The Cebu Provincial Prosecutor's Office has officially dismissed a criminal complaint filed against Cebu Governor Pamela Baricuatro for the alleged illegal use of a uniform or insignia. The decision, handed down in late December 2025, concluded that the evidence presented was insufficient to support the charge.
Complaint Based on Social Media Photo
The case originated from a complaint filed by Byron Garcia. He accused the governor of violating Article 179 of the Revised Penal Code after an image circulated on social media. The photo, posted on a Facebook account named "Pam Baricuatro," appeared to show Governor Baricuatro wearing a Philippine National Police (PNP) Swat uniform and carrying a rifle in front of the Cebu Provincial Capitol.
Garcia argued that this image constituted a public and improper use of a police uniform, which is a criminal offense. The law prescribes penalties ranging from arresto mayor (one day to one year imprisonment) to a fine.
Prosecutor Finds No Prima Facie Evidence
In a resolution dated December 19, 2025, Senior Assistant Provincial Prosecutor Marlon Atillo ruled to dismiss the complaint. After a summary investigation, the prosecutor found that the complaint failed to establish prima facie evidence with a reasonable certainty of conviction.
The resolution stated a key reason for dismissal: "the alleged photograph... is most likely a computer-generated image of the respondent, and therefore not constitutive of a 'public and improper' use of uniform or insignia." This determination meant the photo could not serve as definitive proof of the alleged act.
No Intent to Deceive the Public
Furthermore, the prosecutor's evaluation noted that the uniform shown in the image did not clearly appear to belong to a specialized police unit. This detail helped negate any finding of intent to falsify or deceive the public, which is a crucial element of the offense.
The investigating prosecutor's recommendation for dismissal was subsequently approved by Provincial Prosecutor Ludivico Vastal Guaran, formally closing the case. The ruling underscores the legal requirement for concrete and verifiable evidence before a criminal charge can proceed to court, especially in cases stemming from content shared on digital platforms.
