The Office of the Provincial Prosecutor has dismissed the complaint filed by Byron Garcia against Cebu Governor Pamela Baricuatro for allegedly wearing a PNP SWAT uniform. 

In a resolution dated December 19, 2025, the office said the investigating prosecutor “does not find the facts and circumstances as sufficient to support a prima facie evidence with a reasonable certainty of conviction to charge the respondent in court.”

“In this instant complaint, the elements of the crime are not firmly established as the alleged photograph of the respondent wearing a PNP SWAT uniform appearing in a Facebook post in the account “Pam Baricuatro” is most likely a computer-generated image of the respondent, and therefore not constitutive of a “public and improper” use of uniform or insignia,” the resolution reads. 

Moreover, the resolution said, the uniform or insignia “does not appear to be a uniform of a specialized unit of the police force, thus negating any intent to falsify or deceive the public.”

Byron Garcia, former Cebu Capitol consultant on security matters and former chief of the Cebu Provincial Detention and Rehabilitation Center (CPDRC), and brother of former governor Gwendolyn Garcia, sued Baricuatro on November 21, 2025 for alleged illegal use of uniform or insignia punishable under Article 179 of the Revised Penal Code which carries with it a penalty of arresto mayor.

The complaint stemmed from a November 10, 2025 post of Baricuatro on her Facebook account using the handle “Pam Baricuatro.”

“The respondent posted a photograph of herself wearing a uniform similar to that used by the PNP Special Weapons and Tactics (SWAT) team," Garcia's affidavit read. 

The complaint mentioned that the" post bears PNP SWAT patches, badges, and insignia - including the left and right arm patches, a bold “SWAT” marking on the chest, and a Cebu Police Provincial emblem visible on the upper left portion of the image."

Later, Baricuatro clarified that a photograph of her in SWAT uniform was a birthday gift from the Cebu Police Provincial Office, citing that the image is AI-generated or done with the help of artificial intelligence. 

“I want to address your concern regarding a case filed against me over a photo that allegedly shows me in a SWAT uniform. Here are the facts: The image is AI-generated and not a real photograph of me in any police uniform. The uniform shown is not even an authentic PH SWAT uniform," Baricuatro said in a post on her social media account, “Pam Baricuatro.”

"The photo circulating was a birthday gift from the Cebu Provincial Police Office (CPPO)," she added.