Dole slaps P4.9-M fine on Baldwin, Ateneo for Labor Code violations
The Department of Labor and Employment (Dole) on Tuesday ordered former Ateneo men’s basketball head coach Thomas Anthony “Tab” Baldwin and Ateneo de Manila University to pay a fine of P4.9 million after it found them administratively liable for separate violations of Article 40 of the Labor Code.
In its decision, Dole said that Baldwin failed to secure an alien employment permit (AEP) while working for Ateneo as required under the said provision.
During a clarificatory hearing conducted by the labor department on his work status on June 29, Baldwin admitted that he did not have an AEP although he had been working in the Philippines as a coach for several teams since 2013. He is a citizen of both the United States and New Zealand.
While his lawyer had reasoned out that Baldwin was exempted from securing an alien work permit because of his status as a permanent visa holder, Labor Undersecretary Gerard Mosquera said that the basketball coach never applied for a certificate of exemption (COE), which was necessary for those seeking exemption from the requirement.
Deportation proceedings
Due to this violation, Dole imposed a fine of P10,000 each for every year of noncompliance with the AEP requirement on both Baldwin and Ateneo. The period covered his employment under the university from Dec. 1, 2015, to Sept. 28, 2016.
In addition to this, the labor department also fined Baldwin and Ateneo a total of P4.9 million for failing to secure a COE.
“Finally, without prejudice to civil, administrative or criminal complaints pending before other investigative agencies or the courts of law against Mr. Baldwin, this matter is hereby referred to the Bureau of Immigration (BI) for summary deportation proceedings,” Dole said.
In a statement, Ateneo said it had received the order from the labor department, adding that it would take appropriate steps after reviewing the decision.
“The University is currently reviewing the Order with its legal team and studying the remedies available to it under the law,” it said.
Baldwin, who led the Ateneo men’s basketball team to four University Athletic Association of the Philippines (UAAP) championships, stepped down as head coach on June 15 after two members of the team, Rene Baterbonia and Divine Adili, drowned during a team-building activity in Dipaculao, Aurora, on June 8.
Recommended charges
On July 8, the National Bureau of Investigation recommended to the Department of Justice (DOJ) that Baldwin and seven other members of the coaching and support staff be charged with reckless imprudence resulting in two counts of homicide.
Before that, the Philippine National Police had also recommended to the DOJ that Baldwin and 10 members of the coaching and support staff be charged with hazing for subjecting the victims to “intense physical activity” and hazardous sea conditions.
This was followed by another PNP recommendation on July 1 that Baldwin and eight others be charged with two counts of homicide and two counts of reckless imprudence resulting in homicide.
No charges have been filed against Baldwin or his former coaching staff over the deaths of Baterbonia and Adili. On Aug. 8, the UAAP permanently banned Baldwin from the league and also barred him from entering any UAAP competition venue.
It also suspended indefinitely from all UAAP competitions eight members of the Ateneo coaching and support staff.
No sanctions, however, were meted out against the university and basketball team members who will be eligible to play in the upcoming UAAP season.
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