Art. 6. Rights may be waived, unless the waiver is contrary to law, public
order, public policy, morals, or good customs, or prejudicial to a third person
with a right recognized by law.
What one can waive are rights and not obligations. Example, a creditor can waive the
loan but the debtor may not.
There is no form required for a waiver since a waiver is optional. You can waive by
mere 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 right
2. Knowledge of the existence of the right
3. An intention to relinquish the right (implied in this is the capacity to dispose of the
right) General Rule: Rights can be waived.
Exceptions:
1. If waiver is contrary to law, public order, public policy, morals or good customs
2. If the waiver would be prejudicial to a 3rd party with a right recognized by law.
(e.g., If A owes B P10M, B can’t waive the loan if B owes C and B has no other
assets.)
Examples of waivers which are prohibited:
1. Repudiation of future inheritance
2. Waiver of the protection of pactum commissorium
3. Waiver of future support
4. Waiver of employment benefits in advance
5. Waiver of minimum wage
6. Waiver of the right to revoke a will
