WAIVER OF RIGHTS

Right is a legally enforceable claim of one person against another, that the other shall do a given act, or shall not do a given act (Pin...

Right is a legally enforceable claim of one person against another, that the other shall do a given act, or shall not do a given act (Pineda, Persons, p. 23)

Kinds of rights:
1. Natural Rights – Those which grow out of the nature of man and depend upon personality.
E.g. right to life, liberty, privacy, and good reputation.

2. Political Rights – Consist in the power to participate, directly or indirectly, in the establishment or administration of government.
E.g. right of suffrage, right to hold public office, right of petition.

3. Civil Rights– Those that pertain to a person by virtue of his citizenship in a state or community.
E.g. property rights, marriage, equal protection of laws, freedom of contract, trial by jury. (Pineda, Persons, p. 24)
a. Rights of personalty or human rights;
b. Family rights; and
c. Patrimonial rights:
i. Real rights
ii. Personal rights. (Rabuya Persons, p. 19)
  
Waiver:
As a general rule, rights may not be waived.

Exceptions:
1. If waiver is
a. Contrary to law, public order, public policy, morals or good customs.
b. Prejudicial to a third person with a right recognized by law.
2. If the right is:
a. A natural right, such as right to life.
b. Inchoate, such as future inheritance.

Elements of waiver of rights:
1. Must be an Existing right
2. The one waiving such right must have Knowledge of evidence thereof
3. Intention to relinquish said right. (Valderamma v. Macalde, G.R. No.165005, Sept. 16,2005)

Requisites of a valid waiver:
1. Waiving party must Actually have the right he is renouncing.
2. He must have Full capacity to make the waiver
3. Waiver must be Clear and Unequivocal
4. Waiver must Not be contrary to law, public order, public morals, etc.

5. When Formalities are required, they must be complied with.

DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. The information provided is not a legal advice and it should not be used  as a substitute for a competent legal advice from a licensed lawyer.

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