This guide explains, in Philippine context, the civil and criminal pathways typically used when a sibling occupies family land against your will and issues threats. It is practical and comprehensive, but it is not a substitute for advice from a Philippine lawyer who can review your documents.

Part I — Evicting a Sibling from Family Land

1) First, identify the legal status of the property and your sibling’s possession

Your strategy depends on who owns the land right now and how your sibling came to possess it.

Titled solely to you (or already adjudicated to you in an estate proceeding): Your sibling is a tolerated occupant or intruder. Your remedy is usually unlawful detainer (if possession began with your permission and you later revoked it) or forcible entry (if they entered by stealth or force).
Still undivided estate of your parents (no partition yet): All heirs are co-owners of the whole until partition. You generally cannot evict a co-owner outright. Remedies are:
1. Settlement of estate (extrajudicial or judicial), then
2. Partition to assign lots/percentages, and only then
3. Ejectment if a co-owner continues to occupy beyond the portion allotted.
Co-owned by you and sibling (on title or by inheritance): You can stop exclusive use that exceeds their share, demand accounting of fruits, and file partition; ejectment applies after specific allocation or if they occupy a defined portion you exclusively own (e.g., a house you built, a subdivided area, or by written allocation).

Tip: Gather proof now—TCT/Tax Dec, Deed of Sale, Extrajudicial Settlement, Affidavits of heirship, tax receipts, photos, maps, barangay records, demand letters, messaging threads.

2) Choose the correct civil action

Scenario	Proper Action	Court	Deadline (from last demand/entry)
Entered by force, intimidation, threat, or stealth	Forcible Entry	MTC (Summary Procedure)	1 year from dispossession
Initially allowed, now refused to vacate after revocation	Unlawful Detainer	MTC (Summary Procedure)	1 year from final demand
Possession dispute after 1 year has lapsed	Acción Publiciana (recovery of right to possess)	RTC	No 1-yr bar (but subject to prescription)
You seek recovery of ownership + possession	Acción Reivindicatoria	RTC	Based on ownership claim
Property is undivided among heirs/co-owners	Partition (with accounting/physical division/sale)	RTC (or MTC if within monetary thresholds)	None specific; don’t sleep on your rights

3) Barangay conciliation (Katarungang Pambarangay)

If you and your sibling live in the same city/municipality, most ejectment and property-use disputes require prior barangay mediation before filing in court (exceptions exist, e.g., when urgent injunctive relief is required, parties live in different cities/municipalities, or other statutory exemptions). Obtain a Certificate to File Action if no settlement is reached.

4) Demand letter (for unlawful detainer)

Send a dated written demand to vacate and to pay reasonable compensation (e.g., rent) from the time of demand. Give a reasonable period (commonly 15 days). Serve via personal service and registered mail (keep registry receipts and photos/video of service).

Simple template

[Date]

[Name of Sibling]
[Address]

Subject: FINAL DEMAND TO VACATE AND PAY REASONABLE COMPENSATION

I am the [owner/heir/co-owner] of the property located at [address/LOT/BLOCK/TCT No.]. Your occupation was by my tolerance and is hereby revoked. You are given fifteen (15) days from receipt to vacate and peacefully turn over possession. You are likewise required to pay reasonable compensation of [amount] per month from [date of demand] until you vacate.

Failure to comply will constrain me to file an unlawful detainer case and seek damages and attorney’s fees.

Very truly yours,
[Your Name]

5) Filing the case

Where:
- Ejectment (forcible entry/unlawful detainer): MTC where the property is located.
- Partition/ownership actions: RTC with jurisdiction over the property/value.
What to file: Verified Complaint with annexes (title/estate papers, tax declarations, photos, demand letters, barangay certificate, proof of service).
Process & timeline (summary procedure cues):
- No motion to dismiss (with narrow exceptions);
- Position papers after answer;
- Judgment is immediately executory unless the defendant files a supersedeas bond and deposits reasonable compensation while appealing.
Provisional relief: In RTC cases (partition/publiciana/reivindicatoria), consider applying for a TRO/Preliminary Injunction to stop further encroachments or construction.

6) Special notes on co-ownership and estates

Co-owner rule: One co-owner cannot evict another from the entire property while it’s undivided, but can seek partition or allocation of use, and damages for exclusive occupation beyond share.
Estate not yet settled: Start with extrajudicial settlement (all heirs sign + publication + BIR requirements) or judicial settlement (if there are minors/disputes). After adjudication/partition, you can enforce your allocated portion and use ejectment if needed.

Part II — Filing Criminal Charges for Grave Threats

“Grave threats” under the Revised Penal Code generally involve threatening another (or their family/property) with a wrong that amounts to a crime (e.g., “I will burn your house,” “I will kill you”), with or without conditions (e.g., “unless you leave,” “unless you pay”). If the threatened wrong does not amount to a crime, the offense is typically light threats. Penalties and degrees can vary based on whether money/condition was demanded and whether the threat was carried out—your prosecutor will classify it from the facts.

1) Elements you must be ready to prove

A threat to inflict a wrong amounting to a crime against you, your family, or your property;
Intent that the threat be taken seriously (context matters: tone, history, prior acts);
The threat was communicated (in person, messages, calls, posts, witnesses);
Optional: a condition/demand (e.g., “Vacate the land or I’ll…”) may aggravate liability.

2) Evidence checklist

Screenshots/printouts of texts, chats, social posts (show URLs, handles, timestamps).
Call logs/voicemails (if available).
Witness affidavits from family, neighbors, barangay officials.
CCTV/bodycam/home camera footage (ensure lawful acquisition).
Medical/legal reports if threats escalated into physical harm or property damage.
Prior barangay blotter entries or written undertakings.

Important on recordings: The Philippine Anti-Wiretapping Act generally prohibits recording private communications without consent. Avoid secretly recording phone/voice conversations. Lawfully obtained text messages, public posts, and non-wiretapped videos (e.g., CCTV in your own property capturing open acts) are typically safer.

3) Where to start

If both of you live in the same city/municipality: You may report to the Barangay for blotter/mediation. Some criminal complaints still undergo barangay conciliation depending on statutory penalties and local practice. Barangay records create paper trail and may calm the situation.
Police or directly to the Prosecutor’s Office: For grave threats, you can file a criminal complaint-affidavit with evidence. The prosecutor may set clarificatory hearings, then resolve probable cause and file the Information in court.

4) How to file a criminal complaint (practical flow)

Write a detailed, chronological narrative (names, dates, exact words, place, witnesses).
Attach evidence and IDs.
Execute a Complaint-Affidavit (subscribed and sworn before the prosecutor/notary).
Submit to the City/Provincial Prosecutor’s Office (or police who will endorse to the prosecutor).
Attend clarificatory proceedings if scheduled.
If probable cause is found, the case is filed in court; a warrant or summons may issue.
Monitor the case; be ready to testify at trial.

5) Parallel safety measures

Protection via the courts: In non-VAWC family disputes, you may seek Injunction/TRO in a civil case (e.g., to stop harassment/entry).
Barangay Watchlist/Police coordination: Request increased patrols, document every incident.
NBI or PNP cyber units for online threats.
Safety plan: Neutral meet-ups, third-party witness present, keep communications in writing.

Coordinating the Civil and Criminal Tracks

Do both, carefully: Filing an ejectment/partition case does not bar a criminal case for threats (and vice-versa).
Mind your timelines:
- Ejectment: 1-year rule (from last demand or dispossession).
- Criminal: Observe prescriptive periods (grave threats typically prescribes in years, not months; file promptly).
Stay consistent: Your narratives in demand letters, barangay blotters, and affidavits should align (dates, locations, what was said).
Don’t self-evict: Avoid resorting to force; let lawful processes work. Self-help can expose you to criminal liability.

Common Pitfalls (and How to Avoid Them)

Suing for ejectment when the land is still undivided among heirs. → Start with settlement/partition, then enforce your allocated share.
Missing the 1-year ejectment window. → Count from last demand (detainer) or actual dispossession (forcible entry). If lapsed, shift to acción publiciana (RTC).
No written demand + no proof of service. → Always send a final demand by personal service + registered mail.
Relying on illegal recordings. → Use lawful evidence: messages, witnesses, barangay records, CCTV (no wiretapping).
Skipping barangay conciliation where required. → Obtain the Certificate to File Action to avoid dismissal.
Confusing possession with ownership. → Ejectment tests possession; ownership is evidentiary only. For title disputes, use RTC remedies.

Practical Pack: What to Prepare

Ownership/Heirship: TCT/Tax Dec, deeds, estate papers, IDs.
Possession Proof: Photos, neighbors’ affidavits, receipts of improvements, tax receipts.
Demand & Barangay: Final demand letter, proof of service, barangay blotter/conciliation minutes.
Threats Evidence: Screenshots (with metadata), witnesses, barangay records, police blotter, medical/legal docs.
Draft Pleadings:
- Complaint for Unlawful Detainer/Forcible Entry (MTC).
- Complaint for Partition/Accounting (RTC), if applicable.
- Criminal Complaint-Affidavit for Grave Threats (Prosecutor).

Short Action Plan (Step-by-Step)

Audit the property status: sole owner vs. undivided estate/co-ownership.
If undivided: initiate extrajudicial or judicial settlement; then partition.
If you have the better right to possess now: issue Final Demand to vacate/pay.
Go to Barangay (if required) → secure Certificate to File Action.
File Ejectment in MTC (or RTC action if 1-year elapsed or you’re asserting ownership/partition).
Document threats; file Grave Threats complaint with Prosecutor; coordinate with police.
Consider TRO/Injunction in civil case if harassment continues.
Keep everything in writing; avoid confrontations; prepare witnesses.

When to Get a Lawyer Immediately

There are minors, representatives of the estate, or multiple titles involved.
You need partition or estate proceedings.
The threats are serious/specific (e.g., “I will kill/burn/maim”), involve weapons, or escalate.
There are buildings/structures being erected or demolished (injunctive relief time-sensitive).
You received court papers or subpoenas.

Final Word

In sibling land disputes, the winning approach is documented, de-escalated, and dual-track: (1) regularize possession/ownership via the right civil action, and (2) hold the line on safety by pursuing grave threats charges with proper, lawful evidence. Work the timelines, keep records clean, and lean on barangay, police, and counsel to keep things orderly and safe.