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In a criminal action for malversation of municipal funds, the offended party, the Municipality of San Lorenzo, files a separate civil action for damages arising from the same offense in the Regional Trial Court, Branch 7, Civil Case No. 2026-MAL-007, while the criminal action remains pending in the same court. The offended party did not waive the civil action. The prosecution objects that the civil action should be deemed instituted with the criminal action and that filing separately is improper. (a) State the controlling doctrine on the institution of civil action in a criminal action. (b) Distinguish whether the civil action may be filed separately and the effect of filing separately versus being deemed to be instituted with the criminal action. (c) Apply the doctrine to these facts and determine the proper disposition.

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Clara

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