Park rangers show visitors the landscape in Baras, Rizal from the “Sapot” at the Masungi Georeserve on October 24, 2019. Mark Demayo, ABS-CBN News/File

Officials of the Department of Environment and Natural Resources (DENR) and the Blue Star Construction and Development Corporation took a swipe at each other in a Senate Blue Ribbon Subcommittee hearing over the former’s cancellation of a 2002 supplemental agreement.

Blue Star is the firm that developed the Masungi Georeserve.

The supplemental agreement in question covers 300 hectares within the Masungi limestone formation intended for government employee housing.

According to DENR Secretary Maria Antonia Yulo Loyzaga, a 2014 Commission on Audit (COA) review raised “significant concerns” about the agreement, particularly “the lack of proper bidding, minimal project implementation, and absences of a required Presidential proclamation.”  

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Loyzaga said they decided to cancel the agreement after consulting with the Office of the Solicitor General and Department of Justice.

“This department respects prior rights but these rights must align with existing laws and regulations,” Loyzaga stated.

She added, “In truth behind the guise of their advocacy is a long history of abuse of the indigenous peoples of Tanay, Rizal.”

Billie Dumaliang, Director for Advocacy of Blue Star Construction and Development Corporation and Masungi Georeserve Foundation’s Trustee, said they were not given due process as they were only informed of the cancellation by friends from the media.

They were also not given a chance to talk with Loyzaga.

“We believe our work is consistent with the E-NIPAS (Expanded National Integrated Protected Areas System Act of 2018) law and the spirit and objectives of the E-NIPAS law,” Dumaliang said.

She also explained the non-construction of housing units.

“This is not accountable to Blue Star because according to the SJVA the construction of these units will only come after the DENR has delivered the land free of liens, encumbrances, claims and occupants, which until today the DENR has failed to do,” Bille said.

She took exception to the accusation that their family benefited from the contracts they entered into.

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Aside from the 300 hectares, there are also 130 hectares and 2,700 hectares under the stewardship of Blue Star and the Masungi Georeserve Foundation. The contracts for the other two parcels of land are under review.

“Our family sacrificed to do this for the country,” she said. “So I take very vigorous exception to those accusations without proof.”

“We have made singular achievements not only for the Philippines but worldwide. We have evolved into this model for conservation through the years despite the challenges and hardships we have faced,” she added.

DENR Assistant Secretary Attorney Norlito Eneran argued that the Dumaliangs were given due process and that he himself talked to them in several occasions.

Loyzaga, for her part, said her decision to not respond to the Dumaliangs was founded.

“I do not respond when a legal context exists. That legal context was established by the demand letter which actually reached me when I first reached my office of about 800 million or so at which point I do understand what is required by law and therefore no conversations are to be had by me under that legal context having been established,” she said.

“When political influence is used to reach me I immediately question what is the motivation behind this,” Loyzaga added. “I, too, realize the value of political spectacle, I understand the psychological basis for social media campaigns and I will not be subservient to this type of pressure.”

Subcommittee Chairperson Senator Alan Peter Cayetano mediated between the two parties and resolved to create a technical working group that will thresh out the matter.

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“We're in search of models how the private and public sector can help each other and ano yung sustainable way of conservation,” Cayetano said after the hearing.

“So, yung balance between development, especially real estate, and conserving and yung ecological balance is so important. So, we'll get there. It might be a slow start sa hearing, but I still think it's a good start,” he added.