THE National Bureau of Investigation (NBI) has recommended the filing of criminal charges against former Ateneo de Manila University men’s basketball head coach Tab Baldwin and 11 others over the drowning of student-athletes Rene Baterbonia and Divine Adili during a team-building activity in Dipaculao, Aurora last month.
The NBI Homicide Division on Monday endorsed its findings to the Department of Justice (DOJ), recommending the filing of two counts of reckless imprudence resulting in homicide against Baldwin, six assistant coaches, and physical therapist John Eric Rueca Quiambao.
Those also recommended to face the same charges are assistant coaches Dean Caesar Castaño, Sandro Nicholas Soriano, Reynaldo Jacinto Jr., Hernan Ameer Domingo, strength and conditioning coaches Caesar Vincent Elumba and Grant Dearns, and Quiambao.
The bureau also recommended filing two counts of simple negligence resulting in homicide against Ateneo athletic director Emmanuel Fernandez, resort owners Francisco Zubia III and Frederick Zubia, and resort co-manager Yedda Mary Rubio.
NBI Homicide Division Chief Romeo Astrero Jr. personally submitted the complaint to the DOJ for preliminary investigation.
In its findings, the NBI said Baldwin conceived, planned and directed the sea drill, selected an open and surf-exposed area for the activity, knew that at least one participant could not swim, and merely gave a verbal warning about rip currents before the exercise.
Investigators also cited the absence of life vests, lifeguards, rescue personnel, and standby medical responders during the activity. The NBI said members of the coaching staff helped design and supervise the sea drill but allegedly failed to implement adequate safety measures despite the risks involved.
The bureau further found that Ateneo’s athletic director allegedly failed to establish and enforce appropriate safety protocols for the team’s off-campus training activities.
Meanwhile, investigators said one of the resort’s operating managers allegedly relied on an artificial intelligence application, instead of consulting competent authorities or official weather and sea condition advisories, before assuring the group that the waters were safe for the activity. The NBI also noted the absence of proper lifeguard accreditation signs at the resort.
Apart from the criminal complaints, the NBI recommended the filing of administrative cases before the Department of the Interior and Local Government against concerned officials of the municipality of Dipaculao over the incident.
Baterbonia and Adili drowned on June 8 during a team-building exercise held as part of the Blue Eagles’ preseason training camp in Aurora. The tragedy prompted separate investigations by the NBI and the Philippine National Police’s Criminal Investigation and Detection Group (CIDG).
Baldwin, members of the coaching staff, Ateneo officials and several players later appeared before NBI investigators to submit their sworn statements. Baldwin subsequently apologized to the victims’ families before resigning as head coach, along with team manager Epok Quimpo.
The CIDG had earlier filed separate complaints before the DOJ, including alleged violations of the Anti-Hazing Act, homicide, and reckless imprudence resulting in homicide against several individuals involved in the incident.
The DOJ will now conduct a preliminary investigation to determine whether probable cause exists to file the recommended criminal charges in court.
The NBI’s recommendation does not constitute a finding of guilt, and the respondents will have the opportunity to answer the allegations during the preliminary investigation.
