By sentence no. 3591/2021 dated 12/14/2021, the 1st., Chamber of the Supreme Court of Justice, reiterated that:
“In the development of its only means of cassation, the appellant alleges, in essence, that the court a qua imposed an amount that does not correspond to the magnitude of the facts and did not value in its fair dimension the damage caused, for which reason said amount was unreasonable.
In the opinion of this First Chamber, it does not correspond to this Supreme Court of Justice, acting as a Court of Cassation, to evaluate the reasonableness of the amounts fixed by the judges of the merits. This being so, since the assessment of what amount is reasonable to compensate the damage that has been caused to a party is a matter of substance that can only be evaluated by the judges in charge of the specific case on the occasion of the lawsuit or the corresponding appeal. This, especially, under the understanding that the quantification of damages and the assessment of a reasonable or proportional amount necessarily implies the evaluation of the facts of the case, which in accordance with Article 1 of Law No. 3726-53 is extracted from the knowledge of this Court of Cassation, text according to which: The Supreme Court of Justice decides as Court of Cassation whether the Law has been well or badly applied in the judgments in the last or only instance pronounced by the courts of the judicial order.
This being so, the means being analyzed – the only one presented by the appellant – must be dismissed as inadmissible and, in this sense, the cassation that appeals to us must be rejected”.