WPP director Cielitolindo Luyun pointed out that the law creating the witness program primarily excludes law enforcers on the presumption that they can protect themselves.
"In such a case, only the immediate members of his family may avail themselves of the protection provided under this (Republic Act 6981)," Luyun said.
Palmares’ counsel, Persida Ruedo-Acosta, Public Attorney’s Office (PAO) chief, said Palmares should be given protection since he could uncover those behind the escape.
"I think he (Palmares) could unravel what had happened during the time because he was one of the jail guards and among the officers present at that time," Acosta said.
"I’m optimistic that this police officer is credible. Because he could relate to me last Tuesday, then Wednesday, yesterday, the same story. In fact, in the translation (of his narration) to English, he’s the one correcting, ‘Attorney, your translation is incorrect’," she said.
Acosta said threats forced Palmares to submit a sworn statement to the fact-finding commission investigating the jailbreak.
President Arroyo created a three-man committee, led by former justice secretary Sedfrey Ordoñez, to take over the police investigation and submit their findings and recommendations within 30 days.
On the issue of placing Palmares under the witness protection program, Luyun said the application will be evaluated with the result coming out in a week’s time.
Luyun said it was different in the case of Senior Police Officer 2 Eduardo de los Reyes, one of the witnesses in the controversial Kuratong Baleleng rubout case.
He said De los Reyes himself was not placed under the program but his family members.
"They are usually placed under protective custody of other agencies. Like Palmares, who is now at the NBI (National Bureau of Investigation), so automatically he is given protection. Only his family members will be extended the rights and benefits under the WPP," he said.
Palmares was among the police officers charged by the Criminal Investigation and Detection Group (CIDG) for negligence in the escape of Al-Ghozi and the two suspected Abu Sayyaf bandits.
"He (Palmares) told me he wants to correct wrong doings in the system," Acosta said, describing Palmares, a recent graduate of a police training course, as "very idealistic."
Palmares was barely two weeks in his assignment to guard one of Southeast Asia’s top terrorists at the PNP-Intelligence Group headquarters in Camp Crame when the escape occurred.
Reportedly under threat, Palmares sought custody of the National Bureau of Investigation while his father sought the assistance of PAO lawyers.
"He (Palmares) submitted a sworn statement to the fact-finding committee. It’s now up to the DOJ to consider him a state witness," Acosta said.
She claimed Palmares was ordered to leave his post at midnight, shortly before Al-Ghozi and his two Abu Sayyaf cohorts made their escape.
For his part, NBI Interpol chief Ricardo Diaz said they would now be responsible for the safety of Palmares. "We’re just the custodian," he said. -With Cecille Suerte Felipe