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Diversion: Q: What Is Diversion?

The document discusses diversion strategies for children in conflict with the law as outlined in the Juvenile Justice Welfare Act. Diversion involves determining a child's responsibility and rehabilitation through community-based programs instead of formal court proceedings. It can occur at the barangay, police, prosecution, or court level depending on the offense. A diversion program is a written plan outlining rehabilitation measures like counseling, restitution, or community service. It aims to avoid stigma while reintegrating the child. Potential benefits include avoiding a criminal record and gaining social skills, while risks involve due process concerns.

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364 views6 pages

Diversion: Q: What Is Diversion?

The document discusses diversion strategies for children in conflict with the law as outlined in the Juvenile Justice Welfare Act. Diversion involves determining a child's responsibility and rehabilitation through community-based programs instead of formal court proceedings. It can occur at the barangay, police, prosecution, or court level depending on the offense. A diversion program is a written plan outlining rehabilitation measures like counseling, restitution, or community service. It aims to avoid stigma while reintegrating the child. Potential benefits include avoiding a criminal record and gaining social skills, while risks involve due process concerns.

Uploaded by

Dbee Dvee
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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NOTES OF ATTY. DEBBIE G. DULAY-DEL VAL ON DIVERSION STRATEGIES FOR CHILDREN IN CONFLICT WITH THE LAW PER R.A.

9344 OR THE JUVENILE JUSTICE WELFARE ACT

D I V E R S I O N
Q: WHAT IS DIVERSION? A: It is an alternative, child-appropriate process of determining the responsibility and treatment of a CICL based on his/her social, cultural, economic, psychological or educational background WITHOUT resorting to formal court proceedings. Note: A different type of justice system applicable to children in conflict with law (CICL) only whereby the complainant need not file a criminal case in court. Q: WHO UNDERGOES DIVERSION? A: The following are those who can undergo diversion: (1) CICL above fifteen (15) years but below eighteen (18) years of age who acted with discernment (2) Children who are 15 years old and below who committed an offense but exempt from criminal liability under the law. Note: Diversion is the same a Tertiary Intervention Q: WHAT ARE THE VENUES OF DIVERSION? A: Diversion can take place in the Barangay, Police, Prosecution or Court Levels. Q: WHAT ARE THE CASES OF CICL THAT CAN UNDERGO DIVERSION IN THE BARANGAY, POLCE AND PROSECUTION LEVELS? A: If the offense committed by the CICL has imposable penalty of not more than six (6) years of imprisonment Q: HOW ABOUT IN THE COURT LEVEL? A: If the offense committed by the CICL has an imposable penalty of more than six (6) years but not more than twelve (12) years of imprisonment. Moreover, it

NOTES OF ATTY. DEBBIE G. DULAY-DEL VAL ON DIVERSION STRATEGIES FOR CHILDREN IN CONFLICT WITH THE LAW PER R.A. 9344 OR THE JUVENILE JUSTICE WELFARE ACT shall take place before arraignment begins. Otherwise, parties may not resort to diversion. Q: WHAT ARE THE IMPORTANT POINTS TO REMEMBER IN CONDUCTING DIVERSION IN THE BARANGAY LEVEL? A: The following points must be remembered in the conduct of diversion in the barangay level, to wit: 1. The Diversion must be conducted by the Lupon Tagapamayapa, chaired by the Punong Barangay, with the assistance of the members of the BCPC. 2. It is the Punong Barangay who shall conduct mediation, or family conferencing or conciliation or even adopt indigenous modes of conflict resolution. 3. The absence of the offended party during diversion or his/her disagreement in its conduct shall not prevent the proceedings from being conducted. 4. The Punong Barangay shall, however, endeavor to obtain the participation and the consent of the offended party in the formulation of the diversion program. 5. The Punong Barangay must keep in mind the objectives of diversion which are restorative justice and formulation of a diversion program. 6. The child and his/her family shall be present in the conduct of these diversion proceedings. 7. The offended party may participate in the diversion proceedings Q: WHAT ARE THE IMPORTANT POINTS TO REMEMBER IN FORMULATING A CONTRACT OF DIVERSION? A: The following must be remembered: (1) The child voluntarily admits commission of the act and (2) The victim and offender must both agree to diversion

NOTES OF ATTY. DEBBIE G. DULAY-DEL VAL ON DIVERSION STRATEGIES FOR CHILDREN IN CONFLICT WITH THE LAW PER R.A. 9344 OR THE JUVENILE JUSTICE WELFARE ACT Q: WHAT IS A DIVERSION PROGRAM? A: It is a written plan signed by the parties (the CICL and his/her parents and the complainant) and the concerned authorities (the barangay leaders) outlining the program to be followed by the CICL during his diversion. NOTE: It is preferable that the Local Social Welfare Officer implements/supervises the Diversion Program of the CICL. However, if not available, it should be the assigned BCPC member who shall do the same and make a written report to be submitted to the Local Social Welfare Officer. The diversion program must preferably be completed within forty-five (45) days as stated under the Implementing Rules of R.A. 9344. The Child must present himself/herself at least once a month for reporting & evaluation

Q: HOW IS A DIVERSION PROGRAM FORMULATED? A: It is an individualized treatment depending on the circumstances of the child. The following factors must be considered, to wit: (1) Childs feelings of remorse for the offense he/she committed (2) Parents or legal guardians ability to guide and supervise the child (3) Victims view about the propriety of the measures to be imposed, and (4) Availability of community-based reintegration of the child programs for rehabilitation and

Q: WHAT ARE THE DIFFERENT TYPES OF DIVERSION PROGRAM IN THE BARANGAY LEVEL? A: The diversion program includes but is not limited to the following, namely: (1) Restitution of property

NOTES OF ATTY. DEBBIE G. DULAY-DEL VAL ON DIVERSION STRATEGIES FOR CHILDREN IN CONFLICT WITH THE LAW PER R.A. 9344 OR THE JUVENILE JUSTICE WELFARE ACT (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 CICL and the childs family (7) Attendance in trainings, seminar and lectures on: anger management skills, problem solving and/or conflict resolution skills, values formation, other skills in dealing w/ situations which can lead to repetition (8) Participation in available community service community-based programs including

(9) Participation in education, vocation and life skills programs Q: WHAT HAPPENS IF THE CHILD DOES NOT COMPLY WITH THE DIVERSION PROGRAM? A: If the child fails to comply with the terms and conditions of the Diversion Program as certified by the Local Social Welfare Development Officer (LSWDO), the victim has the option to institute the appropriate legal action in court NOTE: In other words, the victim can now file a criminal case in court if the child is not exempted from criminal liability. If the child is exempted from criminal liability, the victim can file a civil case for damages against the parents or guardians of the child. Q: WHAT ARE THE DIFFERENT TYPES OF DIVERSION PROGRAM IN THE LAW ENFORCEMENT AND/OR PROSECUTION LEVELS? A: The same diversion programs previously specified in the barangay level with the addition of confiscation and forfeiture of the proceeds or instruments of the crime. Q: WHAT ARE THE DIFFERENT TYPES OF DIVERSION PROGRAM IN THE COURT LEVEL? A: The same diversion programs previously specified in the barangay, police and prosecutor level with the addition of the following:

NOTES OF ATTY. DEBBIE G. DULAY-DEL VAL ON DIVERSION STRATEGIES FOR CHILDREN IN CONFLICT WITH THE LAW PER R.A. 9344 OR THE JUVENILE JUSTICE WELFARE ACT

(1) Written or oral reprimand (2) Citation (3) Imposition of a fine (4) Payment of cost of the proceedings (5) Institutional care and custody Q: WHAT ARE THE CONDITIONS TO BE FOLLOWED IF A CHILD IS REFERRED TO UNDERGO A DIVERSION PROGRAM? A: The following factors must be considered: (1) Childrens rights and legal safeguards in general must always be fully respected (2) Victims and offenders must both agree to diversion (3) The case must be referred to a normal acceptable to all parties can be reached court system if no solution

Q: WHAT ARE THE POTENTIAL RISKS IF A CHILD UNDERGOES DIVERSION? A: The following problems might be encountered: (1) The risks are related to the childs right to due process and fair trial. (2) Child might be pressured into owning up to the offense at the expense of his/her right to remain silent Q: WHAT ARE THE BENEFITS OF DIVERSION? A: The following are the benefits to be yielded by the CICL if he/she undergoes diversion: (1) The CICL is able to avoid the stigma and label associated with a criminal record

NOTES OF ATTY. DEBBIE G. DULAY-DEL VAL ON DIVERSION STRATEGIES FOR CHILDREN IN CONFLICT WITH THE LAW PER R.A. 9344 OR THE JUVENILE JUSTICE WELFARE ACT

(2) Through diversion, a child may gain insight into the consequences of his/her actions and take responsibility for them (3) Diversion programs offer the youth opportunities to develop important social skills (4) Families are able to strengthen relationships with the youth through improved communication skills (5) For the court system, it entails a reduction in case loads and increased efficiency and lowered costs (6) Communities benefit as young people understand their role in the community and develop positive attitudes (7) Many non-formal justice options are cheaper than court procedures; imprisonment is costly

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