DOJ junks Lozano appeal in son's slay case

MANILA, Philippines - The Department of Justice (DOJ) has junked an appeal by lawyer Oliver Lozano on its recent resolution that supposedly “downgraded” the charges filed against alleged carjacking ring leaders Raymond and Roger Dominguez in connection with the killing of Lozano’s son, Emerson, and driver Ernani Sencil last January.

In a seven-page resolution released Thursday, state prosecutors junked the motion for reconsideration filed by the elder Lozano and stood by their earlier decision to file charges of car theft with homicide with the San Fernando City trial court in Pampanga instead of car theft with murder.

They stressed that the crime committed was a complex crime punishable under Republic Act 6539 (Anti-Carnapping Act), which cites “killing” as a consequence of the carjacking and “does not distinguish between homicide and murder.

“It follows that the killing of the driver (or owner or occupant) - whether it be homicide or murder - cannot be treated as a separate offense, but should only be considered to qualify the crime of carnapping,” explained the DOJ panel composed of Assistant State Prosecutors Amor Robles, Eden Valdez and Bernardo Fernandez.

The fiscals stressed that in this case, homicide and murder “are one and the same, and their difference, if there be any, lies only in the nomenclature.” No bail was recommended for the accused.

They said there was “no downgrading” of the complaint filed by Lozano. Still, the DOJ panel opted to revise the charge filed against respondents from “carnapping with homicide” to “qualified carnapping under Section 2 in relation to Section 14 of RA 6539 (or resulting in killing)” to end the controversy on the offense charged in court.

The DOJ panel also justified why they decided to file the case in a San Fernando City court and not in Quezon City, where the Kia Carnival was snatched and the victims were killed last January.

They cited the account of witness Alfred Mendiola, who claimed that the stolen vehicle was brought to San Fernando, Pampanga and burned in Dinalupihan, Bataan.

The investigating fiscals cried foul over allegations that they received bribes to “downgrade” the charges against the Dominguez brothers.

DOJ Secretary Leila de Lima dared Lozano to submit proof on his allegation of bribery against the fiscals, but the latter failed to do so.

Prosecutor General Claro Arellano approved the new resolution.