I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
A right is a power or privilege given by one person and can be demanded of another as a rule. Rights may be waived except if the waiver is contrary to law, morals, good customs, public order, public policy or if the waiver prejudices against the legal right of a third person. The waiver can be intentional, voluntary or gleaned from the conduct of the person waiving the right.
For a right to be validly waived, the following must be present:
1.) The person waiving has the capacity to waive his rights
2.) The waiver must be clear but not necessarily express
3.) The person waiving must actually have the right he is renouncing
4.) It must comply with the formalities of a donation in certain instances
5.) The waiver must not be contrary to law, morals, good customs, public order or public policy
6.) Other people with rights recognized by law must not suffer prejudice because of the waiver (ex. the right of a creditor to collect can't be defeated by the debtor when he sells property that he mortgaged.)
There are also rights that can't be waived. They are the following:
1.) Natural rights (ex. right to life)
2.) Alleged rights which don't really exists (ex. future inheritance)
3.) Renunciations contrary to public policy
4.) If the waiver is prejudicial to the legal right of another person (ex. a debtor waiving his inheritance)
5.)
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