Lozano asks DOJ to upgrade criminal raps vs Dominguez syndicate

Lawyer Oliver Lozano has asked the Department of Justice to revise the charges of car theft with homicide to be filed against leaders and members of the so-called Dominguez car theft syndicate, who allegedly killed his son Emerson last January. Brothers Roger and Raymond Dominguez and four of their supposed henchmen should instead face the more serious offenses of car theft with murder, Lozano said in a three-page motion for reconsideration. "The ruthless killing must not be callously downgraded to homicide vis-a-vis the heavily grieving complainants and arrogantly gloating respondents in order to avoid the ignominious perception that there is dough in downgrading." "Homicide is lesser than murder. That is elementary. Downgrading [car theft] with murder to [car theft] with homicide abets the former," he added. A three-member panel of DOJ prosecutors recently released a resolution finding probable cause to file car theft with homicide charges against members of the syndicate, even as the Lozanos filed car theft with murder charges against them. The DOJ panel, however, ruled out murder because “nothing on record would show how Emerson and Ernanie were actually killed." (See: DOJ: Enough groung to link Dominguez brothers to Lozano killing ) The element of treachery was not present, the panel said. The charred bodies of Lozano and Sencil Emerson Lozano and driver Ernani 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. In his appeal, the elder Lozano said the Dominguez brothers and their four co-accused committed murder when they "outraged and scoffed" at Emerson's body "by unnecessarily burning" it. In a separate strongly-worded "petition amplifying his motion," Lozano also described the findings of the DOJ panel as "illegal, unjust and despotic." The panel members are Assistant State Prosecutors Amor Robles, Eden Wakay-Valdez and Bernardo Fernandez. Lozano described them as ""wolves feasting on dead fish." "You were allegedly bribed" His family believes that money may have changed hands to downgrade the charges, Lozano added. "We believe that you were allegedly bribed for P50 million to unduly delay the resolution, downgrade [the case] and recommend San Fernando, Pampanga as venue [of the trial]," Lozano told the DOJ panel in his separate petition. "Your malicious and malevolent malfeasance is outrageous and odious. You appear as lambs, but you are betrayed by your profitable resolution," he stressed. As of this posting, GMA News Onine is still trying to reach members of the DOJ panel for comment. — VS, GMA News