program.
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C. Support Services Provided to Both the CICL and Victim
Status
# Utilized
Services
Funds
ofEffects
Ben.
#of
Responsible
Agency
Support done)
(ongoing/
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II. NARRATIVE REPORT
1. Conduct of Mediation
6. Advocacy
B. Hindering Factors
1. Conduct of Mediation
6. Advocacy
C. Recommendations
1. Conduct of Mediation
6. Advocacy
34