The [Court of Appeals] was correct in ruling that the doctrine of res judicata applies only to judicial or quasi-judicial
proceedings, and not to the exercise of administrative powers. Administrative powers here refer to those purely
administrative in nature, as opposed to administrative proceedings that take on a quasi-judicial character.
In administrative law, a quasi-judicial proceeding involves (a) taking and evaluating evidence; (b) determining facts
based upon the evidence presented; and (c) rendering an order or decision supported by the facts proved. The
exercise of quasi-judicial functions involves a determination, with respect to the matter in controversy, of what the law
is; what the legal rights and obligations of the contending parties are; and based thereon and the facts obtaining, the
adjudication of the respective rights and obligations of the parties ...
....
The Court has laid down the test for determining whether an administrative body is exercising judicial or merely
investigatory functions: adjudication signifies the exercise of the power and authority to adjudicate upon the rights and
obligations of the parties. Hence, if the only purpose of an investigation is to evaluate the evidence submitted to an
agency based on the facts and circumstances presented to it, and if the agency is not authorized to make a final
pronouncement affecting the parties, then there is an absence of judicial discretion and judgment.
In this case, an analysis of the proceedings before the BFP yields the conclusion that they were purely administrative
in nature and constituted a fact-finding investigation for purposes of determining whether a formal charge for an
administrative offense should be filed against petitioner.
....
The proceedings before the BFP were merely investigative, aimed at determining the existence of facts for the
purpose of deciding whether to proceed with an administrative action. This process can be likened to a public
prosecutor's preliminary investigation, which entails a determination of whether there is probable cause to
believe that the accused is guilty, and whether a crime has been committed.
The ruling of this Court in Bautista v. Court of Appeals is analogously applicable to the case at bar. In that case, we
ruled that the preliminary investigation conducted by a public prosecutor was merely inquisitorial and was definitely
not a quasi-judicial proceeding:
A closer scrutiny will show that preliminary investigation is very different from other quasi-judicial proceedings. A
quasi-judicial body has been defined as "an organ of government other than a court and other than a legislature
which affects the rights of private parties through either adjudication or rule-making."
....
On the other hand, the prosecutor in a preliminary investigation does not determine the guilt or innocence of
the accused. He does not exercise adjudication nor rule-making functions. Preliminary investigation is merely
inquisitorial, and is often the only means of discovering the persons who may be reasonably charged with a crime
and to enable the fiscal to prepare his complaint or information. It is not a trial of the case on the merits and has no
purpose except that of determining whether a crime has been committed and whether there is probable cause to
believe that the accused is guilty thereof. While the fiscal makes that determination, he cannot be said to be acting as
a quasi-court, for it is the courts, ultimately, that pass judgment on the accused, not the fiscal. (Emphases supplied)
This principle is further highlighted in MERALCO v. Atilano, in which this Court clearly reiterated that a public
prosecutor, in conducting a preliminary investigation, is not exercising a quasi-judicial function. In a preliminary
investigation, the public prosecutor inspects the records and premises, investigates the activities of persons or
entities coming under the formers' jurisdiction, or secures or requires the disclosure of information by means of
accounts, records, reports, statements, testimony of witnesses, and production of documents. In contrast, judicial
adjudication signifies the exercise of power and authority to adjudicate upon the rights and obligations of concerned
parties, viz.:
This is reiterated in our ruling in Spouses Balangauan v. Court of Appeals, Special Nineteenth Division, Cebu City,
where we pointed out that a preliminary investigation is not a quasi-judicial proceeding, and the DOJ is not a quasijudicial agency exercising a quasi-judicial function when it reviews the findings of a public prosecutor regarding the