DOJ: Enough ground to link Dominguez brothers to Lozano killing

The Department of Justice (DOJ) has established the existence of probable cause to file criminal cases against Roger and Raymond Dominguez and members of their alleged carjacking syndicate implicated in the killing of car seller Emerson Lozano and his driver Ernanie Sencil. In a 17-page resolution furnished to media on Thursday, the DOJ recommended the filing of car theft with homicide cases against the Dominguez brothers and their four alleged henchmen, namely Jayson Miranda alias Jayson, Rolando Talban alias Eduardo Fernandez, “Rolly" Napoleon Salamat, and a certain alias Marlon. The DOJ was acting on the complaint filed by Lozano’s family, who said the Dominguez car theft syndicate should be held on trial for the much serious charge of car theft with murder. Lozano was the son of Marcos lawyer Oliver Lozano. However, the DOJ said that the offense committed was only car theft with homicide because “nothing on record would show how Emerson and Ernanie were actually killed." “After a thorough and careful assessment of all the evidence presented, we are convinced that there exists sufficient ground to engender a well-funded belief that a crime of carnapping with multiple homicide has been committed," said the DOJ. Lozano and Sencil were last seen alive last January 12 while meeting a prospective buyer of a Kia Carnival van in Quezon City. Sencil’s charred body was found the next day in Tarlac province while Lozano’s was found two days later in Pampanga. The Kia Carnival was later found burnt in Dinalupihan, Bataan. Mendiola’s testimony In their resolution, the prosecutors gave weight to the testimony of Alfred Mendiola, who confessed to being part of the Dominguezes’ car theft ring. The panel acknowledged that there is no direct proof to establish that members of the Dominguez group actually stole Lozano’s vehicle, killed him and Sencil, and the burned their vehicle. The DOJ, however, said that there is direct proof that the respondents were in possession of Lozano’s Kia Carnival. “It cannot be overemphasized that Alfred has personal knowledge over the burning of Emerson’s Kia Carnival in Dinalupihan, Bataan and the reason why the vehicle had to be burned, that is, Raymond’s fingerprints were all over the vehicle," said the resolution. The DOJ said Mendiola was present when the group met at Carworld in San Fernando, Pampanga, before heading to Dinalupihan, Bataan to burn the vehicle. The panel added that Mendiola saw Miranda open the car hood, trunks, and doors while Roger and Marlon poured gasoline on the vehicle. Afterward, Miranda hurled a burning cloth at the vehicle, which exploded. The DOJ noted that witness PO1 Sherwin Bedana corroborated this testimony by saying that he saw the group’s white Mitsubishi Adventure with a red plate when the burning of the vehicle was being prepared and carried out. “Stolen effects" Citing a Supreme Court jurisprudence in the People of the Philippines versus Rosauro Sia case in 2001, the DOJ said that it is well-settled that when a person is found to be in possession of a missing token in the doing of a recent wrongful act, he is presumed to be the taker and doer of the whole act. “In the absence of an explanation of how one has come into the possession of stolen effects belonging to person wounded and treacherously killed, he must necessarily be considered the author of the aggression and death of the said person and of the robbery committed on him," said the DOJ. The prosecutors also said that there exists “relevant evidence" that the Dominguez brothers were involved in the car theft trade “which, in this case, appears to be their motive in dealing with Emerson." The DOJ said Mendiola has himself admitted that he was involved in a series of car theft incidents orchestrated by the Dominguez brothers and that his role was to pretend as a buyer. “Secondly, the search conducted in the apartment rented by the brothers Roger and Raymond yielded vehicle plate numbers in shocking quantity, registration papers, short firearms, among other items of suspicious character, unusually and unlikely to be in possession of a merchant simply engaged in a legitimated trade," it said. The DOJ then concluded that Mendiola’s testimony has more gravity than the Dominguezes’ denials. “Respondents’ simple denial cannot stand in light of their positive identification by Alfred and the strong and unrebutted evidence pointing to their complicity in the crime charged," it said. - KBK, GMA News