Can the accused in a criminal case file a counterclaim, cross-claim or third-party complaint?

No counterclaim, cross-claim or third-party complaint may be filed by the accused in the criminal case, but any cause of action which could have been the subject thereof may be litigated in a separate civil action. (Sec. 1, Rule 111) 

Under this provision, the accused is barred from filing a counterclaim, cross-claim or third-party complaint in the criminal case. However, the same provision states that any cause of action which could have been the subject (of the counterclaim, cross-claim or third-party complaint) may be litigated in a separate civil action. The present Rule 111 mandates the accused to file his counterclaim in a separate civil action which shall proceed independently of the criminal action, even as the civil action of the offended party is litigated in the criminal action. (Casupanan vs. Laroya, G.R. No. 145391, August 26, 2002)


Can the accused in a pending criminal case for reckless imprudence validly file, simultaneously and independently, a separate civil action for quasi-delict against the private complainant in the criminal case? Is there forum-shopping in such case?