Question

Distinguished ordinary from privileged mitigating circumstances.​

Answer 1

Answer:

The distinction between ordinary and privilege mitigating circumstances are: (a) Under the rules for application of divisible penalties (Article 64 of the Revised Penal Code), the presence of a mitigating circumstance, has the effect of applying the divisible penalty in its minimum period. Under the rules on graduation of penalty (Articles 68 and 69), the presence of privileged mitigating circumstance has the effect of reducing the penalty one or two degrees lower. (b) Ordinary mitigating circumstances can be off-set by the aggravating circumstances. Privileged mitigating circumstances are not subject to the off-set rule