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/FileMANILA — The Department of Environment and Natural Resources (DENR) assured that despite a notice of cancellation of a 2002 Supplemental Joint Venture Agreement with Blue Star Construction and Development Corporation and its demands for the company to vacate some 300 hectares of protected area under the agreement, it will not use force to evict them right immediately.

Speaking to ABS-CBN News, Assistant Secretary for Legal Affairs and Enforcement Norlito Eneran explained that even if the 15-day period from Blue Star’s receipt of the notice has lapsed, it will employ legal procedures in implementing the department’s decision.

“In terms of pag papaalis sa kanila, we are observing due process and we are observing ano yung legal process. Kung nandun pa sila at ayaw nilang umalis, of course, we will engage other law enforcement agencies to help us out para ma-implement yung ating order,” he said.

(In terms of their eviction, we are observing due process. If they are still there and refuse to leave, we will engage other law enforcement agencies.)

DENR cancels deal with Masungi developer, orders them to vacate area

On March 7, the DENR announced the cancellation of the supplemental agreement which extends coverage of a 1997 Joint Venture Agreement between the agency and Blue Star from 130 hectares to 300 hectares of land in Tanay, Rizal.

The land includes the protected area developed and maintained by the Masungi Georeserve Foundation Inc. (MGFI).

In a letter to Blue Star’s owner Ben Dumaliang, the DENR cited four reasons for the cancellation including: (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, and (3) failure to deliver the 5,000-unit Garden Cottages housing project within five years from signing on November 15, 2002.

Eneran explained that the cancellation of the supplemental joint venture agreement leaves only a 2017 Memorandum of Agreement between DENR and MGFI.

“Ang nilalaman ng kontratang yun is that it is just a temporary contract. Ang nakalagay mismo ng wording doon is interim contract. Dahil kailangan pa ng isa pang kontrata para maging ganap na binding yung contract na yun. Ang naging issue lang doon, kasi ang nakalagay doon sa kontrata noong 2017 is it is a geotourism park. Ibig sabihin, mag-ooperate sila na hindi purely conservation. That's the problem kasi yung kanila, ang interpretation nila, purely conservation ang ginagawa nila doon sa area. Pero hindi libre, magbabayad ka.”

(That contract is a temporary contract. The exact words are interim contract because another contract is needed to make it binding. The issue with this one is that the 2017 agreement indicates that it is a geotourism park. This means they won’t operate purely for conservation. That’s a problem because based on their interpretation, they are purely conserving. But it’s not for free, you have to pay.)

 Masungi Georeserve Foundation officials vow to 'stand their ground'

At the opening of the Masungi Nature Defense Camp on Tuesday, MGFI co-founder Ann Dumaliang explained that they are operating on a conservation development approach, a form of conservation financing mechanism.

“It is a pioneering model in the Philippines that was shown to work and should in fact be replicated in our different protected areas,” she said.

However, the DENR said no such model exists in the country.

The agency assured that despite the cancellation of agreement and impending eviction of Blue Star and Masungi, the karst area will continue to be protected. This, despite 270 hectares of the land now titled to the Bureau of Corrections through the Department of Justice and 30 hectares to the DENR Regional Office.

“Kahit titulado ang property mo na nakapaloob sa protected area, hindi ka pa rin pwedeng gumawa ng mga structures, development, na hindi naaayon sa development plan or yung tinatawag natin, protected area management plan,” Eneran said.

(If your titled land is within a protected area, you still cannot put up structures, or development that is not in line with the protected area management plan.)