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b. DETERMINATION OF DISCERNMENT-
where the child is above 15 but below 18
years old
DIFFERENCE OF
INTERVENTION & DIVERSION
INTERVENTION DIVERSION
1. Feelings of remorse
2. Ability of parents or legal guardians to
guide and supervise;
3. Victim’s view about the propriety of
the measure to be imposed ; and
4. Availability of community based
programs for rehabilitation and
reintegration of the child
Kinds of Diversion Programs
1. PUNONG BARANGAY LEVEL
a. Restitution of property
b. Reparation of damage caused
c. Indemnification for consequential
damages
d. Written or oral apology
e. Care, guidance and supervision orders
Kinds of Diversion Programs
1. PUNONG BARANGAY LEVEL
f. Training, seminars and lectures on
» anger management
» values formation
» problem solving
» skills that will aid the child in dealing with
the situation which can lead to repetition
g. Participation in community based
program, education, vocation and life skills
program
Kinds of Diversion Programs
2. LAW ENFORCER AND PROSECUTOR
a. DPs specified under (1)(a) to (1) (g);
and
b. Confiscation and forfeiture of the
instruments of the crime
Kinds of Diversion Programs
3. COURT LEVEL
a. DPs specified under (1)(a) to (1) (g);
b. written or oral reprimand or citation
c. fine
d. payment of cost of proceedings or
e. institutional care and custody
Termination of Diversion Proceedings
• Exented Rehabilitation
• incorrigble
• Not shown the capability of becoming a
Useful Member of Society
• Willful noncompliance of Rehabilitation
Programs
• Stay in the institution is not of child's
best interest
TRANSITORY PROVISIONS
iii) Convicted and serving sentence
CICL shall be entitled to appropriate
disposition under the Act and the
sentence adjusted accordingly. If
qualified, child shall be immediately
released under the Act or applicable
law. Upon application, the court may
grant probation to the child in lieu of
imprisonment for the remaining
sentence . (Section 42, RA 9344)