The Department of Labor and Employment (DOLE) issued on Thursday, June 11, a show cause order on Ateneo de Manila University men’s basketball team head coach Tab Baldwin in connection with the drowning incident in Aurora involving two college players.

In the summon, DOLE Secretary Francis Tolentino said Baldwin is required to appear in his office in Intramuros, Manila at 10 a.m. on Monday, June 15, to prove that he has sufficient documents to work in the country as a foreigner, and to explain his side on the June 8 incident in Aurora resort.

While DOLE is in possession of Baldwin’s Alien Employment Permit (AEP), Tolentino said the summon is intended to give the former a chance to explain as part of the due process.

“If he is compliant, then there is nothing to fear. But if he is not, then the DOLE will act accordingly,” said Tolentino in a press briefing.

“This is not about persecution, this is about the rule of law,” he stressed.

Police said Ateneo basketball players Rene Baterbonia and Divine Adidi drowned after they were hit by strong waves while walking on waist-deep water as part of the training program in a beach resort in Aurora.

The bodies of the two were recovered five meters away from the shoreline but 30 to 40 minutes after they disappeared when they were hit with strong waves.

Police investigators saw Baldwin at the resort hotel but due to shock and emotional distress due to the incident, only two people from the team were sent to give statements to the police.

In summoning Baldwin, Tolentino cited Article 40 of the country’s labor law as the legal basis.

“No foreign national working in this country is above the law regardless of status, reputation, and the institution they represent,” said Tolentino.

“Coach Baldwin is employed in the Philippines and therefore subject to labor laws. DOLE is simply doing its job in verifying that he holds a valid and current AEP as required under Labor Code,” he added.

Aside from working permit matters, Tolentino said he will also ask Baldwin to explain the incident that happened in Aurora to determine if such activity is included in his job description and permit.

And in relation to that, he said Baldwin will be asked to present proof if off-campus training activities such as the team building in Aurora is included in his scope of work as head coach.

The 68-year American-Mew Zealand coach has been leading the Ateneo basketball team since 2016. He also served as heac coach of the Gilas Pilipinas Youth national basketball program.  

Tolentino said that while he acknowledges the contribution of Baldwin to Philippine basketball, there is a need for DOLE to look into the matter especially that he recently implemented policy reforms on the issuance of AEP to protect the interest of Filipino workers.

What if Baldwin would not cooperate?

Tolentino said they will be forced to suspend or cancel his AEP.

He said the serious part is that the DOLE could refer his case to the Bureau of Immigration for action, including deportation.

Aside from Baldwin, Tolentino said they are now conducting an investigation to determine if there were safety lapses on the part of the management of the resort where the incident happened.