WAIVER OF RIGHTS

Reported by: Regine B. Amolato

What is a waiver? It is the intentional or voluntary

relinquishment of a known right or
such conduct as warrants an
inference of relinquishment of such
right.
Waivers can be express or implied,
however, it cannot be presumed. It
must be clearly and convincingly
shown, either by express stipulation
or acts admitting no other
reasonable explanation.

What is a right? It 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, 2009).

What are the different kind of 1. Natural Rights – Those which

rights? 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,
2009). a. Rights of personality or
human rights;
b. Family rights; and
c. Patrimonial rights: i. Real rights ii.
Personal rights (Rabuya, 2009)

What are some rights which cannot 1. Right to live and right to future
be waived? support
2. Right to personality and family
rights

3. Right to future inheritance – This

is especially so if the waiver is
intended to prejudice creditors.
Hence, under Art. 1052 of the NCC,
if an heir repudiates the inheritance
to the prejudice of his own creditors,
the latter may petition the court to
 authorize them to accept it in the
name of the heir (Albano, Civil Law
Reviewer, 2013).

4. Political rights- Hence, if a

candidate for mayor agrees to split
his term of office with the vice-
mayor to prevent the latter from
running against him, the contract is
void by reason of public policy
(Albano, 2013).

What are the rules as to waiver of General Rule: Rights can be

rights? 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.

What are the requisites for a valid 1. Waiving party must actually have
waiver? 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
Two examples of a Waiver of Rights:

WAIVER OF PRE-EMPTIVE RIGHTS

I, the undersigned stockholder of Name of Corporation, do hereby

waive my pre-emptive rights to subscribe to the increase in the
authorized capital stock of the said corporation
_________________________ (P___________) Pesos to
____________________ (P____________) Pesos.

_________________, Philippines. __________ day of

__________, 20___.

STOCKHOLDER
 WAIVER TO SUBSCRIBE TO NEW STOCK

WE, the undersigned stockholders of ___________________

hereby declare:
That on ______________________, 2 _______, the capital stock
of _________________ had been duly increased from
__________________ to __________________; that under the
law by reason of such increase, we have a right to subscribe to
the new stock to be issued by the Corporation in proportion to the
number of shares owned and held by us in said Corporation; that
we, individually, hereby voluntarily renounce and waive our right
to exercise our right of pre-emption to subscribe to the new stock
by reason of said increase.

Signed on this _____________ day of____________________,

20_____.

(Sgd.) ___________________________
(Stockholders)