This case has been cited 1 times or more.
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2009-04-16 |
CHICO-NAZARIO, J. |
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| Waiver is a renunciation of what has been established in favor of one or for his benefit, because he prejudices nobody thereby; if he suffers loss, he is the one to blame.[24] Article 6 of the Civil Code provides that "(r)ights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a person with a right recognized by law." A reading of the assailed Orders dated 12 November 1997 and 11 February 1998 of Judge Santelices in Civil Case No. 9441 would readily reveal that he awarded transportation expense and court appearance fee to MIH as compensation for the inconvenience caused the latter and its counsel by the last-minute cancellation of the pre-trial conference scheduled on 12 November 1997. The awards were entirely for the benefit of MIH, and so it was entirely within the right of MIH to waive the same - to willingly suffer the loss resulting from such waiver. Considering that 10 years have since passed since the issuance of the RTC Orders in question, as well as the nominal amounts involved, it is not that difficult to comprehend why MIH, at this stage, would rather waive, than insist, on its right or claim to the awards of transportation expense and court appearance fee. | |||||