Question

Provide a brief explanation of the concept of waiver of rights under the Civil Code of the Philippines. Discuss its significance in the legal context.

Amy, a writer, entered into a contract with XYZ Publishing Company to publish her upcoming novel. The contract contained a clause stating that in the event of a breach by either party, the non-breaching party shall have the right to terminate the contract and claim damages.

During the course of publication, the publishing company discovered that Amy's novel contained controversial content that could potentially harm its reputation. As a result, the company sent Amy a letter demanding that she remove the controversial content from the manuscript, in line with the terms of the contract.

Amy, however, refused to comply with the company's request and insisted that she has the right to express her thoughts and ideas freely as an artist. She argues that the provision allowing the publishing company to terminate the contract should be considered null and void because it infringes upon her constitutional right to freedom of expression.

Based on the given scenario, discuss whether Amy's refusal to comply with the company's request is justified under the concept of waiver of rights. Support your answer with relevant provisions of the Civil Code and jurisprudence.