PRESUMPTION OF KNOWLEDGE OF THE LAW, EXCEPTIONS

PEOPLE OF THE PHILIPPINES vs. FLORENCIO GASACAO

G.R. No. 168445
November 11, 2005
Facts:

Capt. Florencio O. Gasacao was the crewing manager of Great Eastern Shipping
Agency, Inc., which company was headed by his nephew. On August 4, 2000 appellant
and Jose Gasacao were charged with Large Scale Illegal Recruitment. The appellant was
arrested while his nephew remained at large. The lower court found Capt. Gasacao
guilty beyond reasonable doubt of large scale illegal recruitment. The Court of Appeals
also affirmed the decision. Hence, Capt. Gasacao appealed to the Supreme Court
claiming that he cant be held liable for illegal recruitment because he was just a mere
employee of the manning agency. He also claimed that he was not aware of the law
against prohibition on bonds and deposits under section 60 of the Omnibus Rules and
Regulations implementing R.A. 8042.
Issue:

Whether or not the appellant is guilty beyond reasonable doubt of large scale
illegal recruitment.
Ruling:
There is no merit in appellants contention that he was just a mere employee of
the manning agency because he was the companys crewing manager. As testified by
the witnesses, the accused appellant actively participated in the recruitment process
from receiving job applications, interviewing the applicants, and informing them of the
agencys requirement of payment of performance or cash bond prior to the deployment.
The Supreme Court held further that appellants defense of ignorance is not
commendable as provided for by Article 3 of the Civil Code which states that ignorance
of the law excuses no one from compliance therewith. The defense of goodwill is neither
unavailable because the appellant failed to deploy the complainants without valid
reasons.