NBI recommends raps vs. Tab Baldwin, others over Baterbonia, Adili deaths
The National Bureau of Investigation (NBI) on Monday recommended to the Department of Justice (DOJ) the filing of charges against former Ateneo de Manila University men's basketball team head coach Tab Baldwin and others over the deaths of student athletes Rene Baterbonia and Divine Adili.
According to the NBI, the complaint was for reckless imprudence resulting in two counts of homicide against Baldwin, six assistant coaches, and a physical therapist.
In a statement, the NBI said that the principal elements of Article 365 under the Revised Penal Code involves a voluntary act or omission, without malice, causing material damage through an inexcusable lack of precaution judged by the offender’s occupation and the circumstances.
The NBI said Baldwin “conceived, planned, and directed the sea drill.”
It said he also chose the open, surf-exposed site, knew that a player could not swim and only provided a verbal rip-current warning. The bureau also noted the lack of life vests, lifeguards, or medical or rescue on standby.
“Foreseeable peril met with grossly deficient precaution; proximate cause of both deaths,” it said.
Meanwhile, the NBI said the other coaches designed and led the drill.
At the same time, a complaint for simple negligence resulting in two counts of homicide were filed against an athletic director and the resort’s owners.
The NBI said the athletic director had the duty to promulgate and enforce athlete-safety protocols.
Meanwhile, the NBI said one of the resort’s operating managers “gave a careless favorable-sea assurance drawn from an AI application rather than a competent source.”
It said the manager also failed to ensure the resort’s lifeguard-accreditation signage.
The NBI also recommended administrative cases to be filed with the Department of the Interior and Local Government against the responsible officials of the municipality of Dipaculao.
To recall, Baldwin, other coaches, as well as several players, gave their statements to the NBI in June.
Baterbonia and Adili lost their lives in a drowning incident during a team-building activity in Dipaculao, Aurora on Monday, June 8.
The former head coach also apologized to the families of the players, but Baterbonia’s mother said that an apology is not enough.
Baldwin and former team manager Epok Quimpo have since resigned. —AOL/RSJ, GMA News