Unmistakable negligence’ seen in the deadly Boracay dragon boat mishap

The Puwersa ng Bayaning Atleta (PBA) party-list has condemned the unmistakable negligence of the management of the Boracay Dragon Force Team which caused the death of seven of its athletes when their boat capsized while training off Boracay Island.

PBA party-list Rep. Jericho Nograles said that for one, it doesn’t make any sense for a professional dragon boat team like the Boracay Dragon Force (BDF) to be accepting members who do not know how to swim.

There is also an obvious case of negligence on the part of the BDF for allowing their paddlers to go out on training without wearing the required safety equipment particularly life vests.

“It should be expected that boats can capsize or things can go wrong during training especially in the open sea where conditions can change anytime. From what I have been told, it turns out that one of the fatalities does not know how to swim. How can that even happen?” The fact that dragon boat athletes were not trained to swim or had no safety devices can constitute negligence.” Nograles said.

PBA President Mark Sambar said that the incident involving the BDF should serve as a wake-up call for the Philippine Sports Commission (PSC) to be more proactive and persistent in requiring National Sports Associations (NSAs) to regularly conduct risk assessment and strictly practice all the needed safety protocols during training and actual competition.

“The report, attested to by Local Disaster Risk Reduction and Management Officer II Catherine O. Fulgencio, said the victims were not wearing life vests and one of them did not know how to swim. So all 7 died without life vests and one did not know how to swim,” Sambar noted.

Sambar warned that NSAs that are negligent of the welfare and safety of their athletes can be held criminally liable under Article 365 of the Revised Penal Code.

“It is clear under our penal laws that any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods and if it constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed,” Sambar pointed out.

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