10/12/2019 E-Library - Information At Your Fingertips: Printer Friendly such that any judgment rendered in the other action will, regardless of which party is successful, amount to res judicata in the action under consideration.[21] The petition for certiorari filed before the CA did not amount to forum shopping despite the existence of the motion to dismiss before the NCIP. The two actions involved different reliefs based on different facts. In their petition, petitioners questioned the issuance of provisional remedies by the NCIP and prayed that these be dismissed for lack of a clear legal right to be protected. On the other hand, the motion to dismiss filed before the NCIP sought the dismissal of the main complaint of private respondents for the issuance of a permanent injunction to enjoin the demolition orders and/or to recognize their purported native title over the land involved. In addition, judgment rendered in the petition would not amount to res judicata with respect to the motion to dismiss, and vice versa. To invoke res judicata, the following elements must concur: (a) the judgment sought to bar the new action must be final; (b) the decision must have been rendered by a. court having jurisdiction over the subject matter and the parties; (c) the disposition of the case must be a judgment on the merits; and (d) there must be, as between the first and second actions, identity of parties, subject matter and causes of action.[22] As stated, the petition for certiorari assailed the propriety of the issuance of provisional remedies while the motion to dismiss attacked the principal action of private respondents. Evidently, the petition for certiorari and the motion to dismiss had different causes of action especially since the grant or denial of the provisional remedies does not necessarily mean that the main action would have the same conclusion. Having settled the procedural matters, we now address the merits of the case. Clear legal right and irreparable injury A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts.[23] It is an equitable and extraordinary peremptory remedy to be exercised with caution as it affects the parties' respective rights.[24] Under Section 3, Rule 58 of the Rules of Court, a preliminary injunction may be granted when it is established that: (a) the applicant is entitled to the relief demanded, and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained of, or in requiring the performance of an act or acts, either for a limited period or perpetually; (b) the commission, continuance or non-performance of the act or acts complained of during the litigation would probably work injustice to the applicant; or (c) a party, court, agency or a person is doing, threatening or attempting to do; or is procuring or suffering to be done, some act or acts probably in violation of the rights of the applicant respecting the subject of the action or proceeding and tending to render the judgment ineffectual. In other words, the following requisites must concur before a preliminary injunction is issued: (1) the invasion of a right sought to be protected is material and substantial; (2) the right of the complainant is clear and unmistakable; and (3) there is an urgent elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64367 6/13