NBI: ‘No foul play’ does not rule out responsibility for 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 mean that they may be guilty of a crime, as they are conducting an independent investigation into the incident.
In a statement on Thursday, the NBI said it has assigned a dedicated team following the order of the Department of Justice (DoJ) to investigate the deaths of Rene Clert Baterbonia and Divine Adili.
It said that although Aurora police had initially reported that there were no signs of foul play, this does not preclude liability under criminal law, which includes negligence resulting from reckless conduct or carelessness.
The Bureau said that it is also investigating whether the death of people may have been caused by negligence in the performance of work, noting that under Article 365 of the Revised Penal Code, negligence or recklessness that leads to death is punishable even when there is no intention.
It added that school-approved activities require planners to use a standard of care under the Civil Code, including proper supervision, risk assessment, and safety measures, and reviews whether these activities are observed during team building activities.
The NBI stressed that its investigation is not directed at any institution because of its reputation, standing, or resources, adding that accountability is determined solely by facts and conduct. It also urged the public to refrain from speculating while the investigation is ongoing.
Malacañang called for an immediate investigation into the death.
Presidential Communications Secretary Clarissa A. Castro on Thursday said the authorities should look closely at the circumstances surrounding the incident, stressing that we should not delay or prejudge the outcome of the investigation.
“Certainly there must be an immediate investigation because the result of the supposed training is wrong. Yes, we must not consider or prejudge this issue, that’s why a thorough investigation is needed,” Ms. Castro said in Filipino.
Separately, Israelto P. Torreon, counsel for the Baterbonia family, 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 request dated 10 June, Mr. Torreon said the move was not intended to prejudge Mr.
The petition argued that Mr. Baldwin, as the head coach of the Ateneo men’s basketball program, may have important information relevant to determining who planned, authorized, supervised, and initiated the team building operation, and whether adequate safety procedures were in place.
EMPLOYEE COMPLIANCE
Meanwhile, Labor Secretary Francis N. Tolentino said on Thursday the Department of Labor and Employment (DoLE) called Mr.
Mr. Tolentino said foreigners working in the Philippines are subject to local labor laws and must have valid permits issued by the DoLE.
“No foreigner working in this country is above the law, regardless of his status, his name or the institution he represents,” he said, adding that the organization ensures that it complies with labor laws.
He said this move is “not about prosecution” but about ensuring compliance with the law and accountability.
“The role of DoLE is to ensure that everyone who is employed in this country works legally and within the limits of labor laws,” he said.
Mr. Tolentino said the appearance of Mr. Baldwin is only intended to confirm his consent status.
“If he obeys the law, there is nothing to fear, if he does not do that then the Ministry will take appropriate measures,” he said. – Mark Joseph M. Sanchez with Erika Mae P. Sinaking
