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Continue from FLOWCHART A

where child is found:


1. above 15 yrs old Punong Barangay to have LEO Report that includes:
2. acted with discernment (as 1. Personal circumstances of child
assessed by LSWDO) 2. Offense committed (not a victimless offense) FLOWCHART D-1 Child is above 15 yrs old and acted with discernment
3. committed offense with penalty of 6 3. Corresponding penalty (below 6 years)
4. LSWDO assessment that child acted with discernment as assessed by LSWDO (Offense with penalty not more than 6 yrs)
yrs and below

For use of Katarungang


Pambarangay and LSWDO

Punong Barangay:
Review report on CICL WD
g DS
and consult LSWDO to e x istin der on
er t o eO r n
determine if diversion is *Ref istrativ diversio
in t
appropriate Adm conduc gs
to in
how proceed

Is Diversion Dversion Committee to


Convene Diversion Diversion Contract
appropriate for child? YES Conduct Diversion CICL and parents agree to
Committee YES (containing Diversion
(See Rule 51.b of IRR) (Consider
proceedings diversion contract?
LSWDO recommendation) Program)

Chairperson: Punong Barangay With:


* Child
Committee may include: * Childs parents/guardians
* LSWDO * Victim (or parents of
* Barangay Kagawad victim if child)
* Lupon Tagapamayapa member
* BCPC member Complete within 45 days
* Chief Tanod from start of proceedings
* Member of Task Force on Child & BARANGAY TO SUPERVISE DIVERSION PROGRAM;
Youth Devt
* NGO Representative LSWDO TO MONITOR PROGRESS/COMPLIANCE
NO * PTA President NO
* Representative of faith-based org
1. Diversion Program supervised by Punong
Barangay with assistance of BCPC;
Implementation of 2. LSWDO to monitor childs progress/
compliance with Diversion Contract;
Forward case to WCPD Diversion Program Monitoring reports to be prepared
or Prosecutor 3. Program completely implemented not
beyond two years
Forward to WCPD or Prosecutor:
1. Punong Barangay Certification indicating reason/s for (a)
finding diversion is not appropriate; (b) failure of diversion Is the Diversion Program
YES
proceedings; or (c) failure of diversion successful?
Forward case to Police
2. LEO Report on CICL (including personal circumstances of
child; alleged offense committed; corresponding penalty; LSWDO to certify
LSWDO assessment of discernment) if success or
3. Other supporting documents (e.g., basis of age, affidavit- failure (Rule 54) LSWDO: Terminal report
complaint of offended party, other affidavits) on Diversion Program

case closure
Forward case to
NO
Prosecutor
After care services
Forward to Prosecutor: (headed by LSWDO in
1. Punong Barangay Certification indicating reason/s for cooperation with barangay)
failure of diversion
2. LEO Report on CICL (including personal circumstances of
child; alleged offense committed; corresponding penalty;
LSWDO assessment of discernment)
3. Other supporting documents (e.g., basis of age, affidavit-
complaint of offended party, other affidavits)

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