Here’s a comprehensive, plain-English guide to filing (or deciding whether you can file) criminal and civil cases in the Philippines when a sibling is taking, hiding, or abusing a parent’s property. It’s written for lay readers but keeps the legal backbone intact. This is general information—facts and strategy in your situation can change the result, so consider getting counsel.

Filing Theft and “Abuse” Cases Against a Sibling for a Parent’s Property (Philippine Law)

1) First principles: who owns what?

While a parent is alive, the property is theirs. Children and siblings have no vested ownership over a living parent’s assets; at most they have an expectancy as future heirs.
“Parent’s property” means anything the parent legally owns: cash, jewelry, vehicles, gadgets, passbooks/ATMs/cards, checks, titles, household items, etc. For land/condo, rely on titles and deeds; for movables, rely on receipts, bank/credit statements, witness testimony, and possession/history.
A child/sibling who says “mana ko ’yan” before the parent dies is, legally, wrong—unless there was a valid transfer (e.g., a donation that met formalities, or a sale the parent genuinely agreed to).

2) Criminal law options—and the “family exemption” that often blocks them

A. Theft (Art. 308, Revised Penal Code)

Elements in simple terms: (1) taking personal property belonging to another, (2) intent to gain, (3) without consent, (4) no violence or force.

B. Qualified theft (Art. 310)

Still theft, but punished more severely when done with grave abuse of confidence (e.g., a child trusted with the parent’s card or cash “for safekeeping” who later pockets it).

C. The family absolutory cause (Art. 332)

This is the big stumbling block in family disputes. No criminal liability—only civil—for theft, estafa (swindling), and malicious mischief when committed between:

Spouses, ascendants, and descendants (e.g., parent ↔ child), and relatives by affinity in the same line;
A widowed spouse regarding property of the deceased spouse before partition;
Brothers and sisters, and in-laws, if living together.

What this means for a sibling taking a parent’s property: The legally relevant relationship is child ↔ parent (ascendant/descendant). If your sibling took your parent’s property without violence/force, the act is theft or estafa, but Article 332 generally bars criminal prosecution because the victim is the parent (ascendant). The State can’t imprison the child for theft/estafa against the parent; only civil liability remains.

Important boundaries of the exemption

It covers theft/estafa/malicious mischief (including theft aggravated by abuse of confidence).
It does not cover robbery (there’s violence, intimidation, or force upon things), falsification/forgery, physical injuries, grave threats, coercion, trespass to dwelling, etc.
It does not cover many special laws. If the conduct fits those, a criminal case may proceed (see below).

D. When a criminal case can still proceed (despite family ties)

Robbery (Arts. 293–296): Theft with violence/intimidation or force upon things (e.g., breaking a cabinet/door, threatening the parent). Art. 332 does not shield robbery.
Falsification/Forgery (Arts. 171, 172, etc.): Forging the parent’s signature on deeds, checks, bank forms, SPAs, or titles.
Access device/ATM/credit card fraud (RA 8484): Using the parent’s ATM/credit/online credentials without authority. No family exemption here.
B.P. 22 (Bouncing Checks): If the sibling issued a check to the parent that later bounced; family exemption does not apply.
Anti-Cybercrime overlaps (RA 10175): Online unauthorized access, computer data interference, or fraud elements.
Grave coercion, unjust vexation, threats, physical injuries, trespass, qualified theft converted into robbery by force, etc. (outside Art. 332’s scope).

Bottom line: If the taking is a “quiet” non-violent misappropriation against the parent, you’re usually pushed to civil remedies (see §4). If there’s violence/force, forgery, device fraud, threats, etc., criminal remedies may be open.

3) Elements & evidence: building (or defending) a case

Proving lack of consent & intent to gain

Consent: Show the parent did not allow the taking (or that any “permission” was limited). If the parent is incapacitated (e.g., dementia), use medical certificates, neuro/psych evals, witness testimony, and the timeline of deterioration.
Intent to gain: Often presumed from unlawful taking; strengthened by use/sale of the item, transfers to the sibling’s accounts, or refusal to return after demand.
Ownership: Receipts/title/registration, bank statements, prior possession, insurance schedules, photos, serial numbers.
Value: Receipts, appraisal, bank records. (Penalties and prescription depend on value brackets re-calibrated by RA 10951; your lawyer will map the amount to the penalty range.)

Electronic & banking evidence

Keep phones, chats, emails, CCTV. Use the Rules on Electronic Evidence to admit screenshots, metadata, and device logs.
Bank records require the account holder’s request or compulsory process (subpoena duces tecum) in a case.

4) Civil law toolbox (often the main path)

Because Article 332 often blocks criminal theft/estafa when the parent is the victim, you’ll rely on civil actions—sometimes urgently—to freeze, recover, and protect assets.

Demand letter: Formal return/accounting demand with a deadline. Useful to show bad faith and to start negotiations.
Replevin (Rule 60): Recover specific personal property (cars, gadgets, jewelry) wrongfully detained; you post a bond; the court can order immediate seizure.
Injunction/TRO/WPI (Rule 58): Stop further withdrawals/encashments, bar sale of a vehicle, freeze movement in a safe-deposit box, etc.
Acción reivindicatoria / recovery of ownership, accion replevin/detentación, accounting, unjust enrichment, damages (moral, exemplary, temperate, attorney’s fees).
Ejectment (unlawful detainer/forcible entry) if the sibling occupies the parent’s home and refuses to vacate; the parent (or a guardian/attorney-in-fact) sues.
Annulment of deed / reconveyance: If the sibling got the parent to sign a deed of sale/donation without formalities, consent, or with undue influence/fraud.
Constructive trust & reconveyance (esp. land registered in sibling’s name through fraud): Generally 4 years from discovery of the fraud (nuances apply).
Accounting/partition where appropriate.

Guardianship / substitute decision-making (crucial if the parent is vulnerable)

If the parent cannot manage property (dementia, stroke, etc.), file guardianship over person and/or property (Rules 92–97).
The court appoints a legal guardian (bonded, with inventory/accounting duties) who can sue, recover, freeze, and manage the parent’s assets.
In emergencies, seek urgent TRO/WPI and special/temporary guardianship.

Barangay Justice System (Katarungang Pambarangay)

Many civil disputes (and some minor penal matters) between residents of the same city/municipality require barangay conciliation before filing in court.
Not required for offenses punishable by more than 1 year or ₱5,000 fine, cases with urgent legal remedies (like injunction), or when parties live in different cities/municipalities. When in doubt, attempt barangay conciliation or get a lawyer’s take—filing without it can cause dismissal.

5) Special scenarios

A. After the parent dies (estate phase)

Until the estate is settled, heirs are in co-ownership. A co-owner typically cannot commit theft of co-owned property. Remedies are civil: accounting, partition, damages, injunction, or reconveyance if someone grabbed title by fraud.
Extrajudicial settlement (Rule 74) is possible if no will, no debts, and all heirs agree; otherwise, go through probate/intestate proceedings.
A sibling administering estate funds who misappropriates them may face estafa if funds were received in trust—Art. 332 no longer shields sibling ↔ sibling unless living together (rare post-death).

B. Joint bank accounts and “OR/AND” issues

If a child is a joint signatory, the bank may lawfully honor withdrawals, but beneficial ownership can still be the parent’s. Civil suits (accounting/reconveyance) can still prosper even if criminal cases won’t.

C. Real property “transfers” to the sibling

Donations of land/condo must be in a public instrument with the donee’s acceptance in a public instrument as well; otherwise void.
Sales need genuine consent and consideration; sham documents can be annulled; forged signatures = void and can trigger falsification charges.

6) Step-by-step playbook (practical)

Secure the parent (safety first): medical check, social worker if needed; document capacity.
Preserve evidence: photos/serials, receipts, chats, CCTV, bank/credit statements; list of missing items/transactions; get witness affidavits.
Demand & document: Send a notarized demand letter for return/accounting. Keep proof of service.
Choose the track:
- Criminal if facts fit robbery, forgery/falsification, access-device fraud, threats/coercion, etc.
- Civil if Article 332 blocks criminal theft/estafa, or if you mainly need recovery/freeze.
- Guardianship if the parent cannot manage affairs.
Emergency remedies: Ask court for TRO/WPI/replevin to stop dissipation and seize specific chattels.
Where to file:
- Criminal: City/Provincial Prosecutor (complaint-affidavit with evidence).
- Civil: MTC/RTC depending on claim/value; place of plaintiff/defendant (personal actions) or where the property is (real actions).
- Guardianship: RTC where the parent resides.
- Barangay: If required; get Certification to File Action if no settlement.
Case management: Attend prelim investigation, mediation, JDR; use subpoenas to compel bank/3rd-party records.

7) Prescriptive periods (time limits) – quick orientation

Criminal prescription depends on the penalty, which depends on amount/value (recalibrated by RA 10951). As a rule of thumb:
- Serious (higher amounts) → longer prescription (often 10–15 years).
- Lower amounts → shorter (around 5 years; petty offenses can be months).
Civil actions have their own clocks (e.g., annulment for voidable contracts generally 4 years from discovery of fraud/duress/undue influence; reconveyance based on fraud typically 4 years from discovery; actions based on written contracts generally 10 years). Get advice on which clock you’re on.

8) Evidence checklist

Proof of ownership (title, OR/CR, receipts), possession history, photos, serials.
Medical proof of capacity issues (if relevant).
Communications (texts, chats, email), CCTV, witness affidavits.
Bank/credit records, withdrawal slips, ATM logs, card statements.
Demand letter + proof of service; barangay records (if any).
Any deeds/acknowledgments the sibling relies on (get certified copies from the notary or Registry to check for forgery/defects).

9) Common pitfalls

Filing theft/estafa against a child of the victim without checking Art. 332 → criminal case dismissed, lost time.
Self-help (breaking locks, grabbing back items) → you risk robbery/trespass/coercion charges. Use court processes.
Skipping barangay conciliation where required → dismissal of your civil case.
Letting time run: Some remedies are time-sensitive; injunction/replevin is most effective early.
Assuming “joint signer = joint owner.” Beneficial ownership matters.

10) Templates (use as skeletons; fill with specifics)

A. Demand letter (summary points)

Identify you/parent, property taken, dates, value, and lack of consent.
Demand return/accounting within 5–10 days; warn of civil action (and criminal, if applicable—e.g., forgery/robbery/access-device fraud).
Send by registered mail with RD + personal/email/merchant chat if available.

B. Criminal complaint-affidavit (outline)

Affiant’s identity/capacity (child/SPA/guardian).
Facts in order: ownership, taking, how consent was absent/limited, threats/force/forgery/device misuse.
Offense/s invoked (e.g., Robbery, Falsification, RA 8484, BP 22).
Evidence list (Annexes).
Prayer: file information; issue subpoenas for bank/third-party records.

C. Civil complaint (outline)

Parties & capacity (include guardianship if needed).
Cause/s of action (replevin, injunction, accounting, reconveyance, damages).
Facts + specific property descriptions.
Urgent relief (TRO/WPI; bond if replevin).
Prayer and verification/CMC certifications.

11) Where to go / who can help

Punong Barangay/Lupon: for conciliation, quick community pressure.
PNP / NBI: blotter; coordinate when violence/forgery/device fraud is involved.
Office of the City/Provincial Prosecutor: for criminal complaints.
RTC/MTC: civil, guardianship, injunction, replevin.
PAO (if indigent), IBP legal aid, or a private litigator experienced in family-property disputes.

12) Quick decision guide

No violence/force, just “took” parent’s cash/jewelry/ATM quietly? → Criminal theft/estafa usually barred by Art. 332 → go civil (replevin/injunction/accounting) + guardianship if needed.
Broke doors/safe, threatened or hurt parent, or used a weapon? → Robbery / other crimes → criminal + civil + urgent protection orders.
Forged signature on deed/check/spa; faked IDs; online access to accounts → Falsification / RA 8484 / cyber offenses → criminal viable.
Parent deceased; sibling hoarding estate assets → Treat as estate issue: accounting/partition; criminal lies only if elements of a non-exempt offense exist (e.g., forgery, estafa in trust), and Art. 332’s sibling exception rarely applies unless living together.

Final notes

Article 332 is often decisive. Before spending energy on a theft or estafa case about a parent’s property, analyze 332 first.
If your real goals are to stop the bleeding and get the property back, civil injunction/replevin, accounting, and guardianship (when appropriate) are usually the fastest levers.
If there’s violence/force, forgery, or device fraud, criminal is back on the table.

If you want, tell me your exact facts (who owns what, what happened, dates, any paper/trail, where you all live), and I’ll map them to the most viable remedies and draft the right documents.