t. 6.

Rights may be waived, unless the waiver is contrary to law, publicorder, public
policy, morals, or good customs, or prejudicial to a third personwith a right
recognized by law.

What one can waive are rights and not obligations.

Example,
a creditor can waive theloan but the debtor may not.

There is no form required for a waiver since a waiver is optional. You can waive bymere inaction,
refusing to collect a debt for example is a form of waiver.

Requisites of a valid waiver

(Herrera vs. Boromeo)
1.
Existence of a right2.
Knowledge of the existence of the right3.
An intention to relinquish the right (implied in this is the capacity to dispose of theright)

General Rule:
Rights can be waived.

Exceptions:
1.
If waiver is contrary to law, public order, public policy, morals or good customs2.
If the waiver would be prejudicial to a 3
rd
party with a right recognized by law.(
e.g.,
If A owes B P10M, B cant waive the loan if B owes C and B has no other
assets.)

Examples of waivers which are prohibited:

1.
Repudiation of future inheritance2.

Waiver of the protection of

pactum commissorium
3.
Waiver of future support4.
Waiver of employment benefits in advance5.
Waiver of minimum wage6.
Waiver of the right to revoke a will
Art. 7.
Laws are repealed only by subsequent ones, and their violation ornon-observance
shall not be excused by disuse, or custom or practice to thecontrary.When the
courts declared a law to be inconsistent with the Constitution,the former shall be
void and the latter shall govern.Administrative or executive acts, orders and
regulations shall be validonly when they are not contrary to the laws or the
Constitution.

Article 7 is obvious because time moves forward.

Only subsequent laws can repeal prior laws either through:1.

A repealing clause2.
Incompatibility of the subsequent and prior laws

The violation of a law is not justified even if:1.

No one follows the law (
i.e.,
nonpayment of taxes)2.
There is a custom to the contrary