Civil Chamber of the SCJ establishes criteria on the evaluation of evidence in a debt collection lawsuit 

The First Chamber of the Supreme Court of Justice (SCJ), in a case involving a claim for payment in pesos, held that it is imperative to evaluate the body of evidence presented at trial as a whole in a balanced manner when the parties objecting to such evidence have raised diverse arguments. 

In Judgment No. SCJ-PS-23-0491 of March 29, 2023, the court heard a claim for payment in which it held that, although the claim arises from an invoice, it is no less true that the invoice itself stems from a contract—an agreement having the force of law between the parties—thereby applying the principle of performance in good faith, which requires an assessment of aspects related to the parties’ conduct, pursuant to Article 1134 of the Civil Code. 

“In short, although the initial quote did not specify the currency, the parties clearly agreed on the terms of the transaction before the final invoice was issued, with the same description and amount as the initial quote,” the ruling states. 

In this regard, the aforementioned Chamber overturned Civil Judgment No. 026-02-2022-SCIV-00093, rendered by the First Chamber of the Civil and Commercial Division of the Court of Appeals of the National District, and remanded the case to the Second Chamber of the Civil and Commercial Division of the Court of Appeals of that jurisdiction. 

The ruling was signed by Judges Pilar Jiménez Ortiz, president of the aforementioned chamber; Justiniano Montero Montero; Samuel Arias Arzeno; Vanessa Acosta Peralta; and Napoleón Estévez Lavandier. 

To read the full ruling, click the following link: https://poderjudicial.gob.do/wp-content/uploads/2023/05/SCJ-PS-23-0491.pdf 

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