presence of probable cause. A quasi-judicial agency performs adjudicatory functions when its awards determine the rights of parties, and its decisions have the same effect as a judgment of a court. [This] is not the case when a public prosecutor conducts a preliminary investigation to determine probable cause to file an information against a person charged with a criminal offense, or when the Secretary of Justice [reviews] the former's order[s] or resolutions on determination of probable cause. In Odchigue-Bondoc, we ruled that when the public prosecutor conducts preliminary investigation, he thereby exercises investigative or inquisitorial powers. Investigative or inquisitorial powers include the powers of an administrative body to inspect the records and premises, and investigate the activities of persons or entities coming under his jurisdiction, or to secure, or to require the disclosure of information by means of accounts, records, reports, statements, testimony of witnesses, and production of documents. This power is distinguished from judicial adjudication which signifies the exercise of power and authority to adjudicate upon the rights and obligations of concerned parties. Indeed, it is the exercise of investigatory powers which sets a public prosecutor apart from the court. (Emphasis supplied)[61] (Emphasis supplied, citations omitted) Although the prosecutor's dismissal of a criminal complaint does not give rise to res judicata vis-a-vis subsequent civil and quasi-judicial proceedings, neither does it engender double jeopardy - so-called "res judicata in prison grey" — should the alleged perpetrator's criminal liability still be subsequently pursued. In Trinidad v. Marcelo:[62] Petitioner's arguments — that res judicata applies since the Office of the Ombudsman twice found no sufficient basis to indict him in similar cases earlier filed against him, and that the Agan cases cannot be a supervening event or evidence per se to warrant a reinvestigation on the same set of facts and circumstances — do not lie. Res judicata is a doctrine of civil law and thus has no bearing on criminal proceedings. But even if petitioner's argument were to be expanded to contemplate "res judicata in prison grey" or the criminal law concept of double jeopardy, this Court still finds it inapplicable to bar the reinvestigation conducted by the Office of the Ombudsman. For the dismissal of a case during preliminary investigation does not constitute double jeopardy, preliminary investigation not being part of the trial.[63] (Citations omitted) Likewise, in Jamaca v. People:[64] It should be borne in mind that for a claim of double jeopardy to prosper, petitioner has to prove that a first jeopardy has attached prior to the second. As stated in Braza v. Sandiganbayan, "[t]he first jeopardy attaches only (a) after a valid indictment; (b) before a competent court; (c) after arraignment; (d) when a valid plea has been entered; and (e) when the accused was acquitted or convicted, or the case was dismissed or otherwise terminated without his express consent." In this case, the complaint before the Office of the Deputy Ombudsman for the Military was dismissed as early as the preliminary investigation stage, thus, there was as yet, no indictment to speak of. No complaint or Information has been brought before a competent court. Hence, none of the aforementioned events has transpired for the first jeopardy to have attached. In Vincoy v. Court of Appeals, which is closely analogous to the present case, the private complainant therein initially filed a complaint with the Office of the City Prosecutor of Pasay City, but said office dismissed the complaint. Private complainant then re-filed the complaint with the Office of the City Prosecutor of Pasig City. The Office of the Prosecutor of Pasig City found probable cause and filed the Information against the accused therein. In said case, the Court categorically held that: The dismissal of a similar complaint . . . filed by [private complainant] before the City Prosecutor's Office of Pasay City will not exculpate the petitioner. The case cannot bar petitioner's prosecution. It is settled that the dismissal of a case during its preliminary investigation does not constitute double jeopardy since a preliminary investigation is not part of the trial and is not the occasion for the full and exhaustive display of the parties' evidence but only such as may engender a well-grounded belief that an offense has been committed and accused is probably guilty thereof. For this reason, it cannot be considered equivalent to a judicial pronouncement of acquittal. [65] (Citations omitted) As deftly noted both by Judge Giron-Dizon and the Court of Appeals, it was not within the prosecutor's competence to issue or to direct the issuance of a protection order. Assistant City Prosecutor Odronia could not have adjudicated the parties' rights and obligation. That is, he was not in a position to rule on Maria Sheila's right to be protected or on petitioner's duty to desist from acts of violence: