DoJ recommends car theft with homicide case vs Dominguez brothers et al.

Raymond Dominguez

MANILA, Philippines – The Department of Justice has recommended the filing of a criminal case against brothers Raymond and Roger Dominguez, the suspected leaders of a car theft syndicate, and four of their alleged henchmen over the gruesome murder of two car dealers.

However, the three-member panel of prosecutors only approved the filing of a case for car theft with homicide instead of the more serious charge of car theft with murder as petitioned by lawyer Oliver Lozano, father of Emerson Lozano, and his family since “nothing on record would show how (the victims) 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,” the prosecutors said in a 17-page resolution.

“Wherefore, premises considered, the undersigned panel of prosecutors respectfully recommend… that the attached criminal information for carnapping with homicide be filed in court against all the respondents,” they added.

The order was issued on July 7, but was released to the media only Thursday by the office of Prosecutor General Claro Arellano.

Aside from the Dominguez brothers, also charged for the January 12 twin murders of Lozano and his driver Ernanie Sencil were Jayson Miranda, Rolando Talban, Napoleon Salamat and a certain Marlon.

In issuing the resolution, the DoJ panel – composed of Assistant State Prosecutors Amor Robles, Eden Wakay-Valdez and Bernardo Fernandez- relied heavily on the testimony of Alfred Mendiola, a self-confessed gang member who owned up participation in the carrying out the crime.

Mendiola had admitted that he was the man initially identified by the police as “Bading” who contacted Lozano to purchase the victim’s Kia Carnival van.

Mendiola, who had turned state witnesses against his former bosses, also pointed to the Dominguez brothers as the ones who ordered the burning of the van in Dinalupihan, Bataan.

The prosecutors said several physical evidence gathered by police investigators from the areas where the bodies of Lozano and Sencil were separately recovered, supported Mendiola’s allegations that the accused were behind the killings.

In addition, they said other material evidence, such as the handguns, various vehicle registration documents and Sencil’s memory card, seized from rented apartment of the Dominguezes in Greenville Subdivision, Barangay (village) San Jose, San Fernando City proved that the brothers “had a hand” in the killing.

“Moreover, there exist other relevant evidence from which to build and develop a theory that brothers Roger and Raymond and their cohorts were into the nefarious trade of carnapping,” the state prosecutors said.

Although there was no direct proof of who “actually killed” the victims, the DoJ prosecutors said “there exists direct proof showing that respondents came to be in possession” of Lozano’s missing vehicle.

“It is a well-settled rule that when a person is found in possession of a thing taken in the doing of a recent wrongful act, he is presumed to be the taker and doer of the whole act,” the prosecutors pointed out.