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Waiver

WAIVER - It means an intentional act of abandoning or relinquishing a right or privilege or claim.


Evidencing the abandoning of a claim or right by the law. It could also be compared to forfeiture.
Waiver may stop someone from forcing a contractual right while drafting a contract.
The voluntary surrender of a known right; conduct supporting an inference that a particular right has been
relinquished.
The term waiver is used in many legal contexts. A waiver is essentially a unilateral act of one person that
results in thesurrender of a legal right. The legal right may be constitutional, statutory, or contractual, but
the key issue for a courtreviewing a claim of waiver is whether the person voluntarily gave up the right. If
voluntarily surrendered, it is considered an express waiver.

Voluntary Desistance
Desistance - It means the voluntary desistance that exempts a culprit from criminal responsibility
of a crime which he had commenced to commit by overt acts, has reference to the desistance
which emanates voluntarily and exclusively from him, and not the desistance imposed by the
circumstances of the case which are independent of the free determination of the culprit, (Pp v.
Landicho, 5173-R, June 12, 1951).

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