The ‘hazing’ angle in the deaths of Rene and Divine

The news of the deaths of two student-athletes from the Ateneo Blue Eagles Men’s Basketball Team, Rene Baterbonia (19) and Divine Adili (21), is as shocking and tragic as the Mindanao Earthquake of June 8.

Based on publicly released information, the two student-athletes died from drowning during a “team water activity” along the beaches of Dipaculao, Aurora.

It has been reported that the ADMU MBT players, along with the coaching staff, were in Dipaculao for a “team building activity.”

The ADMU statement and post-incident actions leave no doubt that the “team-building activity” in Aurora was sanctioned, or at least known to, ADMU management. But whether the said activity was lawful or legally compliant is a matter that requires a review of CHED Memorandum Order 63 of 2017.

CHED CMO 63 requires that prior to approval of the off-campus activity, the ADMU president should have been provided the “design” of the activity down to the hourly activities. Parental consent is also mandatory.

Adequate personnel and equipment relevant to the activities in the submitted design must also be provided by ADMU management before athletes set foot off campus. Coordination with the LGU is also prescribed under CMO 63 for good measure. Were all these complied with by the university?

The question on everyone’s mind is: what were the young ball-players doing in the waters of Dipaculao? Why were they undergoing intense training when the activity was supposed to be a “team-building activity?” Former Ateneo player Mike Nieto said this was actually a secretive “boot camp” and that someone in their batch was “saved” by Coach Baldwin after nearly drowning at sea during swimming exercises.

Why does it appear that there were no ADMU water safety personnel and equipment during the activity? Why were the members of the team exposed to the perils of the Pacific Ocean? (Yes, the waters of Aurora are part of the Pacific Ocean and known for their treacherous water currents.)

Aurora police authorities admitted that this was not the first drowning incident in the area this year. Signage about the dangerous currents is also posted at the beach. Was this taken into consideration by ADMU when it decided to bring its students to the area?

Was full disclosure of the hazards of the “boot camp,” including the dangerous currents in Aurora, provided to the parents before the activity? Did they give informed consent to these conditions? Baterbonia’s mother’s anguished cry on television shows that she learned the details of the boot camp only after her son’s death.

Dipaculao Mayor Tolentino said there was no coordination with the LGU for this activity.

There are too many unanswered questions that should prompt everyone, including law enforcement agencies, to take a closer look at the tragic event.

Both student-athletes were juniors on the Ateneo MBT. Their involvement in the so-called “team building” seems to have been mandatory. Imagine the pressure on a rookie and a junior to participate in a “boot camp” before the new season starts. It looks like they were compelled to engage in physical activities, especially challenging the rough waters of the Pacific, to gain and maintain their spot on the team.

Under RA 1053 (the Anti-Hazing Act of 2018), hazing may be committed by “any act that results in physical or psychological suffering, harm or injury inflicted on a recruit, neophyte, applicant or member as part of an initiation rite or practice made as a prerequisite for admission or a requirement for continuing membership in a fraternity, sorority or organization including, but not limited to, paddling, whipping …forced calisthenics, exposure to the weather … or any brutal treatment or forced physical activity which is likely to adversely affect the physical and psychological health of such recruit, neophyte, applicant or member. xxx.”

An objective look at the elements of hazing and the factual circumstances will lead many to conclude that the tragic deaths of the young athletes are the result of hazing.

CHED, as the primary authority responsible for implementing CMO 63 and the Student-Athletes Protection law, has started its investigation. The PSC (which actually has no jurisdiction over student-athletes) has stepped forward, leading a multisectoral panel to review athletes’ safety protocols. The NBI has joined the fray.

Recognizing the presence of hazing elements requires expanding the scope of the investigation into the tragic deaths beyond the liability of the “personnel in charge” and the ADMU’s general in loco parentis responsibility to include their culpability under the anti-hazing law.

Death from a freak and unforeseen accident is different from death caused by negligence, more so, death as a result of hazing.

The legal consequences for the three differ significantly. An unforeseen accidental death absolves those involved of criminal liability. Death caused by negligence or reckless imprudence resulting in homicide is a bailable offense and carries a probationable penalty of six years. Death by hazing carries the penalty of reclusion perpetua and bail becomes conditional. Criminal liability attaches to everyone who participated in or even planned the event.

It is thus critical that a thorough, honest-to-goodness investigation into the tragic deaths of the student-athletes be conducted under the anti-hazing law.

This is the only way that justice will be served for Rene and Divine. This is the only way that we can really give them peace.