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Article 1265:

Whenever the thing is lost in the possession of the debtor, it shall be presumed that the
loss was due to his fault, unless there is proof to the contrary, and without prejudice to
the provisions of Article 1165. This presumption does not apply in case of earthquake,
flood, storm, or other natural calamity.

Explanation:

It happens when things is lost in the possession of the debtor or in the hands of the
debtor, the debtor is presumed to be at fault; However, it is only a presumption,

Presumption- means the debtor can overcome presumption by providing proof to the
contrary.

Example:

Jeff borrowed the car to Joy. On the due date of the obligation, Jeff told Joy that the car
was stolen and that he was not at fault. That is not enough to extinguish Jeff’s
obligation. It is presumed that the loss was due to his fault; hence, he is liable unless he
proves the contrary.

Suppose the house of Jeff was destroyed because of fire. It is admitted that there was a
fire and it was accidental and that car was in the house at the time it occurred. Here,
Jeff is not liable unless Joy proves fault on the part of Jeff. (Arts. 1174, 1262.)

 Obligation is not extinguished just by saying that you are not at fault, presumption
can be execute by proving that you are not liable, if you are Jeff.
 Presumption is not applicable in natural calamity, however, Joy can be proved
Jeff is still liable but, debtor is not presumed at fault.

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