Ordinary vs Privileged Mitigating Circumstances

ConditionOrdinary MitigatingPrivileged Mitigating
1.) Offset by Aggravating CircumstancesSusceptibleCannot be
2.) Effect to penaltyApplies the minimum penalty in the period (does not go down to another period)Lowers the penalty by one or two degrees (may go down to another period)
3.) Both: Reduces penalty but do not change the nature of the crimeYesYes
4.) ApplicabilityGenerally applies to any crimeOnly to particular crimes
Page 259-261, LB Reyes

Examples of Privileged Mitigating Circumstances:
1. Offender is below 18 years old
2. Crime is not wholly excusable

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by Bryan Villarosa

by Bryan Villarosa

Bacolod City-based Marketing Services Provider | Licensed Financial Advisor

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