DSWD files criminal case vs Pam Baricuatro’s foundation

Cebu gubernatorial candidate Pamela Baricuatro | CDN Digital File Photo

CEBU CITY, Philippines- The Department of Social Welfare and Development (DSWD) has filed a criminal case against Cebu-based SimplyShare Foundation Inc. for the unauthorized solicitation of cash and relief goods which was in violation of Presidential Decree 1564 or the Solicitation Permit Law.

The DSWD’s Field Office 7 filed the complaint on Tuesday, April 8, before the Cebu City Prosecutor’s Office against gubernatorial candidate Pamela Baricuarto and Elisse Nicole Catalan based on their capacity as the foundation’s Founder and Executive Director, respectively.

“As of now, the Office of the City Prosecutor is currently evaluating the Complaint-Affidavit with all its supporting documents if it complied with the regular filing requirements,” said DSWD-7 Director Shalaine Marie Lucero, who acted as the complainant in the case.

READ: P1M donation to Simply Share not from gov’t funds — Navy

The agency’s lawyers filed a complaint for violation of PD 1564 in relation to Republic Act 10175 or the Cybercrime Prevention Act against SimplyShare.

P.D. 1564 requires any person, corporation, organization, or association desiring to solicit or receive contributions for charitable or public welfare purposes to first secure a permit from the regional offices of the Department of Social Services and Development (now DSWD) as provided in the Integrated Reorganization Plan.

READ: Pam Baricuatro, gov aspirant, eyes ‘change in leadership’ for Cebu

“Upon the filing of a written application for a permit in the form prescribed by the Regional Offices of the Department of Social Services and Development, the Regional Director or his duly authorized representative may, in his discretion, issue a permanent or temporary permit or disapprove the application. In the interest of the public, he may in his discretion renew or revoke any permit issued under Act 4075,” Section 2 of P.D. 1564 states.

Compliant

Baricuatro, for her part, said that she and her lawyers will study the case filed against her.

“Malooy lng ko sa DSWD region 7 og sa RD kay buotan man unta na sila og compliant kaayo me. Natagaan pa gani me og license and part ana kay e review ang past operations and records,” Baricuatro said.

(I pity DSWD-7 and the RD because she is a good person and we have been complaint. We were even given a license because part of the requirement is a review of our past operations and records.)

“However, we respectfully question why activities in 2021 during Tyhpoon Odette is being question. Where civic groups and private individuals also mobilized relief,” she added.

Baricuatro said that she will respond to her case at the appropriate time as she also gave the assurance that she will stand her ground and fight to stress the relevance of NGOs in nation building.

Warning

Lucero said the criminal case against SimplyShare Foundation should serve as a warning to other social welfare and development agencies (SWDAs) not to engage in public solicitations without the necessary permits.

“Let this be a warning against SWDAs who have not yet secured their license and permit for public solicitation. They will face the full force of the law if they continue with this illegal practice,” she said.

Moreover, Lucero urged the public to visit DSWD’s Kaagapay Donations Portal to verify if their chosen foundation is legitimate and listed on the portal.  Foundations need a public solicitation permit before they could launch donation drives.

“While we commend our good Samaritans, we call on the public to be wary of fly-by-night foundations and to make sure that their chosen foundation or non-government organization has the proper credential as provided by the DSWD’s Standards Bureau,” she said.

Public solicitations

Director Megan Manahan of the DSWD’s Standards Bureau said her office received a report that SimplyShare Foundation has been engaging in public solicitations for several years now despite the absence of the required permit.

Based on their records, Manahan said the foundation has no history of application for a Regional and National Public Solicitation Permit.

“Considering this report, we proceeded with the case build-up with our Legal Service and we are now in the process of filing administrative cases against the foundation,” Manahan said.