PHILIPPINE
LAW AND SOCIETY REVIEW
To determine whether the CICL and the parents/guardians/person having custody are complying with the terms and conditions of the intervention program, and to allow the LSWDO to evaluate the effectiveness of the intervention program, the CICL and the parents are required 47 to regularly report to the LSWDO. In case of failure to comply with the intervention program, the LSWDO may petition for the involuntary commitment of the CICL. 48 Diversion Diversion is an alternative, child-appropriate process of determining the responsibility and treatment of a CICL on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings. 49 As provided in Rule 41 of the IRR, pursuant to Section 23 of RA 9344, CICLs who are above 15 years but below 18 years of age and acted with discernment, and CICLs who committed an offense the penalty for which is imprisonment of not more than 12 years, 50 undergo diversion. Those who did not qualify for diversion , those who did not agree to diversion, and those cases which the prosecutor, along with the assessment and recommendation of the social worker, determine to be inappropriate for diversion, will be subject to prosecution as provided in Section 33. 51 If the CICL is qualified for, agrees to undergo diversion, and signs the contract of diversion, 52 he or she undergoes Rule 38, IRR. Rule 39, Ibid. 49 Sec. 4(i), RA 9344. 50 Sec. 37, RA 9344, Rule 41, IRR. 51 Sec. 33, RA 9344. 52 Sec. 26, Ibid. 47 48
IMPLEMENTATION OF RA 9344 IN LUZON 91