ARTICLE 6: WAIVER OF RIGHTS REQUISITES REGARDING VALID WAIVERS

Edna-Mabugay-Otamias v. Republic of the Philippines

G.R. No. 189516
June 08, 2016

EDNA MABUGAY-OTAMIAS, JEFFREN M. OTAMIAS AND MINOR JEMWEL M.

OTAMIAS, REPRESENTED BY THEIR MOTHER EDNA MABUGAY-OTAMIAS,
Petitioners,
v.
REPUBLIC OF THE PHILIPPINES, REPRESENTED BY COL. VIRGILIO O. DOMINGO,
IN HIS CAPACITY AS TH COMMANDING OFFICER OF THE PENSION AND
GRATUITY MANAGEMENT CENTER (PGMC) OF THE ARMED FORCES OF THE
PHILIPPINES, Respondent.

Facts:
Edna Mabugay-Otamias was married to Colonel Francisco Otamias on 1978. The couple
had five children. On September 2000, they separated because of Colonel Otamias’
alleged infidelity. After the separation, their children remained with Edna. She then
demanded support equivalent to 75 percent of the colonel’s retirement benefits. However,
Colonel Otamias executed an affidavit stating that he can commit only 50 percent of his
retirement benefits to his children and wife. Because of this, they entered into a
compromise agreement. On February 26, 2003, the colonel executed a Deed of
Assignment where he waived 50 percent of his salary and pension in favor of Edna and
his children. Colonel Otamias retired on April 1, 2003, and the agreement had been
honored until January 6, 2006. According to Edna, the Armed Forces of the Philippines
(AFP) decided not to honor the agreement.

Issue:
Did Colonel Otamias’ execution of the Deed of Assignment make him effectively waive
his rights to 50 percent of his retirement benefits in favor of his family?

Ruling:
Yes. According to Article 6 of the Civil Code, rights may be waived unless it is contrary to
law or public policy. In this case, the waiver was made in order to ensure the support of
the retired colonel of his family, a right granted to them by the Family Code. The waiver
is in no way contrary to public policy or any law for that matter. Thus, it is deemed to be
valid.