Arellano University School of Law
Advanced Legal Writing (Monday, 2:00-5:00PM)
Submitted by: Abao, Gennelyn
Alaras, Marichie
Recilla, Ma. Lourdes
Submitted to: Atty. Turingan
TOPIC OUTLINE; Warrior Genes: Behavioral Genetics in Criminal Cases
I. Background of the Study
A. The basis of mitigating circumstances in criminal law is the diminution of either
freedom of action, intelligence, or intent, or on the lesser perversity of the offender. (The
Revised Penal Code, Luis Reyes, Book 1, p.250)
B. Article 13, paragraph 10 of the Revised Penal Code allows any other
circumstances of a similar nature and analogous to those [above-mentioned] mitigating
circumstances.
C. Warrior -gene has been discovered in 1993 and has been associated in cases of
violence.
D. Warrior gene was first introduced in Court in 1995 and appreciated to mitigate the
sentence imposed.
II. Thesis Statement
This study aims to answer the question of how the warrior gene affect the behavior of
man and the possibility of appreciating it as a mitigating circumstance in criminal cases
in the Philippines.
If indeed this gene diminishes human intelligence, it may fall under and be
appreciated as a similar and analogous mitigating circumstance.
MAJOR POINTS
I. Behavioral Genetics on Criminal Law and how it produces the so called "warrior
genes"
II. Effects of the warrior genes and how it contributes to the commission of the crimes by
individuals
III. Conditions where the warrior gene is applied as a mitigating circumstance in other
jurisdictions
IV. Possibility of application in our judicial system
MINOR POINTS
I. Jurisdiction in other countries relating to warrior genes
II. Scientific and legal approach
III. Documentaries and research papers
CONCLUSION
Warrior genes are comprised of particular variations in the X chromosome gene
that produces monoamine oxidase A (MAOA), which is an enzyme that affects the
neurotransmitter dopamine, norepinephrine and serotonin. In the past researches, it
has been found that there's a relationship between specific environmental factors and
genes linked to aggressive violence including MAOA. It was found that there's a strong
connection on the childhood of the person and his violent behavior in adulthood.
People who were exposed to abuse in the early stages of their life have a significantly
higher level of violent behavior in their adulthood.
In other jurisdiction, intoxication is one of the outside factors that is being
considered which affects human behavior. According to a study, intoxicants interact with
MAOA to affect brains neurotransmitters and produce impulse aggression which is the
most common root of crimes.
In the Philippines, intoxication may be considered either aggravating or
mitigating, in the commission of a crime, depending on the attending circumstances. It
has the effect of decreasing the penalty it is not habitual or subsequent to the plan to
commit the crime. On the other hand, it is considered aggravating circumstance, if it is
habitual or intentional.
Considering the same effects of intoxication, which is an effect of a warrior gene,
in different jurisdictions, it may be concluded that, warrior gene indeed affects the
behavior of man and diminishes human intelligence. Therefore it may be appreciated as
mitigating circumstance in the Philippines.
