Former Ateneo men's basketball head coach Tab Baldwin. UAAP Media/file photo
MANILA — Ateneo de Manila University's legal counsels maintained Thursday that former Blue Eagles head coach Tab Baldwin had no employer-employee relationship with the university.
This was the stand of the university as the Department of Labor and Employment (DOLE) resumed its clarificatory hearing on the employment status of Baldwin, who was not present during the proceedings.
ADMU President Fr. Roberto C. Yap, SJ, was also not there, but he and the university were represented by counsels Atty. Philippe Quimbo and Atty. Krishna Santos.
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Also present as witness was Atty. Jose "Dong" Feliciano, who assisted Baldwin in securing his immigrant visa and Alien Certificate of Registration (ACR).
“What we’ll submit is the consultancy agreement between Ateneo and Coach Tab Baldwin and you’re correct your honor, this is the latest consultancy agreement,” Santos told the investigating panel.
During the proceedings, it was disclosed that Baldwin initially entered the Philippines as a tourist.
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Ateneo later sought Feliciano's assistance in obtaining the appropriate visa that would allow Baldwin to work legally in the country.
However, Usec. Atty. Gerard Mosquera, OIC of the labor department's Labor Relations, Policy and Legislative Liaison Cluster, raised issue with the lawyers' position citing the documents submitted by Ateneo that outlined Baldwin's responsibilities and restrictions.
“So, is my impression correct that these series of Do’s and Don’ts which seems to be occupy almost a page of the contract would reflect substantial control over the performance of the functions of Coach Baldwin,” Mosquera asked the lawyers.
Among Baldwin's responsibilities were:
1. Conduct basketball clinics
2. Participate in talks in university programs
3. Participate in the university’s and MVP group of companies sports related activities
4. Attend all official games, tournaments, conferences and league
The documents also listed several restrictions, including:
1. He can neither endorse nor promote the use of his picture, his name
2. He cannot appear on TV/Social Media for other companies
Atty. Quimbo, however, said the "do's and don'ts" are general and do not necessarily control how Baldwin will execute his responsibilities.
Quimbo further told the panel that "as long as he is able to control the means and methods of the performance of his duties then there is no employer-employee relationship."
Ateneo has been given seven days to submit its position paper on Baldwin's work status.
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The labor department will then evaluate the submissions before issuing its decision, which is expected before the end of July.
Baldwin was head coach of the Ateneo men's basketball team when tragedy struck a team-building activity in Aurora province last June 8, that led to the drowning of student-athletes Rene Baterbonia and Divine Adili.