The Masungi Georeserve has become one of the largest collaborative reforestation efforts in the country using self-generated funds from geotourism. 鈥擯HOTO COURTESY OF MASUNGI GEORESERVE FOUNDATION
MANILA, Philippines 鈥� The Department of Environment and Natural Resources (DENR) on Friday said it was evicting a private housing developer from the forests of Rizal province, a move that could terminate the multi-awarded conservation work of the Masungi Georeserve Foundation Inc. (MGFI) in the protected area.
In a letter, Environment Undersecretary Juan Miguel Cuna gave Blue Star Construction and Development Corp. 15 days, without extension, to leave the area after the DENR unilaterally nullified its nearly 23-year-old contract with the company.
Cuna cited alleged 鈥渓egal infirmities鈥� of the DENR鈥檚 2002 supplemental agreement (SA) to its 1997 joint venture agreement (JVA) with Blue Star, which expanded a 130-hectare area to build homes for thousands of government employees with an additional 300 ha of land known as 鈥淟ot 10,鈥� which is covered by the MGFI conservation site.
The March 7 notice was addressed to Ben Dumaliang, the president of Blue Star, which established the nonprofit MGFI in 2016.
The foundation鈥檚 work includes reforestation and protection of the unique and fragile limestone formations within the total 430-ha protected area, which is also home to hundreds of plant and animal species. The site has been attracting tourists and environmentalists over the years.
READ: Protecting Masungi: Conflicting views turn area into battleground
Original agreement
The original DENR-Blue Star agreement involved the survey, design, financing, construction, development and marketing of a low-cost housing project, to be called Garden Cottages, with 5,000 townhouses and single detached homes within a 130-hectare state property in Tanay. It was then signed by then Blue Star president Manuel Chua and then Environment Secretary Victor Ramos.
The land title of Lot 10 was initially in the name of the Republic of the Philippines before it was transferred to the Bureau of Corrections and the DENR.
A supplemental agreement on Nov. 15, 2002, was inked by then DENR chief Heherson Alvarez and then Blue Star president Lamberto Tagayuna to expand the housing site, from 130 ha to 430 ha under a masterplan that should minimize any disruption in the ecosystem while preserving and enhancing the land鈥檚 鈥渘atural attractions.鈥�
Housing for gov鈥檛 staff
According to MGFI, the aim of the 1997 JVA was to create a sustainable housing project with 70-percent green spaces and 30-percent development for government employees and stop rampant land speculation in the area.
In 2006, another agreement was signed to amend the implementation of Garden Cottages to five more years, or until 2011.
But DENR, under Secretary Maria Antonia Yulo-Loyzaga, is calling the 2002 contract 鈥渋llegal鈥� for 鈥渓ack of essential elements and failure to go through a bidding process.鈥�
Among the 鈥渄efects鈥� of the agreement, the DENR said, was that no 鈥渞egular procurement or bidding process鈥� was supposedly held for the proposed construction of the housing units on Lot 10.
鈥淭o comply with (Commission on Audit) rules and regulations, and existing jurisprudence, it is required that a separate bidding be conducted since the 2002 SA has land larger than the subject area of the original JVA,鈥� read Cuna鈥檚 eight-page letter.
Not for renewal
Asked why Cuna signed the letter as 鈥渙fficer in charge鈥� of the Office of the Secretary, the DENR said Yulo-Loyzaga was on 鈥減ersonal leave鈥� but didn鈥檛 say how long she would be away.
Cuna also pointed out that because there were 鈥渘o substantial housing units built鈥� on the site within the agreed implementation period, the contract had 鈥渘o basis鈥� and 鈥渟hould not be renewed.鈥�
The agreement should also be canceled due to the absence of a 鈥渃ompulsory鈥� presidential proclamation to declare Lot 10 鈥渙pen for disposition鈥� for the project.
These reasons make the 2002 contract void ab initio, or from the start, the DENR pointed out.
Out to 鈥榮ilence advocates鈥�
A 鈥渨eb of violations鈥� was also cited by Cuna, including the imposition of fees 鈥渘ot provided in the Masungi Rock Eco-Tourism Plan;鈥� fencing of a portion of Lot 10; and 鈥渧ery restrictive access鈥� given to DENR representatives.
But MGFI said in a statement that the DENR鈥檚 contract revocation was 鈥減art of a larger, more insidious effort to weaken environmental protection, silence advocates, and clear the path for selfish commercial interests to exploit our natural resources.鈥�
It said it had anticipated the DENR鈥檚 move and vowed to expose the department鈥檚 鈥渄ecadeslong negligence in managing these contracts鈥� through legal action.
鈥淲e are confident of the legal remedies available to us to stay the order, continue our work, and save Masungi,鈥� the group said. 鈥淲e welcome the opportunity to defend this agreement.鈥�
Billie Dumaliang, cofounder and one of the trustees of the foundation, told the Inquirer that MGFI鈥檚 statement 鈥渟hall cover Blue Star鈥檚 initial reactions for now.鈥�
On the alleged invalid components of the agreement, MGFI disputed the DENR鈥檚 allegations, saying that the project was 鈥渃ompetitively bidded out鈥� and that the area expansion under the SA was legal.
鈥淭his expansion is based on the provisions of law, which allows a government project to be expanded or extended without additional bidding under certain conditions,鈥� it said.
Failure on DENR鈥檚 part
According to MGFI, it was the DENR who was at fault for 鈥渟tubbornly refus[ing] to carry out its contractual obligations to clear the area of large-scale illegal occupants, liens and encumbrances, causing delays to the project and significant injury to its private sector partner.鈥�
READ: Masungi Georeserve denies DENR claim its contract is 鈥榲oid ab initio鈥�
More than abiding by the contracts, it added that the project was a 鈥渃ollaborative partnership where both parties鈥攖he financier and developer (Blue Star) and the landowner (DENR)鈥攕hare responsibilities, obligations and equity.鈥�
鈥淎s outlined in the contract, disputes should be resolved through good-faith dialogue between both parties,鈥� the foundation said.
It feared for the Masungi Georeserve defenders whose safety would be undermined by the DENR鈥檚 move.
Internationally recognized
Masungi Georeserve has won various awards, including the World Commission on Protected Areas International Ranger Awards, United Nations Sustainable Development Goals Action Awards (Inspire Category), and the Sustainability Initiative Award by Bett Asia Awards, all in 2022.
Its other recognitions include Special Commendation in the Pathfinder Award for Innovations for Conservation Financing and Resourcing and the WIN WIN Gothenburg Sustainability Youth Award in 2020. It was also a finalist for the 15th Tourism Awards by the United Nations World Tourism Organization and Destination Stewardship in the Tourism for Tomorrow Awards by the World Travel and Tourism Council.
In 2021, Billie and her sister Ann won in Vanity Fair鈥檚 2021 Changing Your Mind Travel Awards. The Masungi conservation park placed first in the Water ChangeMaker Awards by the Global Water Partnership in the same year. 鈥擶ITH A REPORT FROM INQUIRER RESEARCH聽