Park rangers show visitors the landscape in Baras, Rizal from the “Sapot” at the Masungi Georeserve on October 24, 2019. The conservation area was recently recognized for its sustainable tourism practices at the UN World Tourism Organization Awards last September. Mark Demayo, ABS-CBN News/File

MANILA (UPDATED) — The Department of Environment and Natural Resources (DENR) announced Friday that it was cancelling its 2002 agreement with Blue Star Corp., the firm that developed the Masungi Georeserve, over the alleged "illegality" in the said contract.

Masungi says conservation deal 'valid' unless canceled by court

Masungi Georeserve Foundation, in a statement, said the government "has chosen to go after those protecting our forests instead of those destroying them" by cancelling the deal.

In a letter to Blue Star owner Ben Dumaliang, the DENR said the cancellation of the supplemental agreement was due to the following reasons: 

1) Lack of the required Presidential Proclamation declaring the subject matter of the contract for housing purposes

2) No document to prove that the proposed construction went through regular procurement or bidding process

3) Failure to deliver the 5,000-unit Garden Cottages housing project within five years from signing on November 15, 2002

BLUE STAR TOLD TO VACATE GEORESERVE

"Sa napirmahang letter of cancellation ng department... We are demanding Blue Star to vacate the area, ito po ay may sukat na 300 hectares kung saan nandon ang Masungi Geopark area," DENR Assistant Secretary for Legal Affairs Norlito Eneran said in a press conference. 

(In the letter of cancellation, we are demanding that Blue Star vacate the area... the 300 hectares where the Masungi Geopark area is)

He said Masungi Geopark management has 15 days from receipt of the latter to leave the area.

Asked if vacating would mean dismantling the popular geopark, Eneran replied: "That is one option, but the general idea is for the DENR to take control of this area as well as the other agencies na may right din (that has a right) over this area." 

The cancellation of the deal would mean a government takeover of the Masungi Georeserve, a popular and award-winning ecotourist destination in Baras, Rizal.

Its operator has said in the past that it successfully reforested the area, many parts of which were once denuded of trees and forest cover.

MASUNGI: WE HAVE BEEN ON FRONTLINES OF FOREST CONSERVATION

"While it continues to approve destructive quarries, private resorts, and industrial projects that irreparably harm our watersheds, it is using taxpayer money to target Masungi Georeserve—a globally recognized conservation initiative—and its affiliated company Blue Star which started the conservation and protection efforts in the area," Masungi Georeserve management said.

It said that it and Blue Star “have been on the frontlines” in conserving their area of the Sierra Madre mountain range “defending our forests against land grabbers, illegal quarries, and powerful vested interests” for the past two decades.

'Tao Po': Masungi Park Ranger bares dangers of defending the environment

In 2021, Masungi park ranger Kuhkan Maas survived a shooting linked to a dispute over the land the georeserve is on, the latest in occasional confrontations with land developers and other claimants.

HOUSING PROJECT AGREEMENT

Eneran said that since the original 1997 joint venture agreement was "never executed, the 2002 Supplemental Agreement is now without basis."

DENR eyes scrapping Masungi Georeserve deal over 'unconstitutional' provision

According to the DENR, the housing project under the 2002 Supplemental Agreement were to be located in Lot 10.

However, the DENR accused the Dumaliang family of building structures there, including the Masungi Georeserve, "a resort that charges visitors for day treks to caves, stone formations, trails, and rope bridges."

"Multiple investigations by different administrations have found irregularities in the awarding of Blue Star's contracts," Eneran said.

In its statement, the foundation said Blue Star entered into a joint venture agreement with DENR in 1996 for a “sustainable housing project (with 70% green spaces and 30% development) for government employees and address ongoing rampant land speculation over the area.”

A 2002 Supplemental JVA added 300 hectares to the project. That land, Lot 10, was turned into the georeserve.

“This expansion is based on the provisions of law, which allows a government project to be expanded or extended without additional bidding under certain conditions,” the foundation also said.

“Let us be clear – it is the DENR who is at fault here. It has stubbornly refused to carry out its contractual obligation 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."

MASUNGI EXPLAINS ‘VIOLATIONS’

Speaking to ABS-CBN News, Billie Dumaliang, Masungi Georeserve Foundation’s Trustee and Director for Advocacy addressed perceived violations by the DENR. Among them, failure to deliver the 5,000-unit garden cottages housing project within 5 years from signing the agreement in November 2002; lacking documents to prove that the proposed construction went through the regular procurement or bidding process; and the lack of the required Presidential Proclamation declaring the subject matter of the contract for housing purposes.

“It's DENR who is at fault in these delays. It has stubbornly refused to carry out its contractual obligation to remove liens, encumbrances, and other large-scale illegal occupants and fraudulent instruments, causing massive delays and injury to its private sector partner,” the younger Dumaliang said.

“Ngayong may mga houses that have been build, but majority are lots. So you will have a lot of government employees as well who bough these lots under the program of the DENR and Blue Star.”

Dumaliang adds that the 1997 Joint Venture Agreement was “won by Blue Star through a competitive bidding merit.”

The 1997 Joint Venture Agreement was entered into by both parties with Blue Star contracted to build some 5,000 housing units in over 100 hectares of land in Rizal.

In 2002, both sides agreed on a supplemental deal for an additional 300 hectares of land, where another 5,000 housing unites will be built for state employees.

But the DENR maintained that aside from legal defects of the agreement, Blue Star did not put up a single house.

Dumaliang also defended the fees being collected by the foundation, saying that is used not for profit but to support conservation measures.

She also belied claims that the fences put up by Blue Star in the area became restrictive for DENR personnel.

“It's a collaborative partnership and it was supposed to be a sustainable development project. How will you protect the project site from all of these speculators if you don't do fencing?”

“Ilang invitation nga sinend kay DENR Secretary, hindi pa niya sinasagot, hindi siya pumupunta dito. So that is totally false and baseless. All they have to do is communicate, coordinate with us. And of course, they will be able to come as part of their duties, as part of the partnership, diba? That's really unreasonable for them to claim.”

(We’ve sent numerous invitations to the DENR Secretary, she didn’t answer, she didn’t come here.)

As of writing, Blue Star and Masungi have yet to receive DENR’s notice to vacate the 300 hectares of land.

“The world needs true champions who will fight for the environment, who will fight for the future of the Philippines. And so, hindi kami aatras. We assure our followers and our allies that we will continue to fight with them and we call on them to really stand with us in the face of this repression tactic by the DENR,” Dumaliang said.

Masungi Georeserve has become a popular hiking spot not only to locals but to foreigner as well.

Leonardo DiCaprio supports call to protect Masungi Georeserve

In July 2024, Hollywood actor Leonardo DiCaprio appealed to no less than President Ferdinand Marcos Jr himself to protect the karst formation.

Even renowned primatologist Jane Goodall, climate activist Greta Thunberg and rock icon Sting also called on the public to protect the environment.

Just recently, journalist Richard Quest also visited the area.

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