Cebu City: 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.
According to Philippines News Agency, DWSD 7 (Central Visayas) filed the complaint on Tuesday before the Cebu City Prosecutor's Office against Pamela Baricuarto and Elisse Nicole Catalan, who are the founder and executive director, respectively, of SimplyShare. The DSWD-7 has accused the foundation of violating Presidential Decree (PD) 1564, also known as the Solicitation Permit Law, in relation to Republic Act 10175, the Cybercrime Prevention Act.
"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 also acted as the complainant.
Director Megan Manahan of the DSWD's Standards Bureau stated that her office received a report indicating that SimplyShare Foundation has been engaged in public solicitations for several years without a valid permit. Manahan noted that the foundation has no history of applying for either Regional or National Public Solicitation Permits.
"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," she explained.
Under PD 1564, entities desiring to solicit or receive contributions for charitable or public welfare purposes must first secure a permit from the regional offices of the Department of Social Services and Development (currently the DSWD) as outlined 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 PD 1564 stated.
Meanwhile, Lucero emphasized that the criminal case against SimplyShare 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 asserted.
Lucero also urged the public to verify the legitimacy of foundations through the DSWD's Kaagapay Donations Portal, which lists foundations that are authorized to conduct 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 added.
