Short answer. Generally yes. Article 765 of the Civil Code lets a donor revoke a donation for ingratitude when the donee imputes to the donor a criminal offense, even if the donee proves it. The one exception is if the crime was actually committed against the donee himself, his wife, or children under his authority.

What the law says

The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases

Civil Code, Article 765 — Revocation For Ingratitude. Read the full provision →

What the law says

If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority

Civil Code, Article 765 — Revocation For Ingratitude. Read the full provision →

Revocation for ingratitude, and where this ground fits

Article 765 allows revocation on grounds of ingratitude: The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases. The article then lists three specific cases. The one that covers your situation is the second, dealing with a donee who publicly accuses the donor of a crime — which is exactly what you describe happening to you.

Truth of the accusation is not a defense

Article 765 states this ground in a way that directly answers your question: If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority. The phrase even though he should prove it means the donee cannot defeat your revocation simply by showing the accusation was accurate.

The one situation where this ground does not apply

The same sentence carves out an exception: it does not apply if the crime or act imputed was actually committed against the donee himself, or the donee's wife or children under his authority. In that specific situation, the donee accusing you is treated differently, because the accusation concerns a wrong done directly to the donee's own family rather than an unrelated matter.

Two other grounds exist alongside this one

Article 765 also allows revocation if the donee committed an offense against the person, honor, or property of the donor or the donor's wife or children, or if the donee unduly refuses support the donee is legally or morally bound to give the donor. Your situation falls under the crime-imputation ground specifically, but it is worth knowing the other two exist as separate, independent bases for revocation.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.