MANILA, Philippines - The Department of Justice (DOJ) has approved the indictment of alleged carjacking ringleaders Raymond and Roger Dominguez in connection with the killing of Emerson Lozano and his driver, Ernanie Sencil, last January.
In a 17-page resolution released yesterday, prosecutors found probable cause in filing charges of car theft with homicide against the brothers and other respondents, Jayson Miranda, Roland Talban, Napoleon Salamat and a certain alias Marlon.
However, the charge was an apparent downgrade from the complaint for carnapping with murder filed by the Criminal Investigation and Detection Group of the Philippine National Police (PNP) and the victim’s father, lawyer Oliver Lozano.
“The more appropriate charge should be carnapping with homicide, not murder. Nothing on record would show Emerson and Ernanie were killed. Neither is any circumstance established that would qualify the killing to murder,” explained the DOJ panel composed of Assistant State Prosecutors Amor Robles, Eden Valdez and Bernardo Fernandez.
“Where treachery is not adequately proved, the appellant can only be convicted of homicide,” they added.
The fiscals said there exists “direct proof showing that respondents came to be in possession of Emerson’s Kia Carnival.” They also cited witness Alfred Mendiola’s personal knowledge of the burning of the vehicle, where Raymond’s fingerprints could have been found.
The group of the Dominguez brothers allegedly stole Lozano’s Kia Carnival on Jan. 12, killing Lozano and Sencil in the process.
Records show that Emerson left his house in Tiboli Green Subdivision in Quezon City at around 7:30 p.m. in the vehicle along with Sencil to meet a supposed buyer at a gasoline station along Commonwealth Avenue in Quezon City.
The two failed to return. Their burnt remains were found separately in La Paz, Tarlac and Porac, Pampanga a few days later. The burned vehicle was recovered on Jan. 19. A day later, Mendiola surrendered to the PNP’s Highway Patrol Group office in Camp Olivas in San Fernando, Pampanga.
Mendiola claimed he was recruited by Roger to pose as a buyer of cars that their group would take from its owner.
On the pretext of a test drive, the group took Emerson’s car and killed him and Sencil. The next day, the Dominguez brothers allegedly proceeded to transact with car dealer Venson Evangelista, the owner of a Toyota Land Cruiser, whom they also allegedly killed and burned after taking his vehicle.