G.R. No. 2104, March 23, 1905
EDWARD B. MERCHANT, petitioner, vs. SIMPLICIO DEL ROSARIO, judge of the Court of Land Registration, respondent.

FACTS:
This is an original action filed directly with the Supreme Court. The petitioner, Edward B. Merchant, sought to compel the respondent judge, Simplicio del Rosario of the Court of Land Registration, to enter a default order under Section 35 of Act No. 496 (The Land Registration Act) in a land registration case pending before his court. The required notice under Section 31 of the Act set the appearance date for July 7, 1904. On July 14, 1904, the petitioner moved for a default against all persons named in the notice who failed to appear. The respondent judge refused to enter the default.

ISSUE:
Whether the Supreme Court can compel the judge of the Court of Land Registration to enter a default order in a specific manner, as requested by the petitioner.

RULING:
No. The Supreme Court denied the petition. The Court held that Section 35 of Act No. 496 provides that a default “may be entered, no reason to the contrary appearing.” The determination of whether such a contrary reason exists is a matter for the lower court to decide based on the circumstances of the case. The petitioner was not merely asking the Supreme Court to compel the lower court to decide the motion; he was asking it to compel a specific decisionto grant the motion for default. The Supreme Court found it lacked the authority to mandate how the lower court should rule on a discretionary matter pending before it. The temporary injunction previously issued was vacated, and final judgment was rendered in favor of the respondent judge, with costs against the petitioner.