G.R. No. 1705 , February 23, 1904
TOMAS BLANCO, petitioner, vs. BYRON S. AMBLER, judge of the Court of First Instance of Manila, respondent.

FACTS:
This is an original action for certiorari filed in the Supreme Court. The petitioner, Tomas Blanco, seeks to review an order issued by the respondent Judge, Byron S. Ambler, appointing a receiver for the property of Tan Tongco in the case of Sergia Reyes vs. Tan Tongco. Upon filing the complaint, the Supreme Court issued a temporary injunction and an order for the respondent to show cause why a writ of certiorari should not be granted. The respondent appeared and demurred to the complaint, arguing misjoinder of parties, failure to state a cause of action, and that the complaint was vague. The petitioner admitted the misjoinder and sought leave to file an amended complaint, eliminating one defendant, which the respondent agreed to.

ISSUE:
Whether the Supreme Court should grant the writ of certiorari to review the respondent judge’s order appointing a receiver.

RULING:
Yes, the Supreme Court granted the writ. The Court held that the demurrer’s ground of failure to state a cause of action was not well-taken. Citing its prior decision in Bonaplata vs. Ambler (2 Phil. 392), the Court had already ruled that the respondent judge had no power or jurisdiction to appoint the receiver in the underlying case, making the order void. The timing of the order relative to the petitioner’s action was immaterial to his rights. The Court also found the demurrer’s ground of vagueness to be without merit. Following its practice for certiorari proceedings, the Court issued an order for the respondent judge to certify the relevant records for review and to desist from further proceedings in the matter pending the Court’s final order. The proposed amended complaint was admitted.