Lozano set to appeal DOJ ruling

Lawyer Oliver Lozano wants murder charges, not just car theft with homicide, to be filed against the Dominguez brothers in connection with his son’s death.

Lozano issued the statement after the Department of Justice approved the carjacking with homicide raps against Roger and Raymond Dominguez for the death of Emerson Lozano.

The elder Lozano argued that under the law, “if the killing is with cruelty, outraging or scoffing at the corpse (it) is murder.”

“Murder should (not) be downgraded to homicide to avoid the perception that there is dough in downgrading,” he said, adding he will file a motion for reconsideration before the DOJ.

Lozano and the Criminal Investigation and Detection Group originally filed a complaint of car theft with murder but the DOJ resolution approved only a case of car theft with homicide.

The DOJ said there was no circumstance established to qualify the killing as murder.

The younger Lozano, a used-car dealer, and his companion Ernane Sensil, were abducted and killed in January this year while their Kia Carnival was stolen by a poseur buyer.

In a resolution, the DOJ also indicted Jayson Miranda, Rolando Talban, Napoleon Salamat and a certain alias Marlon, based on the testimony of Alfred Mendiola, who is being eyed as a state witness.

The Dominguezes, Miranda, Talban and Mendiola are facing car theft with homicide charges before a Quezon City court for the death of Venson Evangelista, who was abducted a day after Emerson was reported missing.