8. Waiver

Rule on waiver of rights over the share in the community or conjugal property

GR: Cannot be waived during the marriage.

XPN: In case of judicial separation of property.

NOTE: The waiver must be in a public instrument and recorded in the office of the local civil registrar where the marriage contract was recorded as well as in the proper registry of property.

For marriages governed by the Family Code, the property relations of the spouses are governed by the absolute community of property in the absence of a marriage settlement or when the agreed regime is void. (Arts. 75 and 256, FC)

DONATION PROPTER NUPTIAS (FC, ART. 82)

Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. (Art. 82, FC)

Exceptions:

• If waiver is:
• Contrary to law, public order, public policy, morals or good customs;
• Prejudicial to a third person with a right recognized by law. (e.g. If A owes B P10M, B cannot waive the loan if B owes C and B has no other assets).
• If the right is:
• A natural right, such as right to life;
• Inchoate, such as future inheritance.

A person may waive any matter which affects his property, and any alienable right or privilege of which he is the owner or which belongs to him or to which he is legally entitled, whether secured by contract, conferred by statute, or guaranteed by constitution, provided such rights and privileges rest in the individual, are intended for his sole benefit, do not infringe on the rights of others, and further provided the waiver of the right or privilege is not forbidden by law, and does not contravene public policy. (Cruz & Co., Inc. v. HR Construction Corp., G.R. No. 187521, March 14, 2012)