Soundbites (Issue on Lack/Failure to State a Cause of Action)

I. Requisites of a Cause of Action:

1. Right granted by law to Petitioner/Plaintiff;

2. Obligation on part of the Respondent/Defendant not to violate such right or law; and

3. Violation by act or omission of such right/law by the Respondent/Defendant

- Right pertains to Phil. Fishermen being deprived of their livelihood/right to a healthy and
balanced ecology by Chinese fishermen/Chinese Coast Guard;

- Obligation on part of DENR, DOJ, PCG, PNP, etc. to enforce duties mandated under
the Fisheries Code;

- Violation of said right by Respondents by omitting to substantially fulfil their duties under
the Fisheries Code.

II. Judicial Notice (in relation to contention of OSG that Petitioners did not
introduce evidence to comply with requisites of Writ of Kalikasan; argue that
evidence is not needed since it involves the official acts of the government;
CAUTION: may contradict argument against allegation of lack of a political
question.

Rule 129, Sec. 1 - Judicial notice, when mandatory. — A court shall take judicial notice,
without the introduction of evidence, of the existence and territorial extent of states, their
political history, forms of government and symbols of nationality, the law of nations, the
admiralty and maritime courts of the world and their seals, the political constitution and
history of the Philippines, the official acts of legislative, executive and judicial
departments of the Philippines, the laws of nature, the measure of time, and the
geographical divisions.

Keywords:

- “WITHOUT the introduction of evidence”

 - “the official acts of legislative, executive and judicial departments of the
Philippines” – ARGUE that acts of DENR, BFAR, PNP, DOJ, etc. not sufficient to
be within the ambit of fulfilling their ministerial duties.

IV. Strike Out Verified Return

- Argue Verified Return is akin to a Motion to Dismiss, which is a prohibited pleading

under A.M. No. 09-6-8-SC, Rule 7, Sec. 9 (a); “the nature of an action, as well as which
court or body has jurisdiction over it, is determined based on the allegations contained in
the complaint of the plaintiff, irrespective of whether or not the plaintiff is entitled to recover
upon all or some of the claims asserted therein.” (Padlan vs. Dinglasan, G.R. No.
180321); Verified Return contains prayers to dismiss the petition.