D E C I S I O N
YNARES-SANTIAGO, J.:
This is a petition for review on certiorari of the Decision[1] dated December 2, 2005 of the Regional Trial Court (RTC) of San Jose City, Branch 38, in Special Civil Action No. (05) 12-SJC, holding that the Municipal Trial Court in Cities (MTCC), Branch 1, San Jose City, did not gravely abuse its discretion in denying the motion to dismiss filed by petitioner Eriberto P. Crisostomo in Civil Case No. 3706.
The facts of the case are as follows:
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