see - sc.judiciary.gov.ph/jurisprudence/2013/april2013/5119.pdf
"x x x.
Writ of execution should issue only when judgment has become final and executory; DAR regional lawyer punished w/ suspension of 3 months. -
"While a judge may not be disciplined for error of judgment absent proof that such error was made with a conscious and deliberate intent to cause an injustice,51 the facts on hand prove otherwise. Florin’s issuance of the writ of execution and writ of possession in order to fully implement Regional Director Dalugdug’s Order dated February 15, 1999 clearly constitutes ignorance of the law for as a rule, a writ of execution is issued only after the subject judgment or order has already become final and executory.52 As aptly stated by IBP Commissioner San Juan, Florin ordered the issuance of such writs despite the pendency of the appeal with the
DARAB.53 Consequently, the Court finds merit in the recommendation of
suspension.
As to the penalty –
Judicial errors tainted with fraud, dishonesty, gross ignorance, bad faith or deliberate intent to do injustice will be administratively sanctioned. 54 In this case, it appears, however, that this is the first time that Florin has been made administratively liable. Although there is no showing that malice or bad faith attended the commission of the acts complained of, the same does not negate the fact that Florin executed an act that would cause an injustice to the Berenguers. To our mind, the act of issuing the writ of execution and writ of possession is not simply an honest error in judgment but an obstinate disregard of the applicable laws and jurisprudence.
With all these, the Court deems it reasonable to reconsider the penalty recommended and instead impose the penalty of suspension for three (3)
months 55 without pay. As also held in Rallos v. Judge Gako, Jr.,56 three (3) months suspension without pay was imposed against a judge after finding out that the ignorance of the law he committed was not tainted with bad faith."
See - http://sc.judiciary.gov.ph/jurisprudence/2013/april2013/5119.pdf
