Tab Baldwin worked as consultant, not employee for Ateneo: Lawyers
Lawyers representing Ateneo de Manila University clarified that there was no employer-employee relationship between former Blue Eagles coach Tab Baldwin and the university.
During a clarificatory hearing on July 9, Atty. Krisha Santos said that Baldwin, who was absent from the Thursday proceedings, only worked as a consultant. This comes following the drowning incident that claimed the lives of two Ateneo student-athletes Rene Baterbonia and Divine Adili during a team-building trip on June 8.
"A consultant, like Coach Baldwin, is a specialist and he has discretion to perform the work in a manner that he sees fit[.] The university's agreement with Coach Baldwin is a consultancy agreement and not an employment contract," she said.
"The university contracted him because of his well-regarded coaching expertise, having previously been the national coach of New Zealand, Jordan, and even the Philippine national team itself," she added.
Labor Secretary Francis Tolentino questioned this, as the contract stated a monthly compensation for Baldwin, which was redacted. "There is a housing allowance, there is a transportation allowance. There is a monthly base compensation."
Santos said that there's a "consideration in an independent contractorship agreement."
The university's other lawyer, Atty. Philippe Quimbo added that the consideration in the contract is "normal." "I'm not sure Coach Tab would've done it for free," he said.
Ateneo was also asked about the listed Do's and Don'ts in the contract, which, according to DOLE Usec. Gerard Mosquera, "reflect substantial control" over Baldwin's duties and obligations.
Among these were conducting basketball clinics, participating in talks in university programs, participating in the university's and MVP Group of Companies' sports-related activities, and attending all official games, tournaments, conferences, and leagues.
Meanwhile, the restrictions include limitations on TV and social media appearances.
Quimbo maintained that these do not control how Baldwin performs his duties.
"As long as he is able to control the means and methods of the performance of his duties, then there is no employer-employee relationship," he said.
In a previous DOLE hearing on June 29, Baldwin said that Atty. Dong Feliciano told him his permanent residency, which he gained in 2016, would suffice in place of an alien employment permit.
Feliciano appeared before the hearing on Thursday and admitted that he helped Baldwin secure a Philippine Quota Immigrant Visa, which is offered to nationals of countries with diplomatic relations with the Philippines.
"When we secured the Quota Immigrant Visa for Coach Tab back in 2015, we did not apply for an [AEP] because it is our position that as a permanent resident, he's exempted from the [AEP]," he said.
Baldwin, an American-Kiwi coach, resigned from his position at Ateneo a week after the tragedy.
