Ateneo de Manila University may be held liable for the drowning incident that led to the deaths of two of its athletes, Rene Baterbonia and Divine Adili, according to sports law professor Alberto Agra.
In an interview, Agra said that both the university and the coaching staff could be held liable if negligence is proven in connection with the incident.
“If the tragedy could have been prevented but still happened, then there could be liability. First, the school could be liable if the activity was sanctioned by the university, and second, the coaches and coaching staff could also be held accountable,” he said.
“They may have liability because, first, the activity was sanctioned, and second, questions must be asked: Were safety protocols in place? Was there a policy governing the activity? Could the incident have been avoided?”
Agra also said that even if the athletes’ families signed waivers, the school would not necessarily be exempt from liability.
“A waiver only covers risks that are reasonably foreseeable or likely to happen. Negligence, unsafe practices, and the lack of proper medical protocols are not covered by a waiver,” Agra explained.
Although it remains unclear what specific cases may be filed, Agra said that anyone found negligent could face criminal charges, imprisonment, or civil liability for damages.
The lawyer also urged lawmakers to enact stronger legislation to ensure the safety of student-athletes and to hold schools accountable for negligence and safety lapses.
“We have laws on student protection, but unfortunately, they appear to be insufficient because they do not adequately address what we call safe sports,” Agra said. — ReynaldoA
