The National Bureau of Investigation (NBI) has recommended the filing of criminal charges before the Department of Justice (DOJ) against former Ateneo de Manila University men’s basketball team head coach Tab Baldwin and several others over the deaths of student-athletes Rene Baterbonia and Divine Adili.
In a statement released Monday, the NBI recommended filing complaints for reckless imprudence resulting in two counts of homicide against Baldwin, six assistant coaches, and a physical therapist.
The bureau said the complaint is based on Article 365 of the Revised Penal Code, which covers voluntary acts or omissions committed without malice that cause damage due to an inexcusable lack of precaution, taking into account the offender’s occupation and the surrounding circumstances.
According to the NBI, Baldwin “conceived, planned, and directed the sea drill” conducted during the team’s outing. Investigators said he selected an open, surf-exposed location, was aware that one of the players could not swim, and provided only a verbal warning about rip currents.
The NBI also cited the absence of life vests, lifeguards, and standby medical or rescue personnel, concluding that “foreseeable peril met with grossly deficient precaution” was the proximate cause of the two deaths.
The bureau added that the assistant coaches were responsible for designing and leading the sea drill.
The NBI also recommended filing complaints for simple negligence resulting in two counts of homicide against the team’s athletic director and the resort’s owners.
Investigators said the athletic director failed to establish and enforce athlete safety protocols. Meanwhile, one of the resort’s operating managers allegedly provided assurances that sea conditions were safe based on an artificial intelligence application instead of a competent source and failed to ensure proper lifeguard accreditation signage at the resort.
In addition, the NBI recommended the filing of administrative cases before the Department of the Interior and Local Government (DILG) against responsible officials of the Municipality of Dipaculao, Aurora.
Baldwin, his assistant coaches, and several players appeared before the NBI in June to give their statements as part of the investigation.
Baterbonia and Adili drowned during a team-building activity in Dipaculao, Aurora, on June 8.
Following the incident, Baldwin apologized to the victims’ families, although Baterbonia’s mother said an apology was not enough. Baldwin and former team manager Epok Quimpo have since resigned from their posts.
