Sports Law Act 1

In a rainy September morning in 2004, the Ateneo de Manila University
Men’s Soccer team hosted the San Beda College Soccer team in a tune-up game.
At that time, both teams were steadily preparing for their respective title
defenses—the Ateneo Blue Booters won the University Athletic Association of
the Philippines (UAAP) soccer crown, while the San Beda Red Lions had won the
National Collegiate Athletic Association (NCAA) soccer title—and the game was
supposed to be a measure for both squads in their hopes of reclaiming their
respective titles. It was also a chance for the coaches to field in new players and
to see whether these young hopefuls had what was needed to play on the best
Philippine collegiate soccer teams.
One of those young hopefuls was Chino Tobias, a freshman from the
Ateneo team. Tobias played goalkeeper in high school and was hoping to make
the team in his freshman year. Ompong Merida, coach of the Ateneo squad,
gave Tobias the nod that morning and sent the freshman to man the posts. It
was a day Tobias would never forget—and for all the wrong reasons.
Tobias was tasked to face a San Beda squad determined to prove
themselves against their counterparts. The Red Lions, composed mostly of
national team recruits, attacked the Ateneo goal incessantly. Spearheading the
attack was prized recruit Dan Padernal, an Ilonggo who was known for his
football prowess but notorious for his dirty play. Five years earlier in an
Olympic qualifying match between the Philippines and Japan, Padernal seriously
injured rising Japanese football star Shinji Ono with a heinous tackle from
behind. At that time, the Philippines were already losing 11-0, and Padernal’s
tackle was more likely a result of frustration than of hard-nosed defending. The
tackle tore one of Ono’s left knee ligaments, and the future of Japanese football
was forced to watch the 2000 Sydney Olympics on the bench.
This time, the score was nil-nil, with the Red Lions’ attack kept at bay by
the combined efforts of the Blue Booters and their upstart goalkeeper.
And then it happened.
A San Beda attack was foiled inside the Ateneo box, with the ball rolling
into the area of Tobias. Tobias dove for the ball, securing it safely in his arms.
The play was supposed to be over—but Padernal, never one to give up, sprinted
and then slid on the muddy pitch to win the ball from Tobias. The momentum
of his slide tackle brought him straight to Tobias who was caught unaware.
With a sickening sound, Padernal’s knee caught Tobias squarely on the jaw.
Helped by his teammates, Tobias gingerly stood up and was immediately
substituted. He was no longer in any condition to play. Blood was pouring from
his mouth, and his jaw was grotesquely out of place. A medical check-up that
afternoon revealed a broken jaw that required immediate surgery. It took
Tobias three months to recover from the incident, and more than a year to get
back on the pitch.
Despite the yellow card brandished to Padernal, the Ateneo team was not
happy with the incident. Coach Ompong Merida reported the incident to the
Ateneo University Athletics Office, and fearing for the safety of his players,
requested that Padernal be banned from playing within the Ateneo premises or
whenever San Beda played Ateneo. The Ateneo University Athletics Office
heeded this policy and a ban on Padernal was imposed.
Fingers pointed to Padernal as the sole culprit of the injury—there was no
doubt that he caused the injury. In legal jargon, his sliding tackle was the
proximate cause of Tobias’ broken jaw. However, can he be held liable in court
for the injury of Tobias? In other words, was his act an actionable tort?
While Padernal naturally took the brunt of the blame, whispers of blame
soon swirled around the actions and decisions of San Beda coach Aris Caslib.
Coach Caslib knew of the rough and tough nature of his prized recruit. At the
time of the incident, Padernal had already played two to three years under the
tutelage of coach Caslib. Moreover, the San Beda coach was fully aware of the
Shinji Ono incident. And yet, despite this knowledge, Caslib continued to field
the fiery Padernal. Was Caslib also to blame for Tobias’ injury?
The injury suffered by Tobias is a stark example of the danger of sports,
especially contact sports such as soccer. Injuries are commonplace in sports;
some say it is even inherent in sports. But when does the infliction of injuries
cross the legal line and give rise to legal liability? And should coaches be liable
for the tortious acts of their players?

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In a rainy September morning in 2004, the Ateneo de Manila University

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