The plan of the Department of Environment and Natural Resources (DENR) to cancel an agreement that gave birth to the Masungi Geopark Project will only benefit people and groups that have quarrying and swimming pool business interests in the 2,700 hectares of land in Rizal province, the Masungi Georeserve said on Wednesday, April 3.
In a statement, the Masungi Georeserve has expressed concern that the plan would also benefit land grabbers through large scale fraudulent claimants, citing violent incidents of confrontation over land disputes in the past.
“As we listen to the Senate hearing on the defacement of protected areas in Bohol and the Upper Marikina Watershed, this announcement of the planned cancellation of our MOA creating award-winning Masungi Geopark Project reforestation project betrays the DENR's statements that it is serious in protecting the environment,” the statement read.
It refers to the statement made by DENR Secretary Maria Antonia Yulo-Loyzaga during a Senate hearing that the contract entered into between then DENR secretary Gina Lopez and the Masungi Georeserve Foundation Incorporated (MGFI) in 2017 is void ab initio—or not valid from the start.
DENR legal experts and the Department of Justice stated that the contract was in violation of the Constitution, particularly Article XII Section 2 which states that no agreement with the government should exceed 25 years.
Article XII Section 2 read: “The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens.”
“Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant.”
The Masungi Georeserve said the argument that the contract was void ab initio is untenable: “The contract was validly entered into by the DENR Secretary under her broad powers under the e-NIPAS (Expanded National Integrated Protected Area Systems Act) to enter into agreements with non-state actors in pursuit of conservation. The contract also has all the elements of a valid agreement.”
Last ark of biodiversity
In its website, the World Economic Forum describes the Masungi Georeserve as the last ark of biodiversity in the Philippines.
“The reserve is a protected geotourism site known for its ancient ‘karst’ terrain - limestone rock formations which serve as a filter for vital waterways,” an article in the World Economic Forum read.
“Situated upstream from the capital, the rock acts as a vital watershed that regulates the flow of water all the way down to the city of Manila and onwards to Manila Bay,” it added.
The contract
The MOA paved the way to the reforestation of the large parcel of land that includes areas of the Upper Marikina Watershed and the Kaliwa Forest Reserve.
In the past hearings, there were questions on the validity of the contract supposedly over its perpetuity—unless there is a violation of the contract.
In a statement, the Masungi Georeserve said the MOA provision which declares that "the intent of the parties is to constitute the project area as a perpetual land trust" is not a grant or gift of land to the foundation, contrary to malicious insinuations.
“A close reading of the contract will reveal that we can only manage the project for as long as the law or constitution allows, which is yet to be determined by the courts for conservation,” it said.
It cited the International Union for Conservation of Nature (IUCN) guidelines indicating that the intent to conserve in perpetuity must be integrated in legal agreements and covenants concerning privately protected and managed areas to safeguard conservation gains for the long-term.
The Masungi Geopark Project has been an inspiration to many and has been touted as a world class Filipino environment project in the global stage.
It was spotlighted at the 2024 World Economic Forum in Davos as one of the best practices in the world for ecosystem restoration and won the 2022 UN Sustainable Development Goals Action Campaign Inspire Awards.
For whose benefit?
The Masungi Georeserve stated that neither the Filipino people nor the environment will benefit from the planned cancellation of the contract.
“Who will benefit from this plan? Neither the Filipino people nor the environment. Only the large scale fraudulent claimants, land grabbers, quarries and swimming pool resorts that have lobbied for the project's cancellation because it collides with their interests will benefit from this,” the statement read.
The group said the DENR can explore if the concerns are truly on technicalities in the MOA, including formal negotiations and submitting to a dialogue in good faith.
Fighting back
The Masungi Georeserve stressed that the MOA remains valid and binding until the court declares that it is void.
“The final determination of constitutionality and legality is the province of the judiciary, and not the executive branch. We will do everything in our power to make sure that we will be able to continue doing the important work together with our up to 100 local rangers and thousands of volunteers,” the Masungi Georeserve statement read.
“We enjoin everyone to be vigilant with us to oppose and defeat this travesty of justice,” it added.