Practice question
An accused has a valid independent civil demand against the complainant. It files that demand as a counterclaim in the criminal prosecution, saying implied civil institution authorizes it. Which is correct?
- Only an oral counterclaim is valid
- Implied institution authorizes every accused claim
- No separate action can ever exist
- The complainant automatically loses the criminal case
- The rule bars that pleading there but preserves a separate civil action
Legal references
- Rules110 Section14,111 Sections1–3 and119 Section19: https://lawphil.net/courts/rules/rc_110-127_crim.html
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