Notes

3. As stated in Article 1264, The court shall determine whether, under the circumstances, the partial loss of the object of the obligation is so important as to extinguish the obligation. There some cases when the partial loss is when only the portion of the things is lost or destroyed or when it suffers depreciation.

For example, Kyle obliged himself to deliver his expensive one of a kind ballpen to Julinn. However, the body of the ballpen is lost. The partial loss is considered significant and the remaining portion immaterial because it is useless alone. The partial loss of the body of the ballpen may be considered as Total loss.

The effect of partial loss of a specific thing is that when there is partial loss when only a portion of the thing is lost or destroyed or when it suffer depreciation or deterioration. Partial loss is the equivalent of difficulty of performance in obligations to do (Art 1267).

4. Yes, according to Art. 1265, if the object is lost in the debtor's possession, it is considered that the loss was caused by X's fault unless proof to the contrary is shown. As a result, unless he can prove otherwise, X is still liable to Y. This presumption does not apply in case of earthquake, Flood, storm or other natural calamity but in this case even though Y were not able to show proof that X was negligent, it was presumed that it was X's Fault. Since it was in his possession when the specific carabao died, unless he proves the contrary to the presumption of Y.