The Fourth Section of the Provincial Court of Las Palmas has established that appellate courts may fully review the assessment of evidence presented during trials, thereby consolidating the right to an effective second judicial review.
In a recent ruling (No. 453/2025, dated June 25, 2025, appeal No. 583/2024), the Fourth Section of the Provincial Court of Las Palmas clarified the scope of civil appeals. According to the decision, the appellate court should not limit itself to correcting manifest errors or illogical assessments made by the lower court judge; instead, it may fully review the evaluation of the evidence produced and reach its own conclusions regarding the facts.
This pronouncement reinforces the principle that the second instance constitutes a true review of the initial ruling, guaranteeing the principle of effective judicial protection and the citizens' right to a double assessment of their case. The resolution is supported by Supreme Court doctrine (STS of December 4, 2015, appeal 1468/2012), which had already pointed out the comprehensive nature of the judgment in the second instance.
Until now, the Provincial Court of Las Palmas maintained a more restrictive stance, according to which the lower court's criteria should prevail unless it was proven that its assessment was illogical, arbitrary, or absurd. With this new resolution, the Canarian court moves towards a more guarantee-based model, where the appellate court assumes an active role in reviewing the case and evaluating the evidence.
This change in criteria marks an important precedent in the interpretation of procedural law in the Canary Islands and could have a significant impact on future appeals filed before the Provincial Court.
