Prosecutor junks Byron complaint vs. Baricuatro

CEBU, Philippines — One of the multiple complaints filed by Byron Garcia against Cebu Governor Pamela Baricuatro, particularly her alleged unauthorized wearing of a police SWAT uniform, was dismissed by the prosecutor for lack of sufficient basis to charge the governor.

The Office of the Provincial Prosecutor of Cebu---in a resolution dated 19 December 2025 and issued in Cebu City---recommended the outright dismissal of the complaint, citing lack of sufficient basis to charge Baricuatro in court.

“WHEREFORE, premises considered, the Undersigned Investigating Prosecutor recommends that the above-entitled complaint against Respondent PAMELA BARICUATRO be DISMISSED,” the resolution read.

The case stemmed from a complaint filed by Byron, brother of former Cebu governor Gwendolyn Garcia, which was received by the Provincial Prosecutor’s Office on 21 November 2025.

Byron accused Baricuatro of violating Article 179 of the Revised Penal Code, which penalizes the illegal use of uniforms, decorations, or insignia reserved exclusively for public authorities. The offense carries a penalty of arresto mayor.

Under Department Circular No. 028, series of 2024, prosecutors are tasked to determine whether there is prima facie evidence with reasonable certainty of conviction to warrant the filing of charges in court.

In its evaluation, the prosecutor outlined the elements of illegal use of uniform or insignia: that the offender used a uniform or insignia; that it pertained to an office or group to which the offender does not belong; and that the use was public and improper.

After reviewing the records and evidence, the prosecutor found that these elements were not firmly established in Baricuatro’s case.

Central to the ruling was the photograph cited by Byron, which appeared in a Facebook post from the account “Pam Baricuatro” and showed the governor allegedly wearing a PNP SWAT uniform.

The resolution stated that the image was “most likely a computer-generated image,” and therefore could not be considered a public and improper use of a police uniform or insignia.

The prosecutor further noted that the uniform shown in the image did not appear to belong to a specialized unit of the police force, weakening claims of intent to falsify or deceive the public.

“After an evaluation of the record, the Undersigned Investigating Prosecutor do not find the facts and circumstances as sufficient to support a prima facie evidence with a reasonable certainty of conviction to charge the Respondent in court,” the decision reads.

In a phone interview with The Freeman, Byron said he had not yet received or read the official resolution at the time of the interview.

Byron, however, commented that the decision highlighted what he described as prosecutors’ limited understanding of artificial intelligence-generated images.

“I really think that the fiscal’s office is yet to understand the in-depth ideas ani’ng AI kay antiquated pa na ilang huna-huna ana tingali,” Garcia said.

“I challenged Pamela Baricuatro if she really thinks nga sakto na ilang pag-post ana — pasul-oba na siya’g usab bi kanang dili AI kay ako napud siya’g file’an og usab,” he noted.

He stressed that the issue, for him, was not merely whether the image was AI-generated, but the idea of someone appearing to wear a regulated uniform.

Byron also warned that the dismissal of the complaint would not stop him from closely watching the governor’s actions.

“It is not the end of her misdeeds. Daghan pa kaayo’g mahitabo. I am still observing and I’ll be watching her. Anything nga sayop, ako siya file’an og kaso,” he said, adding that his filing of complaints was meant as a form of reprimand to the governor.

In a previous article, Baricuatro clarified that the image cited in the complaint was AI-generated and did not depict her wearing an authentic police or SWAT uniform.

According to the governor, the image was sent to her as a birthday greeting by the Cebu Provincial Police Office (CPPO), which she merely acknowledged online.

She stressed that she never intended to represent herself as a police officer or to imply the exercise of any police authority.

Other complaints that Byron filed include an allegation that Baricuatro made false or misleading claims about the acquisition of sea ambulances, which were reportedly only prototype units on loan.

The third complaint concerns a P2.6?million renovation of the Cebu Capitol, a declared heritage site, which Byron claims was carried out without clearance from the National Historical Commission of the Philippines, potentially violating both the National Cultural Heritage Act and the Anti Graft and Corrupt Practices Act.

Garcia’s fourth complaint also went to the Ombudsman, alleging that Baricuatro submitted the 2026 provincial budget late, which he claims constitutes grave misconduct, neglect of duty, and abuse of authority. — /RAE (FREEMAN)