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Ateneo de Manila University's Divine Adili and Rene Baterbonia. Photos from UAAP Media/NBTC.
MANILA (2nd UPDATED) — The National Bureau of Investigation (NBI) has endorsed the filing of criminal charges before the Department of Justice (DOJ) against former Ateneo de Manila University men’s basketball head coach Thomas Anthony “Tab” Baldwin and 10 other individuals over the deaths of two student-athletes during a team activity in Aurora.
Baterbonia and Adili died by drowning during the basketball team's team building activity in Dipaculao, Aurora in June.
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In a transmittal dated July 8, the NBI Task Force Baterbonia and Adili recommended the filing of reckless imprudence resulting in two counts of homicide against Baldwin; strength and conditioning coaches Ceasar Vincent “CJ” Elumba and Grant Dearns; assistant coaches Reynaldo Jacinto Jr., Dean Caesar Castaño, Sandro Nicholas Soriano, and Hernan Ameer “Buboy” Domingo; and Ateneo physical therapist John Eric Rueca.
The NBI also recommended the filing of simple negligence resulting in two counts of homicide against Ateneo Athletic Director Emmanuel Fernandez, as well as Francisco Zubia III, Frederick Zubia, and Yedda Mary Molina Rubio, identified as the owners and co-manager of Hermanos Leisure & Agri-Farm Resort.
The recommendation stemmed from the NBI Homicide Division’s investigation into the June 8 drowning incident.
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As part of the investigation, NBI agents interviewed several individuals, including Ateneo President Roberto “Bobby” Yap, SJ, Baldwin, more than 20 current and former Ateneo men’s basketball players, members of the coaching staff, the team’s physical therapist, utility personnel, and the resort’s owners and employees before recommending the filing of charges before the DOJ.
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Ateneo said on Monday that they have been informed of the NBI's recommendations, but noted that "at this stage, no case has been filed in court."
"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," they added.
"The University also remains committed to providing whatever support is appropriate to members of the Ateneo community affected by these developments, while respecting the rights of all individuals to due process."
DOLE PROBE
Meanwhile, Labor Secretary Francis Tolentino said he would not issue a judgment yet on the Baterbonia-Adili case, as the Department of Labor and Employment (DOLE) was still awaiting Ateneo de Manila University's memorandum regarding the employer-employee relationship with Baldwin.
During last week's clarificatory hearing, Tolentino said the legal representatives of Ateneo de Manila University maintained that Baldwin was only a consultant of the university.
“Siguro itong July talagang mailalabas natin yung desisyon. Nung huling hearing, mine-maintain pa rin ng Ateneo na consultant lang nila si Tab Baldwin pero maraming mga marka na hindi consultancy agreement yun,” said Tolentino.
“Hinihintay din namin yung mga memorandum na ifa-file nila. Bahagi ito ng due process, hindi ko agad mahusgahan yan. Hintayin natin ‘yung kanilang memorandum patungkol doon sa employer-employee relationship. After SONA ilabas namin ito,” he added.
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REFERRALS CONSOLIDATED
The Department of Justice said Monday that the recommendations made by the NBI as well as the Philippine National Police - Criminal Investigation and Detection Group have been consolidated.
Justice Secretary Fredderick Vida confirmed that the department received the NBI's recommendation on Monday.
"We received that referral from NBI and together with the earlier complaint filed by the PNP-CIDG, now we are consolidating everything and soon we will be coming up with a decision on how to proceed," he said.
In a statement, the DOJ said the NBI's referral, similar to the PNP's, will be subjected to an evaluation process.
"The NBI's referral and the evidence submitted will be evaluated taking into account the earlier complaint filed by the CIDG concerning the same matter," the DOJ said.
The department said it cannot disclose further details on the evaluation of the referrals of the PNP and the NBI.
— With reports from Christopher Sitson and Adrian Ayalin, ABS-CBN News
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