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 is in violation of Presidential Decree 1564 or the Solicitation Permit Law.
The DSWD’s Field Office 7 – Central Visayas filed the complaint on Tuesday (April 8) before the Cebu City Prosecutor’s Office against Pamela S. Baricuarto and Elisse Nicole B. Catalan in their capacity as Founder and Executive Director, respectively of SimplyShare Foundation Inc.
“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,” DSWD’s Central Visayas Regional Director (RD) Shalaine Marie Lucero, who acted as the complainant, said.
The FO 7’s lawyers filed the case for violation of PD 1564 (Solicitation Permit Law) in relation to Republic Act 10175 or the Cybercrime Prevention Act.
RD 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 that 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,” RD Lucero said.
RD Lucero urged the public to check first with the DSWD’s Kaagapay Donations Portal to see if their chosen foundation is legitimate as listed in the portal and if they have the public solicitation permit to conduct donations drive.
“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 (NGO) has the proper credential as provided by the DSWD’s Standards Bureau,” RD Lucero pointed out.
Under P.D. 1564, any person, corporation, organization, or association desiring to solicit or receive contributions for charitable or public welfare purposes shall first secure a permit from the Regional Offices of the Department of Social Services and Development (now the DSWD) as provided in the Integrated Reorganization Plan.
“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 said.
Director Megan Manahan of the DSWD’s Standards Bureau said her office received a report that the SimplyShare Foundation has been engaged in public solicitations for several years now without the valid permit.
Director Manahan said the foundation has no history of application for 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,” Director Manahan said.#