NBI creates task force to probe Ateneo student-athletes’ death

The National Bureau of Investigation (NBI) has established a specialized task force to thoroughly examine the tragic deaths of two Ateneo de Manila University student-athletes, Rene Clert Baterbonia and Divine Adili, who drowned during a team-building activity in Dipaculao, Negros Oriental. The NBI's decision follows the release of preliminary findings by the Aurora Police Provincial Office (PPO), which concluded that there was no indication of foul play in the incident. However, the NBI emphasized that the absence of foul play does not automatically absolve the organizers or supervisors of potential legal responsibility, particularly concerning negligence or failure to ensure safety protocols.

According to the NBI's administrative order No. 16, issued by Director Melvin Matibag on June 10, the task force comprises five distinct divisions tasked with examining multiple facets of the case. These include the Homicide Division, the Aurora District Office, the Technical Investigation Division, the Digital Forensic Laboratory, and the Medico Legal Division. Each division is required to submit regular progress reports, starting with an initial report within ten days of the order's issuance and subsequent weekly updates until the investigation concludes. The NBI has made it clear that the investigation will be conducted independently and in coordination with the Philippine National Police (PNP) and other relevant authorities.

The NBI highlighted several critical areas of focus for the investigation. These include assessing whether the hazards of the location and the condition of the sea were adequately evaluated, whether sufficient safeguards and supervision were in place, and whether the sequence of events leading to the deaths indicates a breach of the duty of care owed to the students. The bureau underscored that even if an event appears accidental, it can still result from a failure to meet the legal standards of care, particularly when the activity is organized and sanctioned by an educational institution for its student-athletes.

Under Article 365 of the Revised Penal Code, the NBI explained that causing death through recklessness or simple imprudence constitutes a criminal offense, irrespective of intent to harm. The bureau further noted that the legal standard of care required of those organizing such activities is akin to the diligence of a "good father of a family," as outlined in Articles 1173, 2176, and 2180 of the Civil Code. This underscores the expectation that institutions must take proactive measures to safeguard the well-being of participants.

The NBI explicitly clarified that the investigation is not aimed at targeting any particular institution but rather at evaluating the conduct and factual circumstances surrounding the incident. The bureau criticized those who might frame the tragedy as a conflict between privilege and power, asserting that such perspectives misinterpret both the law and the purpose of the inquiry.

Before the incident, Baterbonia, a 19-year-old student-athlete who had recently competed in the Palarong Pambansa finals and was set to join the Blue Eagles program, and Adili, a 21-year-old Nigerian international student-athlete who had previously participated in the UAAP Season 88 men’s basketball tournament, were engaged in a team-building exercise. During the activity, they were reportedly walking in thigh-deep water when they were swept away by strong currents. The PNP's initial findings indicated that the strong current was the primary factor contributing to the drowning, though the exact circumstances remain under scrutiny.

As the investigation unfolds, the Philippine Sports Commission has pledged to form a multi-stakeholder panel to assist in the inquiry, while the University Athletic Association of the Philippines has expressed willingness to consider sanctions against individuals found responsible for the players' deaths. Calls for the suspension of Ateneo’s coach, Tab Baldwin, have gained traction amidst growing concerns over the safety of student-athletes during organized activities.