Strengthening Right to Counsel During Arrest

Executive Order No. 155 amends Section 1 of Republic Act No. 857.
Section 2 repeals or modifies any laws, orders, issuances, rules, and regulations—or parts thereof—that are inconsistent with Executive Order No. 155.
Executive Order No. 155 expressly states its objective to strengthen the right to counsel during arrest in light of denials by public officers and employees.

The measure is enacted for the best interest of any person temporarily deprived of liberty to strengthen and make meaningful the right to counsel during arrest.
The measure targets “subtle and sophisticated denials” of that right by certain public officers and employees.

Section 1 (as amended) penalizes any public officer or employee and anyone acting under his orders or in his place.
The prohibited conduct is to obstruct, prohibit, or otherwise prevent an attorney entitled to practice in the courts of the Philippines from visiting and conferring privately with a person arrested.
The attorney’s visit and private conference must be allowed at any hour of the day.
Section 1 also requires allowance in urgent cases during the night, when requested.

The attorney’s requested visit and conference must be requested by the person arrested.
The request may also be made by another acting in his behalf.
The request may be made by a national or international non-governmental organization duly accredited by the Office of the President.

The attorney may visit and confer privately at any hour of the day upon request.
In urgent cases, the attorney’s visit and conference must also be allowed during the night upon request.

Section 1 provides that the prohibited interference is punished by prision correccional.

Section 2 repeals or modifies all inconsistent laws, orders, issuances, rules, and regulations, including only the parts that are inconsistent.
Section 2 establishes that the amendment governs despite conflicting prior issuances to the extent of inconsistency.