Matthews, C, Piñeiro

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University of Miami School of Law

University of Miami Law SchoolInstitutional RepositoryUniversity of Miami Inter-American Law Review10-1-1974Civil Law Lexicon: SentenciasC, Piñeiro MatthewsFollow this and additional works at: http://repository.law.miami.edu/umialrThis Special Feature is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of MiamiInter-American Law Review by an authorized administrator of Institutional Repository. For more information, please contact library@law.miami.edu.Recommended CitationC, Piñeiro Matthews, Civil Law Lexicon: Sentencias, 6 U. Miami Inter-Am. L. Rev. 920 (1974)Available at: http://repository.law.miami.edu/umialr/vol6/iss3/14CIVIL LAW LEXICON: SENTENCIASC. PINEIRO MATTHEWS-The term sentencia is a basic term in the civil law system, and there-fore well understood to a person trained in that system. This is not neces-sarily true for the common law lawyer. Initially, the latter must resist theinclination to translate the term into sentence, i.e. the order of a commonlaw criminal court imposing punishment on a convicted person. Addi-tionally, the term, although semantically basic, is structurally complexbecause of its many derivatives and their respective meanings. Lastly, thecommon law lawyer must face a problem not peculiar to the legal profes-sion, that is, the precise meaning of a term, in our case sentencia, in thedifferent jurisdictions which comprise the Latin American legal mosaic. Inthis connection it is well to bear in mind a difference between the Spanishand English languages. The former has a predilection to modify the nounwith a series of terms to give meaning to the precise thing being identi-fied; the latter normally defines through the use of a specific noun.This brief study on the subject of sentencias proposes to give thecommon law jurist a better understanding of a term frequently arising inthe civil law legal process. Its importance to the practitioner in the LatinAmerican legal area depends, of course, on the nature and the extent ofthe practice of the attorney in question. Understanding of the term, how-ever, is basic to anyone even peripherally interested in the civil lawsystem. The caveat is again raised, however, that for the exact meaningof any term used herein, reference must be made to the legal language ofthe country in question.Generally, the Spanish word sentencia may be equated to the judg-ment of a common law court. Thus, it is the decision of the judge on thelegal controversy submitted to him for adjudication. On the criminal sideit is a sentencia en lo criminal; on the civil side, a sentencia en lo civil.If the sentencia does not adjudicate the ultimate rights of the parties,but rather determines some preliminary or subordinate question it is a*J.D. Candidate, University of Miami School of Law.CIVIL LAW LEXICON: SENTENCIASsenencia interlocutoria, or interlocutory judgment. But if it is a judgmenton the merits, terminating the suit in favor of one party or the other, itis called a sentencia dejinitiva.If the judgment is from the first, or primary level of courts it is calleda sentencia de primera instancia, and if it comes from the second level,whose courts also have the power to find and review facts, it is called asentencia de segunda instancia. If the decision is on the merits the properterm would be sentencia dejinitiva de primera instancia, or sentenciadefinitiva de segunda instancia, depending on the level of the court. If noappeal is taken the judgment of the trial court may be called a sentenciadefinitiva de nica instancia.When dealing with a sentencia de prirnera instancia it is well to bearin mind that at common law in the United States the trial includes a finaldetermination of facts, either by a judge or jury, and an appeal on the lawto an intermediate appellate court. There may be a second appeal, alsoon the law, to a supreme court of the jurisdiction, either state or federal.In the civil law system, however, facts are reviewable at the first appellatelevel, but normally not so at the next level (Supreme Court or Court ofCassation) where the Court is usually restricted to deciding whether theruling of the court a quo has violated or misinterpreted the law. Thus, anattorney advising his client on the status of Latin American litigationshould be aware that the final judgment of the trial court does not per-manently find the facts of the case. If his Latin American correspondentreports a sentencia de primera instancia, which can literally be translatedas a judgment of a trial court, then factual matters can still be challengedby any party on first appeal, unless the former judgment is also a sentenciadefinitiva de inica instauncia.The sentencia absolutoria rejects the claim or claims of the movantin a civil case, or the charge of the State in a criminal case. It is basedon failure of proof or insufficiency of the legal arguments presented. Thesentencia condenatoria, on the other hand, accepts, wholly or in part, theclaim(s) of the movant or the criminal charge(s) of the State. Civilly itconfirms the claim(s) raised in the litigation; on the criminal side thecharges of the State, and leads to the imposition of sanctions prescribedby the law.A sentencia declaratoria, like the common law declaratory judgment,simply declares the rights of the parties or expresses the opinion of theCourt on a question of law, without ordering any specific action.LAWYER OF THE AMERICASThe last term directly connected with a sentencia to be considered issentencia firme or sentencia ejecutoriada. Sentencias, depending on theirnature, are subject to aclaraci6n (clarification), reposici6n (rehearing),apelaciin (appeal), or casaci6n (quashing of the judgment). Only whenthese possibilities are extinguished can a sentencia firme issue. The latteris an irrevocable judgment no longer open to attack at any level of courts;it is then cosa juzgada (res judicata). When this point is reached theattorney can advise his client to enjoy, or endure the ultimate result of thelitigation in a civil law jurisdiction.The following terms relating to the judicial process, but distinguish-able from the sentencia also 'bear mention. Providencia is a judicialdecision referring to procedural matters whereas an auto is a decree of atribunal in regard to some question of fact, evidence, or jurisdiction. Anatto is, in other words, any judicial decision which is neither a finaldecision (sentencia) nor one referring to a procedural matter (providen-cia). An auto acordado is a decision en banc, but in some jurisdictions itis a judicial ruling ordering compliance with an agreement previouslyreached.The form or structure of civil and criminal sentencias will be con-sidered next. The form of a civil judgment is normally prescribed in theCode of Civil Procedure which almost invariably states that a sentenciamust be reduced to writing, dated and signed by a judge or the judgescomprising the tribunal.As a rule, the first part contains the date, the name of the tribunal,the names, domicile and profession of the parties, the names of the attor-neys, and the object of the litigation. The second part, the resultandos,covers the hechos, that is the facts. The considerandos constitutes the thirdpart and here the Court gives the legal grounds on which the judgment isbased, including the evidence presented, the applicable law, citations, andthe application of the law to the facts. The last part of the document con-tains the parte resolutoria: a clear positive, and precise judicial pronounce-ment, declaring the rights of the parties, and either imposing or absolvingone from the liability alleged. Damages and costs are also included inthis part.On the criminal side the Code of Criminal Procedure normally de-termines the form of the sentencia and, in general, it can be said that thesame matters covered in the civil judgment, modified, of course, by thedifference in the two procedures, are covered in the sentencia criminal.CIVIL LAW LExICON: SENTENCIAS 923Generally speaking, then, the structure of the sentencia in criminal,civil, and administrative areas is basically the same, and consists of fourparts: (1) the encabezamiento, stating the date, identification of thetribunal, parties and attorneys, and cause of action; (2) the resultandosor judamentos de hecho, i.e., a statement of the facts; (3) the consideran.dos or jundamentos de derecho which set forth the legal grounds on whichthe judgment is based; and (4) the Ja/o or resolutoria in which the judgerenders his decision.The above, in general, covers the sentencia of the civil law. Subject tolocal variations it gives the common law lawyer fundamental notions tobetter understand the judgment of a civil law court.

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