EIGHT months after the case was dismissed, Cebu Governor Pamela Baricuatro said she holds no ill feelings toward Department of Social Welfare and Development (DSWD) Central Visayas Director Shalaine Lucero despite the complaint filed against her.
“We’re okay,” Baricuatro said when asked by the media on Tuesday, March 24, 2026, about her relationship with Lucero, adding that “the RD (regional director) is the one who sued me.”
“I can feel that at times she may have felt some embarrassment, but it’s okay,” she added while visiting the Cebu Food Bank of SimplyShare Foundation Inc. (SSFI) in Subangdaku, Mandaue City on Tuesday, March 24, 2026.
“Let bygones be bygones—we have the same goal. She wants to help, and we also want to help,” Baricuatro said.
Meanwhile, Elisse Nicole Catalan, executive director of SSFI and provincial health consultant, said she has maintained a working relationship with Lucero despite the case.
“Wala lang, we keep working with each other. Sa Bogo City, wala ra man — wala ra gyud na namo naistoryahan (We just continue working together. In Bogo City, it was nothing — we never really talked about it),” Catalan said.
“We never had the chance to talk about it,” she added, noting that their interactions remain professional.
She added that she is open to talk about it with Lucero.
Case against SSFI
The Cebu City Prosecutor’s Office dismissed the complaint filed by Lucero against SSFI officials for alleged illegal solicitation of donations.
In a resolution dated July 24, 2025, the prosecutor’s office found no prima facie evidence with reasonable certainty of conviction against Baricuatro and Catalan, who were sued in connection with alleged violations of Presidential Decree 1564, or the Solicitation Permit Law, in relation to the Cybercrime Prevention Act.
“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,” read a portion of the decision.
“Equally telling is the fact that from 2020 onwards, the DSWD never called out the foundation’s activities as unlawful, much less moved to stop them. 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. That they now turn around and invoke penal sanctions creates an absurdity bordering on estoppel,” it added.
The complaint stemmed from allegations that SSFI solicited donations through its website and social media accounts without the required permits from the DSWD.
Weak electronic evidence
Prosecutors ruled that the evidence presented by the complainant, particularly screenshots of social media posts supported by an affidavit of preservation, failed to meet the standards required under the Rules on Electronic Evidence.
The resolution stressed that authentication of electronic documents “is not a mere procedural defect” and goes to the core of the case, rendering the submissions insufficient to prove the existence and genuineness of the alleged online solicitations.
Admission but with good faith
The respondents, in their affidavits, acknowledged that calls for donations were posted online but maintained that these were undertaken in good faith for charitable and religious purposes, including disaster relief and feeding programs.
They also argued that some initiatives were conducted in partnership with other groups and that the foundation was at times merely used as a conduit for donations, with no intent to violate the law.
The prosecution found that while the foundation engaged in solicitation without a permit, the donations were intended for relief operations and assistance to calamity victims, indicating absence of criminal intent.
Due process not followed
The resolution also cited procedural lapses on the part of the complainant, noting failure to comply with the DSWD’s own implementing rules requiring the issuance of up to three notices before filing a case for unpermitted solicitations.
Records showed that no such notices were served to the foundation prior to the filing of the complaint, which the prosecution said violated due process.
“The three-notice rule is mandatory,” the resolution stated, adding that disregarding it could amount to abuse of authority.
Prior recognition by DSWD 7
Prosecutors further noted that the DSWD 7 had previously recognized and commended the foundation’s work, including issuing certifications, accepting reports, and granting it a license to operate in 2025 valid until 2028.
The agency’s prior support and lack of earlier sanctions undermined the claim of unlawful conduct, the resolution said.
It also pointed out that there was no evidence that the foundation defrauded donors, misused funds, or acted for personal gain.
Administrative remedy preferred
Even assuming lapses, the prosecution said the proper course of action should have been administrative remedies rather than criminal prosecution.
“Any penalty, if imposed, should be corrective, rather than criminalizing genuine acts of public service,” the resolution stated.
Case dismissed
Given these findings, the prosecution recommended the dismissal of the complaint against Baricuatro and Catalan.
The case originated from a verification request by the National Bureau of Investigation in March 2025 regarding the foundation’s authority to operate and solicit donations.
Home-based kitchen to food bank
Meanwhile, what began as a home-based feeding initiative in 2015 has evolved into a full-scale food bank by 2023, reflecting the expanded anti-hunger efforts of Baricuatro through the Cebu Food Bank of SimplyShare Foundation Inc.
Baricuatro toured the Cebu Food Bank facility on Tuesday, March 24, 2026, showcasing the foundation’s operations aimed at addressing food insecurity among vulnerable communities, particularly children.
Catalan said the Cebu Food Bank sources its supplies from surplus food and donations from partner companies.
The food bank has also partnered with Global FoodBanking Network, an international nonprofit organization supporting food banks in more than 50 countries.
She added that before securing support from the global network, a non-government organization must first undergo certification under the NGO source equivalency determination process.
The Cebu Food Bank is currently one of only two food banks operating in the country, alongside Rise Against Hunger Philippines.
Angat Buhay Foundation, founded by former Vice President Leni Robredo, is also working to establish its own food bank. (CDF)