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PEOPLE v. PROCORO DONATO

This case has been cited 2 times or more.

2012-03-14
REYES, J.
In People of the Philippines v. Donato,[35] this Court explained the doctrine of waiver in this wise: Waiver is defined as "a voluntary and intentional relinquishment or abandonment of a known existing legal right, advantage, benefit, claim or privilege, which except for such waiver the party would have enjoyed; the voluntary abandonment or surrender, by a capable person, of a right known by him to exist, with the intent that such right shall be surrendered and such person forever deprived of its benefit; or such conduct as warrants an inference of the relinquishment of such right; or the intentional doing of an act inconsistent with claiming it."
2004-03-04
AUSTRIA-MARTINEZ, J.
However, this right, like many others, may be waived.[89] Waiver, is the voluntary and intentional relinquishment or abandonment of a known existing legal right which a party would have enjoyed.  It is the voluntary surrender of a person of a right known by him to exist with the intent that such right shall be surrendered and such person forever deprived of its benefit.[90]