“Illegal solicitation” raps vs Pam, daughter junked

CEBU, Philippines — Citing lack of prima facie evidence with reasonable certainty of conviction, the Cebu City Prosecutor’s Office has dismissed the criminal complaint the Department of Social Welfare and Development (DSWD) against Cebu Governor Pamela Baricuatro and her daughter-consultant Dr. Elisse Nicole Catalan for alleged illegal solicitation.

In a nine-page resolution dated July 24, 2025, the prosecutor’s office ruled that the evidence is wanting to warrant an indictment against Baricuatro and her daughter for soliciting funds for Simply Share Foundation Inc. (SSFI) without the necessary permits from the DSWD-7.

Baricuatro owned the foundation, which runs a food bank to help the indigents, while her daughter serves as its executive director.

The case stemmed from a complaint filed by DSWD-7 Regional Director Shalaine Marie Lucero at the height of the election campaign. Prosecutors, however, found no proof that the foundation defrauded donors, misused funds, or engaged in deceit.

Instead, the resolution noted that all contributions were accounted for, with no complaints from donors, including the Miss Universe Foundation. The ruling also pointed out that the DSWD itself had previously recognized and supported SSFI’s operations.

“In this case, however, there is no evidence that SSFI ever defrauded any donor, misappropriated any funds, or used contributions for personal gain. Moreover, no complaints have surfaced alleging deceit or misuse,” the resolution stated.

Even in the controversial donation during Typhoon Odette, the funds coursed through Baricuatro’s personal account were documented and later transferred to the foundation.

Baricuatro, who was interviewed by the media yesterday right in SSFI's warehouse, explained that the move was due to logistical constraints at the time, as the foundation had no operational channels like GCash amid the disaster.

“All transactions were documented because we had to report back,” she said.

She added that the Miss Universe Foundation never raised any issue regarding the donations.

Due process lapses cited

Apart from lack of evidence, prosecutors also flagged procedural lapses on the part of the DSWD. The resolution cited the agency’s failure to observe the mandatory “three-notice rule” under its own implementing rules and regulations.

This rule ensures due process by requiring notice before any complaint is filed.

The prosecution stressed that the use of the word “shall” in the IRR makes the rule mandatory, not discretionary.

Failure to comply, it said, may amount to abuse of authority.

Records showed that the complaint was filed without prior notice to SSFI.

The prosecutor noted that this deprived the foundation of the opportunity to respond administratively before facing criminal charges.

The resolution also found it “equally telling” that the DSWD had previously commended the foundation.

From 2020 onwards, the agency neither flagged SSFI’s activities as unlawful nor moved to stop them. Instead, SSFI received certificates of registration, recognition, and even a license to operate valid until 2028.

In fact, the complainant herself issued a certificate of recognition to the foundation in March 2025.

"Instead, the agency commended the Foundation, supported its operations, and even granted it a license to operate until 2028, a clear and unmistakable affirmation of trust," a portion in the ruling read.

"That they now turn around and invoke penal sanctions creates an absurdity bordering on estoppel," it added.

The prosecution added that if there were lapses, these should have been addressed through administrative remedies, not criminal prosecution.

Baricuatro maintained that the case was “baseless” and politically motivated.

She pointed out that the complaint arose from activities during Typhoon Odette, when the foundation was among the first to respond.

When asked about her relationship right now with Lucero, the governor downplayed saying both parties share the same goal of helping communities.

"The regional director (Lucero) now was the same one who sued me nu. It's okay, I think she was also pressured by some people out there. Let bygones be bygones nalang," said the governor.

Catalan, for her part, said the case was dismissed “quickly” due to lack of grounds.

She added that while there was a mediation meeting, the matter was no longer pursued afterward.

Despite the controversy, she said SSFI remains compliant with regulations and continues to work with partners, including global food banking networks.

The controversy surrounding Simply Share Foundation Inc. gained traction after Byron Garcia, brother of former governor Gwendolyn Garcia, raised concerns through a social media post alleging that the foundation accepted donations—including a reported P1 million contribution from the Philippine Navy in 2022—despite lacking the necessary license to operate at the time.

Byron also shared screenshots of earlier posts showing donation channels, including the personal GCash account of Baricuatro and the foundation’s bank account.

This then eventually led to verification requests and the filing of a complaint by the DSWD.

Foundation continues operation

During her visit yesterday in Barangay Subangdaku, Mandaue City, the governor proudly highlighted its mission to combat hunger, reduce food waste, and protect the environment.

The food bank collects surplus and near-expiry food still fit for consumption and redistributes them to vulnerable sectors.

Baricuatro said the initiative addresses hunger while preventing food waste from ending up in landfills, which contribute to greenhouse gas emissions.

Founded in 2015, SSFI began its food banking operations in 2023. The program evolved from feeding initiatives after recognizing the scale of malnutrition in Cebu. — Hannah Gresha Abayon, UP-Cebu Intern (FREEMAN)