In his three-page motion for reconsideration, Lozano also accused the members of the panel—Assistant State Prosecutors Amor Robles, Eden Wakay-Valdez and Bernardo Fernandez—of receiving P50-million bribe money to file a lesser offense against the accused.
“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 said, but failed to cite the basis of his accusations against the prosecutors.
Lozano branded the resolution issued on July 7 as “illegal, unjust and despotic,” and that his family believed that the resolution “was purchased.”
“The ruthless killing must not be callously downgraded to homicide vis-á-vis the heavily grieving complainants and arrogantly gloating respondents in order to avoid the ignominious perception that there is dough in downgrading,” Lozano said.
He insisted that the Dominguez brothers and their co-accused clearly committed murder when they killed and burned the body of his son, Emerson, a car dealer, and his driver Ernanie Sencil.
Besides the Dominguez brothers, the DOJ panel also found probable cause to indict for carjacking with homicide other respondents, including Jayson Miranda, alias Soy; Rolando Talban, alias Eduardo Fernandez/Rolly; Napoleon Salamat, alias Pong; and a certain alias Marlon.
The panel said carjacking with homicide, not murder, should be filed against the respondents considering the lack of information that would show how the younger Lozano and Sencil were killed.
Based on police investigation, Lozano left his residence in Tiboli Green Subdivision in Quezon City with his driver at about 7:30 p.m. on January 12 to meet a supposed buyer at a Shell gasoline station on Commonwealth Avenue in Quezon City.
However, the two failed to return. Their burnt remains were found separately in La Paz, Tarlac, and Porac, Pampanga, several days later. Their burned vehicle was recovered in the morning of January 19.
Several days after, a certain Alfred Mendiola surfaced and pointed to the Dominguez brothers responsible for the killing of Lozano and Sencil. Mendiola admitted being part of the Dominguez’s carjacking operations.
The Dominguez brothers denied any knowledge in the killing of Lozano and his driver, and branded Mendiola’s statements as “unbelievable and ridiculous.”
