DENR cancels deal with Masungi Georeserve's developer, orders them to vacate sanctuary
The Department of Environment and Natural Resources cancelled its 2002 Supplemental Agreement with Blue Star, the firm that developed the Masungi Georeserve in Rizal, ordering them to vacate the place.
The DENR cited three reasons for the cancellation of the agreement: the lack of the required Presidential Proclamation declaring the subject matter of the contract for housing purposes; the absence of the document proving that the proposed construction went through a regular procurement or bidding process; and the failure to deliver the 5,000-unit Garden Cottages housing project within five years from signing on Nov. 15, 2002.
"This is a letter of cancellation ng isa sa mga kontrata na pinasok ng Blue Star at DENR patungkol sa mga lupain natin dito sa Masungi area," Norlito Eneran, DENR Assistant Secretary for Legal Affairs, said in a press conference on March 7 as captured by Radyo Pilipinas.
Eneran said they're demanding Blue Star to vacate the 300-hectare area, adding that the management has 15 days upon receiving the letter to leave the area.
Per Eneran, when Blue Star and the foundation leave the place, dismantling the park would be "one option," but the "general idea" is for the DENR to take control of it and other agencies that have a right over it.
'Went after those protecting our forests'
In a statement sent to PhilSTAR L!fe, the Masungi Georeserve Foundation said the DENR has "chosen to go after those protecting our forests instead of those destroying them."
"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... and its affiliated company Blue Star," it said.
The foundation noted that for over two decades, Masungi Georeserve and Blue Star "have been on the frontlines, defending our forests against land grabbers, illegal quarries, and powerful vested interests."
"Instead of holding these plunderers accountable, the DENR is attacking a project that the late Secretary Gina Lopez once called 'the only good thing happening in the area,'" it said.
According to the foundation, it's also "an attack on every Filipino striving to protect our natural heritage in the face of worsening floods, landslides, and droughts that threaten our communities."
Joint venture agreement between DENR and Blue Star
According to the foundation, the agreement between DENR and Blue Star was meant to create a sustainable housing project (with 70% green spaces and 30% development) for government employees and address ongoing rampant land speculation over the area.
The project was competitively bid out by the DENR and won by Blue Star.
In 2002, former president Gloria Macapagal Arroyo ordered a supplemental JVA, which contributed an additional 300 hectares to the project.
Under the law, a government project may be expanded or extended without additional bidding under certain conditions.
"Let us be clear – it is the DENR who is at fault here," the foundation claimed. "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."
It noted that a JVA is "not a simple contractual arrangement in which an agency hires a company to construct a project in exchange for payment."
"Instead, it is a collaborative partnership where both parties—the financier and developer (Blue Star) and the landowner (DENR)—share responsibilities, obligations, and equity in the project," it said.
The foundation said that as outlined in their contract, disputes "should be resolved through good-faith dialogue between both parties."
"However, the DENR has opted to evade meaningful discussions," it said. "We welcome the opportunity to defend this agreement while also shedding light on the DENR’s decades-long negligence in managing these contracts."
The foundation said there's no 15-day notice to vacate from the DENR. It noted that it has "anticipated this action" from the DENR Sec. Ma. Antonia Yulo-Loyzaga.
Still, it expressed confidence in having legal remedies available to "stay the order, continue our work, and save Masungi."
"We call on the Filipino people to see through this deception and stand with us in protecting the last remaining forests of our generation," the foundation said. "The future of our watersheds—and of generations to come—depends on it."
Masungi Georeserve is famous for its lush and scenic green landscapes and cool climate. Some activities include exploring the Discovery Trail and Legacy Trail.
The sanctuary has been under threat from mining, logging, and illegal developments, suffering deforestation in the '90s.
Several calls to help protect Masungi Georeserve have been in place, including from local celebrities like Nadine Lustre and even foreigners like Leonardo DiCaprio.
The Masungi Georeserve Foundation was honored at the 2024 Asia Pacific Social Innovation Partnership Awards by Taiwan, 2024 World Economic Forum, as well as in the 2022 United Nations Sustainable Development Goals Action Campaign under the Inspire category for its commendable efforts to save and preserve the environment.