Full accountability in drowning deaths
More than a month after the drowning deaths of two Ateneo de Manila University (ADMU) student athletes, the National Bureau of Investigation (NBI) and the Philippine National Police-Department of the Interior and Local Government (PNP-DILG) have recommended the filing of separate charges against the University’s athletic coach, several ADMU sports personnel, the resort owners in Dipaculao, Aurora, and local police and disaster officials in the municipality.
Rene Baterbonia and Divine Adili drowned at a beach resort in Dipaculao, Aurora province during a supervised ADMU team-building activity on June 8.
The NBI on Monday recommended to the Department of Justice (DOJ) that then ADMU men’s basketball coach Thomas Anthony “Tab” Baldwin and seven others be charged with reckless imprudence resulting in two counts of homicide over the deaths of Baterbonia and Adili.
Separate charges of simple negligence resulting in two counts of homicide were also recommended against several ADMU sports personnel and the owners-managers of Hermanos Leisure and Agri-Farm Resort in Dipaculao, Aurora, where the team training activity was held.
Adequate safeguards
Administrative charges were recommended against Dipaculao town officials, specifically the Business Permits and Licensing Officer, Municipal Tourism and Cultural Development Officer, and the Municipal Disaster Risk Reduction and Management Office head.
The PNP-Criminal Investigation and Detection Group earlier recommended the filing of charges against Baldwin and 10 others for violating Republic Act No. 11053 or the Anti-Hazing Act.
In a summary of the recommended charges posted on its Facebook account, the NBI said that Baldwin “conceived, planned and directed the sea drill” and “chose the open-surf-exposed site,” while the other sports personnel “designed and led the regimen culminating in the sea drill,” but failed to ensure there were adequate safeguards at hand.
The Dicupalao municipal officials were cited for not enforcing regulations regarding standard operating procedures, resort safety inspections, and proper lifeguard training, among others.
DILG Secretary Jonvic Remulla explained that the ADMU team-building activity crossed into hazing because it included “forced calisthenics and exposure to the weather.”
Criminal negligence
Added DILG legal and legislative affairs chief Brian Tomas: “It is clear from the itinerary of the players that they were subjected to intense physical activity … The victims were exposed to a hazardous open-sea environment characterized by rip currents, strong waves and varying seabed depths.”
Tomas further cited the definition of hazing as “any act that results in physical or psychological suffering, harm, or injury … as part of an initiation rite or practice … as a prerequisite for admission or a requirement for continuing membership.” Of the 20 members of the Ateneo men’s basketball team present at the activity, only 17 would be included in the roster of players to be submitted to the University Athletics Association of the Philippines.
The filing of charges on culpable ADMU sports officials is a welcome development amid recriminations over the university’s silence and seeming indifference to the two families’ plight immediately after the fatal incident. Respect for the families’ grief and privacy does not necessarily preclude a more open and active expression of support, as well as a more transparent stance on what actually happened. ADMU’s delayed response surely added to the clamor for justice and legal responsibility for all parties concerned. While the drowning deaths may be an accident, there were clearly instances of criminal negligence among the organizers for which they must be held accountable.
Stronger safety protocols
It is now time for the DOJ to consolidate the two sets of charges to build a stronger case against the respondents. At the same time, ADMU officials must live up to what it has repeatedly said during the investigation, and own up to lapses in its athletic program.
As it is, the university appears to be shirking command responsibility over the drowning deaths. Already, it has dissociated itself from Baldwin, saying that he was merely a consultant and that no employer-employee relationship existed between him and ADMU.
At a labor department meeting, ADMU’s counsel pinned the blame for the incident entirely on Baldwin: “In an employer-employee relationship, the employer has the power to control the means and methods of the employee’s work. On the other hand, a consultant like Coach Baldwin is a specialist and he has the discretion to perform the work in a manner that he sees fit.”
Should ADMU escape accountability over such logic? Or would law enforcement authorities find enough resolve to impose sanctions on a university intent on washing its hands off the deaths of two of its students? At the very least, the serious charges should prompt other schools to put in place stronger safety protocols for students entrusted in their care.
