Masungi Georeserve on Shaky Ground as DENR Questions Old Agreement

(SPOT.ph) Masungi Georeserve is currently under threat—and not for reasons related to the environmental degradation.

The Department of Environment and Natural Resources (DENR) is facing public criticism under the #SaveMasungi on X for its recent moves to potentially revoke a Memorandum of Agreement (MOA) with the Masungi Georeserve Foundation Inc. (MGFI), calling them a "resort."

The department has made moves to cancel the rights granted by a 2017 Memorandum of Agreement with the late DENR head Gina Lopez allowing the foundation to manage a 2,700-hectare area in Rizal—where the reserve now is—after MGFI sent the government a bill for more than P1 billion. In response to the decision, Masungi has issued a public challenge to DENR Secretary Ma. Antonia Yulo-Loyzaga, urging her to validate allegations of illegal resort developments within the georeserve. 

DENR vs Masungi Georeserve

Why did the Masungi Foundation send the government a bill of more than P1 billion?

At the root of the foundation's billing to the government is a certain parcel of land called "Lot 10." According to MGFI, its affiliate company Blue Star entered into a Joint Venture Agreement for the development of two titled properties, Lot 10 included, in the '90s. This Lot 10 is the current site of the georeserve, and the title of which "was recently transferred to the name of Bureau of Corrections, without the knowledge of Blue Star."

According to the DENR, the lot in question is a "10-hectare parcel of land allocated for the National Bilibid Prisons. This allocation is covered by Presidential Proclamation 1158 signed on September 8, 2006."

With the lot seemingly no longer under MGFI and Blue Star's jurisdiction, they had "no choice but to submit a monthly account of said expenses to compel the DENR to perform its contractual obligations under the JVA and precisely to avoid unnecessary costs which will ultimately end up as cost to the government." 

The foundation also reiterated that "Blue Star is MGFI’s affiliate company which started and led the restoration and protection efforts in the Masungi Georeserve for over two decades. In essence, without Blue Star’s resources, efforts, passion, and engineering expertise, there would be no Masungi. The ancient Masungi karst which is a national geological and biodiversity heritage as well as surrounding titled government properties and protected areas would have been irreparably lost to syndicates without the efforts of Blue Star."

But according to the DENR Investigation Committee, the billing is without legal basis. "The contracts entered into by BSCDC (Blue Star) had legal infirmities ranging from unlawful excise of land for housing purposes in a National Park to award of contracts without bidding," said the comittee. The foundation has also refuted this, stating that Blue Star won the Joint Venture through a public bidding process initiated by the government. 

The MOA has been pivotal for conservation efforts in the region, allowing Masungi to undertake significant reforestation and ecosystem restoration projects since it was signed in 2017. 

Now, the 2017 MOA is facing scrutiny. The DENR stated that it was deemed void ab initio (from the start) by the Department of Justice, citing a position paper from February 15, 2023 from the DOJ that declared the MOA as "violative of the constitution."

Also read: A Win for Mother Nature: Masungi Georeserve Bags Prestigious UN Award

Is the Masungi Georeserve a "resort?"

In the same statement, DENR dubbed the georeserve site a "resort," stating that “The Masungi Georeserve resort collects entrance fees from tourists (P1,500 per person on weekdays and P1,800 on weekends). It offers accommodations starting at P5,000 a night and hosts events like weddings and company events with rates starting at P120,000. The resort has a restaurant." 

To this, foundation president Ben Dumaliang issued a challenge to DENR Sec. Yulo to visit the reserve with media "to show to the public where the alleged hotel, swimming pool, and resort are in Masungi Georeserve and to substantiate her false and unfounded allegations against Masungi and Blue Star."

“If she cannot come and substantiate her resort claims and other allegations, then she should resign. The office of DENR Secretary is crucial to the future of our nation and it must have the highest integrity," Dumaliang said.

The foundation also highlighted its longstanding partnership with Blue Star through a Joint Venture Agreement from the 1990s with the goal of conservation with minimal development, which is in contradiction with the DENR's overdevelopment allegations. The agreement was designed to ensure 70% of the land remains open space, which is supposedly overseen by the DENR.

“The Masungi Georeserve is a non-profit conservation initiative run by the MGFI which is a non-stock, non-profit Foundation duly registered at the Securities and Exchange Commission (SEC). Masungi is therefore not a resort, which is built for the primary purpose of entertainment and profit,” MGFI said.

DENR also cited the following violations by the foundation in addition to the resort claims:

• No clearances from the Protected Area Management Board
• No free and prior consent from the ancestral domain owners and the National Commission for Indigenous People
• No Environmental Clearance Certificate
• No accreditation from the Department of Tourism

To this, MGFI clarified that the trails have a Certificate of Non-Coverage “which is the equivalent of the Environmental Compliance Certificate for projects with insignificant environmental impact as defined by the Philippines Environmental Impact System.” Indigenous partners of MGFI have also written several letters to the DENR supporting the project.

Last but not the least, MGFI said that the Masungi Georeserve has always been under accreditation of the DOT-4A.

“Accreditation is voluntary for secondary tourism establishments,” MGFI said in a statement, adding that the DOT has even featured the conservation area in numerous local and international tourism campaigns promoting the Philippines.

Masungi Georeserve argued that the MOA is critical for continuing conservation work, noting that the cancellation seems more aligned with the interests of illegal loggers, quarry operators, and other parties that have historically encroached on protected lands​.

Also read: Take a Break From It All With a Picnic at Masungi Georeserve