What dismissals are WITH prejudice?
The following are dismissals with prejudice under the Rules of Court:
 Dismissal by order of the court upon a party’s MOTION which specifies that the same shall be with prejudice to the filing of a subsequent action based on or including the same claim (Rule 17, Sec. 2).
 Dismissal upon motion of a defendant or on the court’s motion upon plaintiff’s FAILURE TO PROSECUTE his claim (Rule 17, Sec. 3).
 Dismissal as a result of plaintiff’s FAILURE TO APPEAR during the pre-trial, unless otherwise ordered by the court (Rule 18, Sec. 5).