Art 6 of New Civil Code (RA 386) stipulates that rights maybe waived provided such act is not contrary to law, public policy, morals or good customs, or prejudicial to 3rd person with a right recognized by law.
Waiver must be clearly and convincingly shown either thru express stipulation or act admitting no other reasonable explanation.
However, regardless the person chose to waive his right, the State shall accord him full protection and the court shall see to it that his basic constitutional right is not disregarded.
Should the person decide to invoke his right, after waiving, specially if such in premised on consent given under a mistake or misapprehension of fact, he can do so.