Why Zoning Matters

Imagine this:
You finally saved enough to buy land and pursue your dream of starting a piggery. But when it’s time to secure a business permit, the local government rejects your application—because your land is in a residential zone.

This is why zoning laws are essential. They dictate land use across areas and affect everything from building homes to establishing businesses.

Types of Zoning Classifications in the Philippines

1. Residential Zones
   Areas designated primarily for housing—can include single-family homes, duplexes, apartments, and small community-serving businesses.

2. Commercial Zones
   Zones for economic activity—offices, shops, malls, and entertainment venues. Designed to meet the service and business needs of the population.

3. Industrial Zones
   Areas for manufacturing, warehousing, and heavy industries. Typically located away from residential areas to reduce noise and traffic.

4. Agricultural Zones
   Intended for farming—both crops and livestock. These are protected to ensure food security and prevent overdevelopment.

5. Institutional Zones
   Areas for schools, hospitals, government offices, and cultural institutions—planned to serve the public and remain accessible.

6. Special Zones
   Includes eco-tourism areas, technology parks, and heritage sites—governed by special rules to preserve their unique purposes.

Why It’s Important to Know the Zoning Classification Before Buying Land

1. It Determines Permitted Uses
   Zoning laws define what activities are allowed. For instance, a piggery in a residential zone? Not allowed.

2. Ensures Compliance with Regulations
   Each zone has rules for building height, density, and setback. Example: A client wanted to build a 10-story building—we had to check if the city allowed that in the area. Good thing it did, so he invested confidently.

3. It Affects Property Value
   Commercial land is usually more valuable than residential. Conversely, industrial zoning may decrease nearby residential property values due to noise and traffic.

4. Influences Future Developments
   If an area is zoned for high-density residential use, expect more apartments. Always check future development plans—they impact the appreciation of your investment.

5. Protects Property Rights and Investments
   Violating zoning laws can lead to fines, lawsuits, or even demolition of buildings. Always comply to safeguard your investment.

Who Regulates Zoning in the Philippines?

1. Local Government Units (LGUs)
   Through the City or Municipal Planning and Development Offices. They enforce and update zoning ordinances specific to their jurisdictions.
   ✅ First place to check when determining zoning classification.
   ✅ Refer to your tax declaration—it usually reflects if the property is residential, commercial, industrial, or agricultural.

2. Department of Human Settlements and Urban Development (DHSUD)
   Formerly the HLURB (Housing and Land Use Regulatory Board), DHSUD now oversees land use policies and ensures local zoning aligns with national standards.

3. Department of Environment and Natural Resources (DENR)
   Regulates environmentally sensitive areas like forests and coastal zones. Their rules ensure environmental sustainability is observed.

These agencies work together to support national development, protect the environment, and promote orderly growth.

Zoning ordinances must align with the Comprehensive Land Use Plan (CLUP), which is reviewed and approved by regulatory agencies.

Final Advice

My dear Kabayan, understanding zoning classifications helps you make smarter property decisions—whether you’re buying land or starting a business.

It’s not just about compliance—it’s about maximizing your investment, aligning with community growth, and avoiding costly legal mistakes.

Judicial Land Titling (―Certificate of Title‖) in the Philippines

A comprehensive doctrinal and procedural guide

Reader’s note – This article is intended for academic and general‐information purposes only and must not be relied on as legal advice. For a specific transaction or dispute, always consult counsel or the proper government office.

1. Historical and Constitutional Setting

2. What Exactly Is “Judicial Land Titling”?

• Judicial land titling is the court-based path to an Original Certificate of Title (OCT).
• The end-product of the case is a Decree of Registration issued by the LRA, on the basis of which the Register of Deeds writes the OCT.
• Popular shorthand such as “Judicial Land Titling Certificate” actually refers to the OCT born from this process.

Modalities under P.D. 1529

3. Who May Apply

1. Natural persons – Filipino citizens only (foreigners have no standing except by hereditary succession).
2. Juridical persons – Private domestic corporations with ≥ 60 % Filipino equity may register land “held in the manner required and for the period prescribed.”
3. Co-owners, heirs, guardians, legal representatives – must file jointly or in representation of the others when required.
4. LGUs/National Government agencies – in their proprietary capacity (e.g., for town sites).

4. Lands Susceptible of Judicial Registration

Land still timber or mineral in classification can never ripen into private title, no matter how long the possession.

5. Substantive Requisites for Judicial Confirmation

1. Possession & Occupation – Open, continuous, exclusive and notorious (OCEN) possession in the concept of owner since 12 June 1945 or earlier, or by successive tacking of predecessors.
2. Good-faith color of title – e.g., tax declarations, private deeds, survey plans, Spanish titles, homestead or sales patents that failed for technical reasons.
3. Clear and convincing evidence – Burden of proof lies on the applicant; Government enjoys the presumption of ownership.

The Supreme Court stresses that “possession without classification is futile; classification without possession is insufficient.”

6. Procedural Roadmap (Rule 132, Rules of Court + P.D. 1529 Ch. III)

7. Post-Registration Principles

8. Common Evidentiary Pitfalls

9. Judicial vs. Administrative Titling – At a Glance

10. Fees & Cost Components (indicative)

1. Docket fee – Scale based on assessed (tax declaration) value.
2. Publication – Official Gazette (₱ 8,000–15,000 for two pages) + Newspaper (₱ 15,000 +).
3. Survey – Private Geodetic Engineer (₱ 10,000–40,000 depending on area & terrain).
4. LRA filing & decree fee – ₱ 50/ha (minimum) + annotation fees.
5. Register of Deeds entry/issuance fee – ₱ 500 + valuation increments.

Government agencies and indigent litigants may apply for fee exemption under P.D. 1529, § 110.

11. Remedies & Review

• Aggrieved party may appeal the decision within 15 days to the Court of Appeals (ordinary Rule 41 appeal).
• Review of the Decree – within one year before the LRA and/or RTC via a petition under P.D. 1529 § 108 or Rule 64 if the decree was void ab initio.
• Annulment/reconveyance – after one year, action lies in RTC in equity, grounded on extrinsic fraud, forging, or void underlying contract.
• Reopening of cadastral decrees – R.A. 931 allows reopening within one year from effectivity (very narrow window).

12. Interaction with Special Laws

13. Practical Checklist for Practitioners

1. Start with land classification. Secure the DENR-CENRO A&D certification and annotate the LC Map number in the petition.
2. Vet the chain of possession – at least from 1945 to present, synchronize tax declarations every three (3) years, and gather witness-affidavits.
3. Check conflicting claims – visit barangay records, local assessor, and verify with LRA’s Integrated Title Information System (ITIS).
4. Prepare for OSG opposition – rehearse witnesses, anticipate questions on possession dates and boundaries.
5. Keep track of the protocol number of the survey plan – it must match the technical description in the decree.
6. After decision, follow up at the LRA Central Office (Judicial Confirmation Division) to cut waiting time for the Decree.
7. On receipt of OCT, examine every annotation line-by-line before leaving the Registry. Corrections later require a § 108 petition.

14. Emerging Trends and Reforms

• Digital Titles (e-Titles) – LRA’s Land Titling Computerization Project (LTCP) is rolling out nationwide; newly issued OCTs are now immediately electronic.
• E-Court & Videoconferencing – Many RTCs sitting as LRC accept remote testimonies for surveyors abroad or elderly claimants.
• Mobile Land Titling Courts – Pilot programs in remote areas (e.g., Palawan) shorten publication timelines by bundling petitions.
• Judicial Affidavit Rule – Affidavits now substitute direct testimony, reducing court hearings from three to one.
• RA 11573’s simplified survey standards – Allows provisional approval of plans pending “ground-truthing,” expediting the docketing stage.

15. Conclusion

A Judicial Land Titling Certificate—the Original Certificate of Title born of judicial confirmation—remains the gold standard of ownership in Philippine real property law. Navigating the path from raw possession to an indefeasible title demands mastery of:

• Substantive land law (Regalian Doctrine, Public Land Act, P.D. 1529),
• Procedural rigor (publication, notice, evidence), and
• Meticulous, paper-heavy compliance with survey and registry rules.

Yet, for claimants whose possession antedates 12 June 1945 and whose parcels have been declared alienable, judicial titling provides permanent security—shielding land against overlapping claims, providing marketability for mortgages and sales, and entrenching the Torrens system’s promise that “once registered, never again insecure.”

LAND VALUATION GUIDELINES IN THE PHILIPPINES

1. Overview

Land valuation in the Philippines is a multi-layered regime anchored on the Constitution and fleshed out in statutes, regulations, local ordinances, and jurisprudence. Different rules apply depending on purpose (taxation, expropriation, agrarian reform, secured lending, estate settlement, etc.), yet the core principles— “market value,” “just compensation,” and “uniformity and equity”— run through every framework.

2. Constitutional & Statutory Foundations

3. Key Agencies & Their Instruments

4. Purposes & Applicable Valuation Rules

1. Real-Property Tax (RPT)
   • Basis: Fair market value from SMV × assessment level (5–35 % depending on class/use).
   • SMVs must be updated every three years (RA 7160 §219), but many LGUs lag; courts allow old SMVs if no revision.
2. Transfer & Capital Gains / Estate Tax
   • BIR collects whichever is higher of (a) zonal value and (b) SMV.
   • For estates, valuation date is owner’s death (NIRC §88).
   • RA 11213 Estate Tax Amnesty (2019, extended to 14 June 2025) suspended penalties but kept valuation rule.
3. Expropriation / Right-of-Way
   • RA 10752: “Offer price” is the higher of BIR zonal or current market value plus replacement cost for improvements; if owner rejects, government may expropriate and deposit 100 % of zonal value plus replacement cost for possession.
   • Just compensation finally fixed by court after hearing, with interest if delayed (see Republic v. St. Thomas Aquinas Priory, G.R. 247829, 13 Jan 2021).
4. Agrarian Reform
   • DAR AO 1-2017 formula:

     $$ LV = \bigl(CNI \times 0.6\bigr) + \bigl(CMV \times 0.3\bigr) + \bigl(SMV \times 0.1\bigr) $$

     where CNI = Capitalized Net Income, CMV = Comparable Sales, SMV = LGU value.

   • Plus 6 % annual interest if payment delayed beyond 1 year from taking (Land Bank v. Heirs of Spouses Domingo, G.R. 231939, 16 Jan 2024).
5. Loan Collateral / Mortgage
   • Banks rely on independent appraisals following BSP Circular 914 (2016) and PVS.
6. Corporate Transactions (Mergers, REITs)
   • SEC requires “fairness opinion” by accredited appraisal company.

5. Accepted Valuation Approaches (per PVS 2020)

6. Procedural Highlights

1. Engaging an Appraiser
   • Must be PRC-licensed Real Estate Appraiser (RA 9646) or government assessor for taxation.
   • Reports comply with PVS & include scope, assumptions, limiting conditions, and maps/photos.
2. Objections & Appeals
   • RPT: taxpayer may appeal SMV to Local Board of Assessment Appeals within 60 days of notice; thereafter to Central Board and CTA.
   • BIR zonal values: may request revision, but valuation still binding for tax unless BIR amends schedule.
   • Expropriation: landowner contests just compensation in RTC-Special Agrarian Court; decisions reviewable by CA and SC.
3. Interest & Delay Damages
   • Supreme Court trend (post-Republic v. Mupas, G.R. 181892, 19 Oct 2016) is legal interest at 6 % p.a. on balance of compensation from taking until full payment.

7. Interaction Between SMV & Zonal Value

8. Special Topics

• Indigenous People’s Ancestral Domains (IPRA, RA 8371): Valuation includes cultural value and requires Free, Prior, & Informed Consent.
• Foreshore & Reclaimed Lands: Governed by DENR AO 2008-17; valuation uses zone value approved by National Economic and Development Authority (NEDA).
• Heritage Properties: National Commission for Culture and the Arts (NCCA) may impose conservation easements; value reflects use restrictions.
• Brownfields & Contaminated Sites: Must deduct remediation cost; see DENR EMB Guidelines on Environmental Site Assessment (2022).

9. Recent & Pending Reforms (Status 2025)

• RPVARA Bill (House Bill 6558; Senate Bill 3149): would—
  1. Create National Valuation Service (NVS) under DOF.
  2. Replace LGU SMVs with Uniform Schedule of Market Values (USMV) anchored on International Valuation Standards.
  3. Mandate electronic Valuation Information System.
  4. Remove “assessment levels,” shifting to market value-based RPT with lower tax rates.
• Digital Cadastre & Blockchain LR pilot (LRA-DICT 2024): aims to shorten title trace and support mass appraisal.

10. Key Supreme Court Cases to Know

11. Practical Guidance for Practitioners

1. Check the Purpose First – identify which statute controls before picking a valuation basis.
2. Gather Triangulated Benchmarks – SMV, zonal value, recent actual sales; reconcile differences.
3. Document Highest & Best Use – especially in mixed-use corridors where zoning is evolving.
4. Audit the Appraisal Report – verify license validity, site inspection photos, and comparable sales grid.
5. Mind the Timelines – tax appeals and expropriation objections have strict jurisdictional periods.
6. Anticipate Interest Liability – advise government clients to deposit full zonal + interest accrual to minimize exposure.
7. Stay Abreast of LGU Revisions – new SMVs can drastically increase tax exposure; consider advance conveyancing or estate planning.

12. Conclusion

Philippine land valuation sits at the intersection of national policy, local autonomy, and private rights. While multiple valuation schedules (SMV, zonal, DAR, independent appraisals) may appear conflicting, each has a defined legal niche. Mastery of their interplay— backed by current jurisprudence and professional standards— is indispensable for lawyers, assessors, lenders, and landowners navigating transactions or disputes in 2025 and beyond.

What Is a Joint Venture (JV)?

A joint venture (JV) is a business arrangement in which two or more parties agree to pool their resources to accomplish a specific task, such as launching a new project or entering a new market. Companies often form JVs to share costs, combine expertise, and leverage each other’s resources to reduce risk.

Each participant is responsible for the venture’s profits, losses, and costs, but the JV itself remains a separate entity from the participants’ other business interests, allowing flexibility in choosing its legal and operational structure

How Joint Ventures Operate

Although a joint venture is a partnership in the colloquial sense of the word, it can be formed using any legal structure—corporations, partnerships, limited liability companies (LLCs), and other business entities can all be employed.

Despite the fact that the purpose of a JV is typically for production or research, one can also be formed for a continuing purpose. JVs can combine large and small companies to take on one or several projects and deals.

Here are the four main reasons why companies form JVs.

1. To Leverage Resources

A joint venture uses the combined resources of both companies to reach their shared goal. One company might have a well-established manufacturing process, while the other company might have superior distribution channels.

2. To Reduce Costs

Economies of scale allow both companies in the joint venture to produce at a lower per-unit cost. This is especially true for expensive technological advances. JVs can also save on advertising, supplies, or labor costs.

3. To Combine Expertise

Two companies or parties forming a joint venture might each have different backgrounds, skill sets, or expertise. When these are combined through a JV, each company can benefit from the other’s talent.

4. To Enter Foreign Markets

Another common use of joint ventures is to partner with a local business to enter a foreign market. A company that wants to expand its distribution network to new countries can enter into a JV agreement to supply products to a local business, thus benefiting from an already-existing distribution network.

Some countries have restrictions on foreigners entering their market, making a JV with a local entity almost the only way to do business in the country.

After reading, What Is Socialized Housing Under Republic Act No. 7279 Or The Urban Development And Housing Act Of 1992, read also What Is Republic Act No. 7279 or The “Urban Development Housing Act Of 1992”?

• Incentives are extended to the private sectors in participating in socialized housing
• Socialized housing refers to housing programs and projects covering houses and lots or homelots
• There are eligibility criteria for Socialized Housing Program Beneficiaries

Socialized housing refers to housing program and projects covering houses and lots and homelots only undertaken by the government or the private sector for the underprivileged and homeless citizens which shall include sites and services development, long-term financing, liberalized terms on interest payments, and such other benefits in accordance with the provisions of the “Urban Development and Housing Act of 1992”.

Who are eligible to become Socialized Housing Program Beneficiaries?

The law says:

To qualify for the socialized housing program, a beneficiary:

1. Must be a Filipino citizen;
2. Must be an underprivileged and homeless citizen;

Underprivileged and homeless citizens refer to the beneficiaries of the law on socialized housing and individuals or families residing in urban and urbanizable areas whose income or combined household income falls within the poverty threshold and who do not own housing facilities. Underprivileged and homeless citizens include those who live in makeshift dwelling units and do not enjoy security of tenure.

c. Must not own any real property whether in the urban or rural areas; and

d. Must not be a professional squatter or a member of squatting syndicates.

Is there an incentive for private sector participating in Socialized Housing?

The law says:

Yes.

To encourage greater private sector participation in socialized housing and further reduce the cost of housing units for the benefit of the underprivileged and homeless, the following incentives shall be extended to the private sector:

1. Reduction and simplification of qualification and accreditation requirements for participating private developers;
2. Creation of one-stop offices in the different regions of the country for the processing, approval and issuance of clearances, permits and licenses. The clearances, permits and licenses shall be issued within ninety (90) days from the date of submission of all requirements by the participating private developers;
3. Simplification of financing procedures; and
4. Exemption from the payment of the following:

1. Project-related income taxes;
2. Capital gains tax on raw land used for the project;
3. Value-added tax for the project contractor concerned;
4. Transfer tax for both raw completed projects; and
5. Donor’s tax for lands certified by the local government units to have been donated for socialized housing purposes on the condition that the application for exemption, a lien on the title of the land shall be annotated by the Register of Deeds. The socialized housing development plan has already been approved by the appropriate government agencies concerned.

As for following basic services in socialized housing or resettlement areas, the same shall be provided by the Local Government Unit (LGU) or the National Housing Authority in cooperation with private developers and concerned agencies:

1. Potable water;
2. Power and electricity and an adequate power distribution system;
3. Sewerage facilities and an efficient and adequate solid waste disposal system; and
4. Access to primary roads and transportation facilities.

The provisions of other basic services and facilities such as health, education, communications, security, recreation, relief and welfare shall be planned and shall be given priority for implementation by the local government unit concerned agencies in cooperation with the private sector and the beneficiaries themselves.

CIVIL LAW: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

A. Property

I. Definition of Property

Under the Civil Code of the Philippines, property refers to all things that are or may be the object of appropriation. Property is classified based on ownership, use, and characteristics, as described below.

II. Classification of Property

1. According to Ownership:
   • Public Property:
     • Owned by the State or its political subdivisions.
     • For public use (e.g., roads, bridges, plazas).
     • For government service (e.g., government buildings, military installations).
   • Private Property:
     • Owned by private individuals or entities.
     • Includes personal and real property not designated for public use.
2. According to Nature:
   • Real Property (Immovable):
     • Defined under Article 415 of the Civil Code.
     • Includes land, buildings, roads, trees, and other immovable structures attached to the land.
   • Personal Property (Movable):
     • Defined under Article 416.
     • Includes all things that can be transported from one place to another without altering their substance.
3. According to Purpose:
   • Consumable Property:
     • Goods that are consumed or extinguished upon use (e.g., food, fuel).
   • Non-Consumable Property:
     • Goods that can be used repeatedly without being consumed (e.g., furniture, tools).
4. According to Susceptibility of Appropriation:
   • Common Property:
     • Things owned by all, such as air, the high seas, and sunlight.
   • Res Nullius:
     • Things that have no owner but can be appropriated, such as wild animals or abandoned property.

III. Ownership (Articles 427–440, Civil Code)

1. Definition and Attributes:
   • Ownership is the right to enjoy, dispose, and exclude others from property.
   • It includes the right to the fruits and accessories of the property (Article 428).
2. Limitations on Ownership:
   • Must respect the rights of others (Article 429).
   • Subject to laws, such as zoning laws, taxation, and public welfare regulations.
3. Modes of Acquiring Ownership:
   • Original Modes:
     • Occupation.
     • Intellectual creation.
   • Derivative Modes:
     • Through contracts, succession, donation, prescription, and accession.
4. Rights and Obligations:
   • The owner has the right to recover property from any unlawful possessor (Article 428).
   • Must use property responsibly and prevent damage to others.

IV. Modifications of Ownership

1. Co-ownership (Articles 484–501):
   • Arises when ownership is shared by two or more persons.
   • Each co-owner holds an undivided interest in the property.
   • Partition may be demanded unless prohibited by agreement or law.
2. Usufruct (Articles 562–612):
   • The right to enjoy the use and fruits of property owned by another.
   • Usufructuary must preserve the property and return it upon termination of the usufruct.
3. Easements (Articles 613–651):
   • Encumbrances imposed on a property for the benefit of another (e.g., right of way).
   • Created by law, contract, or prescription.
4. Lease (Articles 1642–1676):
   • Temporary use of property by another under agreed conditions.
   • Lessors retain ownership but transfer possession and use.
5. Trusts:
   • Legal arrangement wherein ownership is separated from benefit.
   • Governed by special laws.

V. Public Property (Articles 420–425)

1. Definition and Scope:
   • Public property is for public use or service and cannot generally be alienated.
2. Disposition and Use:
   • State property can only be alienated under conditions provided by law (e.g., public bidding).
   • Property of public dominion cannot be acquired through prescription.
3. Reclassification of Public Property:
   • Public property may become patrimonial if explicitly declared by the government (Article 422).

VI. Private Property

1. Acquisition:
   • Through modes such as sale, donation, inheritance, or prescription.
2. Loss of Ownership:
   • By abandonment, prescription, or destruction of the property.
3. Protection of Rights:
   • Remedies include replevin, action for damages, and recovery of possession.

VII. Accession (Articles 440–465)

1. Definition:
   • Accession refers to the right of the owner to all that is produced by, incorporated, or attached to their property.
2. Types:
   • Accession Discreta: Refers to natural or industrial fruits.
   • Accession Continua: Refers to improvements or additions to immovable property (e.g., buildings, plants).
3. Rules:
   • Ownership of improvements belongs to the owner of the principal property unless otherwise agreed upon.

VIII. Possession (Articles 523–561)

1. Definition:
   • Possession is the holding or control of property with the intention of ownership.
2. Kinds:
   • In Good Faith: Belief in lawful ownership.
   • In Bad Faith: Awareness of lack of ownership.
3. Acquisition and Loss:
   • Possession may be acquired by material holding or intention.
   • Lost through abandonment, destruction, or transfer to another.
4. Legal Effects:
   • Possessors in good faith are entitled to fruits and improvements.
   • Possessors in bad faith must return the property and pay damages.

IX. Prescription (Articles 1106–1155)

1. Definition:
   • Prescription is a mode of acquiring or losing property through the passage of time.
2. Kinds:
   • Acquisitive Prescription:
     • Ordinary: Possession in good faith and with just title for ten years.
     • Extraordinary: Continuous possession for 30 years.
   • Extinctive Prescription:
     • Bars claims to property after the lapse of the statutory period.

• Literal (Plain Meaning) Interpretation: If the terms are clear and leave no doubt, the literal meaning controls.
• Intentional Interpretation (Intent Over Words): If words conflict with the parties’ evident intention, the intention prevails.
• Contextual/Systematic Interpretation: The contract must be read as a whole, with clauses interpreted in relation to one another to give all of them effect.
• Interpretation by Conduct (Contemporaneous Acts): To determine intent, courts consider the parties’ actions, behavior, and negotiations during and after the contract’s creation.
• Reasonable/Effective Interpretation: If a stipulation has multiple meanings, it is interpreted to be most effectual/enforceable, rather than void.
• Narrow Interpretation of General Terms: General terms, regardless of how broad, are restricted to the specific, intended subject matter.
• Special Over General Provisions: Specific provisions or handwritten/typed terms prevail over printed, general ones.
• Contra Proferentem: Ambiguous terms are interpreted against the party who drafted the contract or caused the ambiguity.
• Usage of Trade/Customs: Interpretation may be guided by established customs or industry practices. 

• Legal Standing (Locus Standi): To be entitled to sue or seek relief, a person must have a personal, direct stake in the outcome, having sustained or being in imminent danger of sustaining a direct injury.
• Valid Claim or Right: The person must show they are about to be denied a specific right or privilege to which they are lawfully entitled. 

• Labor Benefits (Non-diminution): To be entitled to a benefit that cannot be reduced by an employer, it must be founded on policy, ripened into a long-term practice, be consistent/deliberate, and not be due to an error in law.
• Rest Day/Holiday Pay: An employee is entitled to additional compensation for work on a Sunday only if it is their established rest day.
• Government Program (e.g., NHA Grant): Entitlement to land titles requires complying with contractual conditions, such as full payment of installments and personal use of the land.
• Naturalization (Philippine Citizenship): Entitlement to reduced residency requirements (5 years instead of 10) requires specific qualifications, such as holding office, establishing a new industry, or marrying a Filipino citizen.
• Valid Waiver: Entitlement to a right is waived only if the person possesses the right, has the capacity to dispose of it, and the waiver is clear, unequivocal, and not contrary to law or public policy.