The Philippine National Police (PNP) on Friday, June 26, disclosed that it has recommended to the Department of Justice (DOJ) the filing of charges under the Anti-Hazing Act against Ateneo men's basketball head coach Thomas Anthony “Tab” Baldwin and 10 other members of the team's coaching and support staff, saying the law covers not only fraternity initiations but also team activities that inflict physical suffering as a condition for continued membership.

In a press conference spearheaded by Department of the Interior and Local Government (DILG) Secretary Jonvic Remulla, PNP Chief Police General Jose Melencio Nartatez Jr., and other representatives of the two agencies, it was revealed that the recommendation, together with more than 620 pages of testimonies, affidavits and video evidence gathered during 320 hours of interviews involving about 60 respondents, had been signed and forwarded to the DOJ following a nearly three-week investigation into the drowning deaths of Ateneo student-athletes Rene Clert Baterbonia and Divine Adili during a team-building activity in Dipaculao, Aurora on June 8.

The PNP recommended the prosecution of Baldwin, strength and conditioning coaches Grant Dearns and Ceasar Vincent Javellana Elumba, assistant coaches Dean Ceasar B. Castañano, Sandro Nicolas Romero Soriano and Reynaldo C. Jacinto Jr., student managers Paolo Manuel Maceda Adeyoso and Andrew Lorenzo Bondoc Salud, physical therapist John Eric Quiambao Rueca, and utilities Aris Ramos Pronce and Joel Palmiano Rapa, who were all present during the activity.

“We are recommending that the suspects or respondents be prosecuted under Republic Act 11053 or the Anti-Hazing Law because we found out that there is an act of maltreatment or hazing and initiation,” Nartatez said.

“All of them were there on the beach. No one stopped it. No one objected. No one said it was dangerous,” Remulla added.

The recommendation stemmed from the Criminal Investigation and Detection Group's (DIDG) finding that the June 8 seawater training of the Ateneo men’s basketball team met the elements of hazing under RA 11053.

DILG Assistant Secretary for Legal and Legislative Affairs Brian Mey Tomas said the amended law expanded the definition of hazing beyond traditional fraternity rites.

“The crime of hazing under the new Anti-Hazing Act is expanded and covers not only the traditional way of initiation as we are aware of, but it also covers all other acts that inflict suffering and are done as a prerequisite or a requirement for admission or continuing membership into an organization,” Tomas said.

He said the investigation showed that the activity was used to determine which of the 20 players present would make Ateneo's final 17-man roster for the upcoming season of the University Athletic Association of the Philippines (UAAP).

“The supposed team-building activity that was conducted in Aurora was precisely made to determine which members of the team will make it to the final list submitted by Coach Tab Baldwin to the UAAP Board,” Tomas said.

The PNP said the Baterbonia and Adili drowned after they were subjected to seawater training during high tide at around 2:30 p.m. on June 8, after a full day of physically demanding activities that began at 4 a.m.

The CIDG found that Baldwin admitted choosing the June 7 to 12 schedule for the training because there would be a low tide in the area. But investigators said tide tables also showed that high tide occurred at about 2:27 p.m. on June 8, the same period when the water exercise was held.

“The water-based activity constitutes hazing because there is a deliberate intent to cause suffering among the players,” Tomas stressed.

The investigation also found that five players had informed Baldwin that they could not swim before the activity and this further strengthened the government's case.

“The sea water training was planned. He knew something could happen because he asked the players who among them could not swim. Five said they could not swim. After learning that, he taught them how to deal with rip currents. So he already knew. He was fully aware that this could possibly happen,” Remulla explained.

“How can you teach someone who cannot swim how to handle rip currents?” he asked.

Meanwhile, the PNP clarified that investigators found no basis for reports claiming the players had weights attached to their legs. “There was none,” CIDG Director Police Maj. Gen. Robert Alexander Morico said.

The PNP said investigators reviewed not only the June 8 incident but also previous team activities after testimonies surfaced that players had nearly drowned during an earlier training years ago.

Tomas said the recommendation is limited to violation of the Anti-Hazing Act but does not prevent prosecutors from pursuing other offenses, such as homicide.

“This is still subject to such other offenses as the DOJ may find applicable and warranted under the circumstances,” he said. “Homicide is definitely not off the table.”

Remulla also said investigators found alleged inconsistencies in Baldwin's statements.

“When we asked Tab Baldwin if something like this had happened before, he said, ‘I do not recall. There was never any incident that this ever occurred.’ However, his former players testified that they nearly drowned. That in itself shows a great inconsistency,” the DILG chief said.

Baldwin, an American-Kiwi national, has been placed under an Immigration Lookout Bulletin Order (ILBO) while authorities will seek a Hold Departure Order (HDO) once charges are filed.

Meanwhile, the DILG also said the investigation found no evidence that Ateneo administrators, specifically Ateneo president Fr. Roberto "Bobby" C. Yap, S.J., knew about the beach activity beforehand. However, Remulla said possible civil liability under the legal doctrine of loco parentis could still be examined by the DOJ.

Loco parentis refers to the legal doctrine under which an individual or organization assumes the care, custody, and responsibilities of a parent for a child without formally adopting them.

Remulla likewise said the investigation found that the MVP Foundation and Smart, headed by businessman Manny V. Pangilinan, were only sponsors of the basketball program and had no role in planning or conducting the training activity.