Not even Academy-award winning actor Leonardo DiCaprio will discourage the Department of Natural Resources (DENR) from cancelling an agreement that gave birth to the Masungi Georeserve which is described as the last ark of biodiversity in the Philippines.
This, after DiCaprio called on President Marcos to take action on the plan of the DENR to declare the contract that then DENR secretary Gina Lopez and the Masungi Georeserve Foundation Incorporated (MGFI) in 2017 as 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.
In a statement released by the Masungi Georeserve, it stated that DiCaprio issued the appeal to President Marcos through an Instagram post on Thursday, July 4 wherein the actor implores President Marcos “to intervene and continue to protect Masungi."
"This success is in jeopardy, as the Department of Environment and Natural Resources (DENR) threatens to cancel the agreement that protects this area from prolific land grabbing activities."
DICaprio was referring to the awards reaped by the Masungi Geopark Project, which is located in Rizal province in restoring a significant area of the Upper Marikina Watershed.
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.
Di Caprio stressed that the DENR’s plan to cancel the contract “would set back the success of an internationally acclaimed conservation effort and leave the area vulnerable again to mining, logging, and illegal developments.”
No one is exempt from law
In a statement released by the DENR on Thursday, it insisted that the business operation inside the Masungi remains non-compliant with Philippine laws.
“We appreciate the statements of concern for the Philippine environment from international celebrities who are distinguished in their respective fields. However, no one is exempt from the law,” the statement read.
“The Filipino people own the area occupied by Masungi Georeserve Foundation and the operation of the resort venues that charge the public for day tours, meetings, and weddings remains non-compliant with Philippine laws.”
“It is the same area that is the subject of Joint Venture Agreements and Supplemental Agreement for the delivery of government housing projects. The owners of MGF (Masungi Geopark Foundation) are the same signatories to the JVA and SA that have been investigated by the DENR and is currently subject of investigation in aid of legislation by both houses of Congress,” it added.
The DENR also committed to taking steps toward strengthening its compliance and enforcement capacities.
The contract
The MOA between Lopez and MGF 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 congressional 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.
In seeking for the cancellation of the contract, the DENR legal experts cited Article XII Section 2 of the Constitution which 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, however, 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.
Why Di Caprio?
DiCaprio, a six-time Academy Award® nominee and winner, is known not only for his work in film but also for his roles as a producer and activist, according to the Masungi Georeserve.
He has long been a dedicated advocate for global environmental issues, including climate change, wildlife conservation, access to clean water, biodiversity protection, marine conservation and supporting Indigenous communities.
odranoelThrough his philanthropic efforts, DiCaprio has contributed over $100 million in grants to various environmental programs and projects. He is also a founding board member of Re:wild, a non-profit organization dedicated to protecting and restoring biodiversity.
In recognition of his environmental work, the United Nations designated DiCaprio as a UN Messenger of Peace in 2014 "for his longstanding commitment to environmental activism."