The period of prescription of the offense shall be suspended during the effectivity of the diversion
program, but not exceeding a period of two (2) years.
SEC. 27. Duty of the Punong Barangay When There is No Diversion. - If the offense does not fall
under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a
diversion, the Punong Barangay handling the case shall, within three (3) days from determination of
the absence of jurisdiction over the case or termination of the diversion proceedings, as the case
may be, forward the records of the case of the child to the law enforcement officer, prosecutor or the
appropriate court, as the case may be. Upon the issuance of the corresponding document, certifying
to the fact that no agreement has been reached by the parties, the case shall be filed according to
the regular process.
SEC. 28. Duty of the Law Enforcement Officer When There is No Diversion. - If the offense does
not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a
diversion, the Women and Children Protection Desk of the PNP, or other law enforcement officer
handling the case of the child under custody, to the prosecutor or judge concerned for the conduct of
inquest and/or preliminary investigation to determine whether or not the child should remain under
custody and correspondingly charged in court. The document transmitting said records shall display
the word "CHILD" in bold letters.
SEC. 29. Factors in Determining Diversion Program. - In determining whether diversion is
appropriate and desirable, the following factors shall be taken into consideration:
(a) The nature and circumstances of the offense charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
(d) The influence of the family and environment on the growth of the child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.
SEC. 30. Formulation of the Diversion Program. - In formulating a diversion program, the
individual characteristics and the peculiar circumstances of the child in conflict with the law shall be
used to formulate an individualized treatment.
The following factors shall be considered in formulating a diversion program for the child:
(a) The child's feelings of remorse for the offense he/she committed;
(b) The parents' or legal guardians' ability to guide and supervise the child;
(c) The victim's view about the propriety of the measures to be imposed; and