GENERAL PRINCIPLES

ALEJANDRO V. TANKEH vs. DEVELOPMENT BANK OF THE PHILIPPINES

G.R. No. 171428 / November 11, 2013

To justify an award for exemplary damages, the wrongful act must be accompanied by bad faith, and an award of
damages would be allowed only if the guilty party acted in a wanton, fraudulent, reckless or malevolent manner. In
this case, this Court finds that respondent acted in a fraudulent manner through the finding of dolo incidente due
to his failure to act in a manner consistent with propriety, good morals, and prudence.

CARLOS A. LORIA vs. LUDOLFO P. MUÑOZ, JR.

G.R. No. 187240 / October 15, 2014

No person should unjustly enrich himself or herself at the expense of another.

Unjust enrichment exists, according to Hulst v. PR Builders, Inc., "when a person unjustly retains a benefit at the
loss of another, or when a person retains money or property of another against the fundamental principles of
justice, equity and good conscience." The prevention of unjust enrichment is a recognized public policy of the
State, for Article 22 of the Civil Code explicitly provides that "every person who through an act of performance by
another, or any other means, acquires or comes into possession of something at the expense of the latter without
just or legal ground, shall return the same to him." It is well to note that Article 22 "is part of the chapter
of the Civil Code on Human Relations, the provisions of which were formulated as basic principles to be observed
for the rightful relationship between human beings and for the stability of the social order; designed to indicate
certain norms that spring from the fountain of good conscience; guides for human conduct that should run as
golden threads through society to the end that law may approach its supreme ideal which is the sway and
dominance of justice."

EDNA MABUGAY-OTAMIAS vs. REPUBLIC OF THE PHILIPPINES

G.R. No. 189516 / June 08, 2016

The doctrine of waiver extends to rights and privileges of any character, and, since the word 'waiver' covers every
conceivable right, it is the general rule that a person may waive any matter which affects his property, and any
alienable right or privilege of which he is the owner or which belongs to him or to which he is legally entitled,
whether secured by contract, conferred with statute, or guaranteed by constitution, provided such rights and
privileges rest in the individual, are intended for his sole benefit, do not infringe on the rights of others, and
further provided the waiver of the right or privilege is not forbidden by law, and does not contravene public
policy; and the principle is recognized that everyone has a right to waive, and agree to waive, the advantage of a
law or rule made solely for the benefit and protection of the individual in his private capacity, if it can be dispensed
with and relinquished without infringing on any public right, and without detriment to the community at large.

When Colonel Otamias executed the Deed of Assignment, he effectively waived his right to claim that his
retirement benefits are exempt from execution. The right to receive retirement benefits belongs to Colonel
Otamias. His decision to waive a portion of his retirement benefits does not infringe on the right of third persons,
but even protects the right of his family to receive support.