Administrative functions may proceed despite litis pendentia

While it is true that the subject mining claims are under litigation, this does not preclude the DENR and its Secretary from carrying out their functions and duties without a restraining order or an injunctive writ. Otherwise, public interest and public service would unduly suffer by mere litigation of particular issues where government interests would be unduly affected. In the instant case, it must be borne in mind that the government has a stake in the subject mining claims. Also, Macroasia had various valid existing mining lease contracts over the subject mining lode claims issued by the DENR. Thus, Macroasia has an advantage over Blue Ridge and Celestial insofar as the administrative aspect of pursuing the mineral agreements is concerned. (G.R. No. 169080; December 19, 2007)