Philippine Supreme Court Resolutions > Year 2010 > October 2010 Resolutions > [G.R. No. 174084 : October 13, 2010] SPIC N' SPAN SERVICES CORPORATION, PETITIONER VS. GLORIA PAJE, ET AL., RESPONDENTS :

Please take notice that the Court, Third Division, issued a Resolution dated 13 October 2010, which reads as follows:

G.R. No. 174084  -  SPIC N' SPAN SERVICES CORPORATION, petitioner -versus- GLORIA PAJE, ET AL., respondents.

We deny petitioner Spic N' Span's motion for reconsideration for lack of merit.

The Court, in the exercise of its constitutional rulemaking authority, has the prerogative to suspend the application of the Rules of Court on a case-to-case basis as the interest of justice may require. It can, as it did in this case, make findings of facts based on the records.

It is not correct to claim that a litigant whose case is dismissed without prejudice can only re-file his case and that this remedy bars him from filing a petition for certiorari under Rule 65. While accepting the dismissal and re-filing the case may indeed be an option, it is not necessarily the "plain, speedy and adequate" remedy that can bar a petition for certiorari where grave abuse of discretion was present in the dismissal.

WHEREFORE, premises considered, we hereby DENY the motion for reconsideration with finality. No further pleadings shall be entertained. Let judgment in due course be entered.

SO ORDERED.