Criminal negligence? NBI to probe 'all angles' in Ateneo players' deaths

The National Bureau of Investigation (NBI) on Thursday said its probe will focus on possible "criminal negligence" in the deaths of Ateneo basketball players Rene Clert Baterbonia and Divine Adili.

In a statement, the NBI said it is examining "all angles" surrounding the incident, including whether foul play can truly be ruled out, despite earlier findings from local police indicating no signs of intentional harm.

“With due respect to the initial findings of the Aurora Police Provincial Office, which reported no signs of foul play, the NBI — acting upon the directive of the Department of Justice and pursuant to its mandate under Republic Act No. 10867 — has deployed a dedicated Task Force and personnel who are at present deeply investigating all angles of these deaths, including the question of whether foul play is indeed absent,” the NBI said.

Baterbonia and Adili died on June 8 during a team building activity at a beach resort in Dipaculao town.

The NBI pointed out that its probe is separate from the initial assessment of the Philippine National Police (PNP).

"It is important for the public to understand what a finding of “no foul play” does and does not resolve. Such a finding speaks to the absence of intentional harm. It does not, by itself, answer a separate and equally consequential question under our laws: whether these deaths resulted from negligence in the conduct of the activity," said the NBI.

"Under Article 365 of the Revised Penal Code, death caused by reckless or simple imprudence is a criminal matter wholly independent of any intent to harm. An event may be “accidental” in the sense that no one wished it, and yet remain the product of a failure to exercise the care the law demands," it added.

The NBI said its newly formed Task Force Baterbonia & Adili is reviewing safety protocols, supervision, and environmental conditions at the time of the incident as part of its investigation.

According to the NBI, organizers of school-sanctioned activities have a legal duty to ensure proper care, safety, and supervision of student participants.

Investigators are also looking into whether safety standards were met, including assessment of sea conditions, availability of safeguards, and adequacy of supervision during the activity.

The NBI said the investigation is not influenced by the institutions involved and focuses solely on facts and legal standards of care.

“This inquiry is not directed at any institution because of its name, its standing, or its resources, and it is not pursued on behalf of any family because of theirs. The law fixes a single standard of care that binds every organizer of every activity, and it is measured against conduct and facts alone,” the NBI said.

“A prestigious institution is neither shielded by its stature nor singled out because of it. Those who would cast this tragedy as a struggle between the privileged and the powerless mistake both the law and the purpose of this inquiry,” it added.

The NBI said the bureau “will proceed with objectivity, without prejudgment” in the investigation. --VAL, GMA News