Homicide raps recommended vs Baldwin, 11 others

MANILA, Philippines —  The National Bureau of Investigation has recommended the filing of homicide charges against resigned Ateneo head coach Tab Baldwin and 11 others over the deaths of Blue Eagles Rene Baterbonia and Divine Adili on June 8.

The NBI recommended to the Department of Justice (DOJ) yesterday that Baldwin and seven members of the Blue Eagles coaching staff be charged with reckless imprudence resulting in two counts of homicide, for planning and conducting the water-resistance run that led to the drowning of Baterbonia, 18, and Adili, 21, a Nigerian national.

The Ateneo staff members named in the case are strength and conditioning coaches Ceasar Vincent Elumba and Grant Dearns; assistant coaches Reynaldo Jacinto Jr., Dean Caesar Castaño, Sandro Nicholas Soriano and Hernan Ameer Domingo and physical therapist Jeric Rueca.

Operations manager Francisco Zubia III and co-managers Frederick Zubia and Yedda Mary Rubio of the Hermanos Leisure Farm and Surf Camp in Dipaculao, Aurora, where the fatal team-building activity was held, are also facing charges of simple negligence resulting in two counts of homicide, along with Ateneo athletics director Emmanuel Fernandez.

Serving as complainants are the NBI, Baterbonia’s mother Rovelyn Baterbonia and the Nigerian embassy, as Adili was born in Umueri, Nigeria.

The NBI’s recommendations are on top of the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG)’s own findings that the Blue Eagles coaching staff, student managers and utility staff were liable for homicide, reckless imprudence and hazing.

However, the NBI’s recommendations did not include hazing charges, even though Interior Secretary Jonvic Remulla argued that the June 8 activity caused physical and psychological harm to a recruit – in this case, the players competing for a slot on the Ateneo men’s basketball team in the UAAP.

The NBI also did not recommend the filing of charges against two student managers and two utility staff, who were included in the CIDG’s complaint. Remulla had said they may be excluded from the charges as long as they prove that they were unaware of the activity’s wrongful intent.

In a summary released by the NBI, the bureau found that Baldwin “conceived, planned and directed the sea drill” in an “open, surf-exposed site” despite knowing beforehand that some of his players didn’t know how to swim. By providing only verbal warnings about the dangers of rip currents, the resigned coach treated a foreseeable peril with “grossly deficient precaution,” becoming the “proximate cause of both deaths.”

The strength and conditioning coaches, according to the NBI, failed to institute safeguards, especially for non-swimmers, to protect players from the hazardous sea conditions.

The assistant coaches who supervised and conducted the drills did not stop the activity, lacked knowledge on rescue operations and omitted basic safety standard measures.

The physical therapist, although a health officer with first-aid and basic life-support certifications, “did not intervene” when non-swimmers went into the sea.

Meanwhile, the resort managers gave assurances that the sea was safe based on information from an artificial intelligence application rather than from competent sources, failed to provide accredited lifeguards, did not post pertinent warning signage and lacked the knowledge to respond to emergencies.

Fernandez is also liable because the activity proceeded despite having “no protocol and approved calendar” and no medical clearances and consents from the participating students.

These lapses violated the Commission on Higher Education’s 2017 memorandum on off-campus activities and 2026 memorandum on protecting student-athletes.

Under Article 365 of the Revised Penal Code, reckless imprudence resulting in homicide carries a maximum penalty of up to six years while simple negligence carries six months.

Besides criminal charges, the NBI has recommended to the DILG administrative charges against officers of Dipaculao’s business permits and licensing office, municipal tourism and cultural office and municipal disaster risk reduction and management office for permitting the continued operations of Hermanos despite being a “non-Tourism-accredited establishment.”

They also violate Dipaculao’s ordinance on promoting safety in seashores and other bodies of water and the Philippine Coast Guard’s rules on safety for coastal and beach resorts.

In a statement, the Ateneo said it respects the ongoing process and would not comment on the matter to preserve the integrity of the proceedings. It would continue providing support to affected Ateneo members.

“We ask our community and the public to respect due process and allow the process to take its course,” Ateneo said.

“As we have consistently stated, the University will continue to respect the ongoing process, refrain from commenting on matters now before the proper authorities to preserve the integrity of those proceedings, and fully cooperate with all lawful investigations,” it added on its Facebook page.

DOJ weighs options

The DOJ is evaluating the findings of various law enforcement agencies to determine the criminal liability of Baldwin and other team personnel.

The move came after the NBI formally transmitted the results of its probe to the DOJ yesterday, adding to the earlier complaint filed by the CIDG.

“We are consolidating everything and soon we’ll be coming up with a decision on how to proceed,” DOJ officer-in-charge FredderickVida told reporters.

The DOJ has confirmed receipt of the NBI documents and assured the public that the evidence will be weighed comprehensively.

Bring out truth

Sen. Bong Go pressed the investigating bodies to establish the full truth behind the deaths of the young Ateneo student-athletes.

“We want the truth. We will create laws so this would never happen again. Let’s help each other,” said Go during a public hearing of the Senate committee on basic education that tackled recent tragedies involving the youth.

The hearing was chaired by Sen. Bam Aquino and was also attended by Senate President Win Gatchalian and other resource persons.

Go, chairman of the Senate committees on sports and youth, urged the CIDG to make sure the families of Baterbonia and Adili are updated on the findings and developments of the investigation.

Go is pushing for the passage of Senate Bill 2261, which seeks to establish a comprehensive student-athlete safety and welfare policy.

The bill intends to mandate the Philippine Sports Commission, in coordination with the Department of Education, Commission on Higher Education, Department of Health and other relevant agencies, to formulate and implement a national student-athlete safety code.

The proposed measure requires educational institutions and sports organizations to conduct risk assessments, prepare written safety and emergency action plans and ensure the presence of qualified emergency personnel during sports-related activities involving student-athletes.

It also seeks to guarantee the right of student-athletes and their parents to be informed of possible risks and safety measures before activities take place.

The measure further mandates pre-activity safety clearances, adequate insurance coverage and safeguards against hazing, abuse, coercion and other dangerous practices.

“Aside from calling for accountability, there is a compelling need for the government to examine existing laws, regulations and institutional practices relating to athlete safety and welfare,” he said.

Go also filed Senate Resolution 449, expressing the Senate’s profound sympathy and deepest condolences to the families of Baterbonia and Adili. He also filed Senate Resolution 450, calling for an inquiry in aid of legislation to determine policy gaps and strengthen safeguards for student-athletes. –  Evelyn Macairan, Neil Jayson Servallos