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Adversity Quotient

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Submitted By jellica
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Republic of the Philippines
SUPREME COURT
Manila
FIRST DIVISION G.R. No. 126749 August 21, 1997
ERIBERTO M. SUSON, petitioner, vs. HON. COURT OF APPEALS and DAVID S. ODILAO, JR., respondents. PADILLA, J.:
The issue in this case is whether or not a party litigant, whose complaint has been dismissed by a Regional Trial Court due to improper venue, can seek an authorization from the Supreme Court thru the Deputy Court Administrator to re-file his complaint in the court of proper venue without payment of the prescribed docket fee.
This is a petition for review on certiorari under Rule 45 of the Rules of Court to review the decision 1 of the Court of Appeals in CA-G.R. SP No. 37311 which dismissed petitioner's petition for certiorari assailing the order of the Regional Trial Court (Branch 6) Cebu City which denied his motion to dismiss for lack of merit.
The facts are not in dispute.
On 15 November 1993, private respondent Odilao filed a P5.15 million civil suit for damages against petitioner Suson before the Regional Trial Court of San Juan (Branch 26), Southern Leyte. Private respondent claimed that petitioner made false and groundless accusations of graft and corruption against him before the Office of the Ombudsman, and thereafter caused their publication in a Cebu-based local daily under the headline "ODILAO SUED FOR GRAFT." According to private respondent, Suson's machinations had cast dishonor, discredit and contempt upon his person which besmirched his reputation and caused him to suffer moral shock and social humiliation.
Private respondent paid the sum of P25,600.00 in docket fees to the Regional Trial Court (Branch 26) of Southern Leyte covered by Official Receipts Nos. 1937304 in the amount of P15,450.00 and 1030112 in the amount of P10,150.00, both dated 15 November 1993. 2
On 17 December 1993, petitioner Suson filed a motion to dismiss

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