THE National Bureau of Investigation (NBI) announced on Thursday that its inquiry into the tragic drowning of Ateneo de Manila University basketball players Rene Clert Baterbonia and Divine Adili will center on possible criminal negligence as the primary legal issue.
The two student‑athletes lost their lives on June 8 during a team‑building activity held at a beach resort in Dipaculao, Aurora, an incident initially assessed by local police as having no signs of foul play. Despite that finding, the NBI clarified that its own investigation — conducted under the direction of the Department of Justice and in accordance with Republic Act No. 10867 — is moving forward independently and will cover every possible angle.
“With due respect to the initial findings of the Aurora Police Provincial Office, which reported no signs of foul play, the NBI — acting upon the directive of the Department of Justice and pursuant to its mandate under Republic Act No. 10867 — has deployed a dedicated Task Force and personnel who are at present deeply investigating all angles of these deaths, including the question of whether foul play is indeed absent,” the agency stated. It emphasized that its work is entirely separate from the review already completed by the Philippine National Police (PNP), ensuring a fresh and thorough examination of the facts.
The bureau explained that the absence of foul play does not close the case or settle all legal questions involved. “It is important for the public to understand what a finding of ‘no foul play’ does and does not resolve. Such a finding speaks to the absence of intentional harm. It does not, by itself, answer a separate and equally consequential question under our laws: whether these deaths resulted from negligence in the conduct of the activity,” it pointed out. This distinction is critical, as the focus now shifts from intent to the level of care, preparation, and supervision exercised during the event.
Under Article 365 of the Revised Penal Code, death caused by reckless or simple imprudence is classified as a criminal offense, regardless of whether anyone intended to cause harm. “An event may be ‘accidental’ in the sense that no one wished it, and yet remain the product of a failure to exercise the care the law demands,” the NBI noted. Its investigation will therefore determine whether organizers, coaches, or personnel failed to follow safety standards, provide proper guidance, or assess risks properly — failures that, if proven, could lead to criminal charges for negligence even without evidence of malice.
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