Question

E. Waiver of Rights (Civil Code, Art. 6)

1. John is an employee of ABC Company. Due to unforeseen circumstances, the company was unable to pay the salaries of its employees for three consecutive months. Frustrated with the situation, John decides to file a labor complaint against the company to claim his unpaid wages.

a. Can John waive his right to claim his unpaid wages? Explain.

b. If John decides to continue with the labor complaint, can he still waive his right to claim his unpaid wages during the process? Discuss the effect of waiver in this situation.

2. Maria is a tenant in an apartment owned by XYZ Property Management. The lease agreement between Maria and XYZ stipulates that the tenant is responsible for any repairs needed in the apartment. However, the building suffered significant damage due to a major storm, requiring extensive repairs. Maria, unwilling to shoulder the repair expenses, decides to invoke her right to waive liability for repairs as stated in the lease agreement.

a. Can Maria validly waive her liability for repairs based on the lease agreement? Explain.

b. In case Maria later changes her mind and decides to pay for the repairs, can she still do so after invoking her right to waive liability? Discuss the implications of waiver in this scenario.

3. Peter and Sarah are business partners who entered into a joint venture agreement to develop a piece of land. The agreement stipulated that any disputes arising from the venture will be resolved through arbitration. However, a disagreement arose between Peter and Sarah regarding the distribution of profits. Peter decided to bring the case to court instead, disregarding the arbitration clause in the agreement.

a. Can Peter waive the arbitration clause and choose to litigate the dispute in court? Explain.

b. If Peter loses the court case and decides to resort to arbitration after all, can he still invoke the arbitration clause despite initially waiving it? Discuss the consequences of waiver in this context.