NBI: ‘No foul play’ finding does not rule out liability in Aurora drowning

THE National Bureau of Investigation (NBI) said the initial finding of “no foul play” in the drowning of Ateneo student-athletes in Dipaculao, Aurora does not rule out possible criminal liability, as it conducts an independent probe into the incident.

In a statement on Thursday, the NBI said it has deployed a dedicated task force following the directive of the Department of Justice (DoJ) to investigate the deaths of Rene Clert Baterbonia and Divine Adili.

It said that while the Aurora police had initially reported no indication of foul play, this does not preclude liability under criminal law, including negligence arising from reckless or imprudent conduct.

The bureau said it is also examining whether the deaths may have resulted from negligence in the conduct of the activity, noting that under Article 365 of the Revised Penal Code, reckless or simple imprudence resulting in death is punishable even in the absence of intent.

It added that school-sanctioned activities require organizers to exercise the standard of care under the Civil Code, including proper supervision, risk assessment, and safety measures, and is reviewing whether these duties were observed during the team-building activity.

The NBI stressed that its inquiry is not directed at any institution due to its name, standing, or resources, adding that accountability is determined solely on facts and conduct. It also urged the public to refrain from speculation while the investigation continues.

Malacañang likewise called for a prompt investigation into the deaths.

Presidential Communications Office Undersecretary Clarissa A. Castro on Thursday said authorities should thoroughly examine the circumstances surrounding the incident, stressing that we should neither preempt nor prejudge the outcome of the probe.

“There really has to be an immediate investigation because the outcome of the supposed training activity was unfortunate. Of course, we should not preempt or prejudge the matter, which is why a thorough investigation is necessary,” Ms. Castro said in Filipino.

Separately, Israelito P. Torreon, counsel for the Baterbonia family, has asked the DoJ and the Bureau of Immigration to issue an Immigration Lookout Bulletin Order against Ateneo men’s basketball coach Thomas Anthony “Tab” Baldwin.

In a June 10 request, Mr. Torreon said the measure was not intended to prejudge Mr. Baldwin’s criminal, civil, administrative, or disciplinary liability, but to ensure authorities would be notified should he attempt to leave the country while the investigation is ongoing.

The request argued that Mr. Baldwin, as head coach of the Ateneo men’s basketball program, may possess material information relevant to determining who planned, authorized, supervised, and implemented the team-building activity, as well as whether adequate safety protocols were in place.

LABOR COMPLIANCE
Meanwhile, Labor Secretary Francis N. Tolentino said on Thursday that the Department of Labor and Employment (DoLE) has summoned Mr. Baldwin to present proof of his Alien Employment Permit following questions raised after the incident.

Mr. Tolentino said foreign nationals working in the Philippines are subject to local labor laws and must possess valid permits issued by DoLE.

“No foreign national working in this country is above the law, regardless of their status, reputation, or the institution they represent,” he said, adding that the agency is verifying compliance with labor regulations.

He said the move is “not about persecution” but about ensuring compliance and accountability.

“DoLE’s role is to ensure that every person employed in this country is working lawfully and within the bounds of our labor laws,” he said.

Mr. Tolentino said Mr. Baldwin’s appearance is intended solely to verify his permit status.

“If he is compliant, there is nothing to fear. If he is not, then the department will act accordingly,” he said. — Mark Joseph M. Sanchez with Erika Mae P. Sinaking