MANILA, Philippines – The Dumaliang family, which manages both the Masungi Georeserve Foundation Inc. and developer Blue Star Construction Development Corporation, denied Friday, April 11, that they have “benefited unduly” from government contracts, including the one recently cancelled by the environment department.

“I would like to take vigorous exception and I’m taking this opportunity to clear the insinuations that the Dumaliang family has benefited unduly from all of these contracts when in fact, it is our family’s sacrifice to do this for our country,” said Billie Dumaliang, managing trustee of the foundation.

Dumaliang spoke in behalf of her family, who were also present in the Senate blue ribbon committee hearing on Friday.

The hearing, led by Senator Peter Cayetano, tackled the cancellation of Blue Star’s 2002 contract with the Department of Environment and Natural Resources (DENR). DENR’s main basis for contract cancellation was Blue Star’s failure to execute the housing project they agreed upon.

Currently, the 300-hectare land subject of this contract is the site of the world-renowned conservation area Masungi Georeserve in Rizal province.

During the hearing, the Dumaliang camp said the DENR did not hold their end of the bargain by clearing the land of liens, encumbrances, and occupants. Thus, they say, they were unable to proceed with the housing project.

Throughout delays, the Dumaliang camp said they proceeded with conserving the area.

“Because the Lot 10 does not only include buildable areas, it also includes maybe 40% of it is limestone formations, part of the plan for Lot 10 is to conserve,” said Dumaliang. Lot 10 is how both the government and Masungi have taken to refer to the subject land.

“While Blue Star is waiting for DENR to clear the area from illegal occupants and claimants, Blue Star took care of the land consistent with the SJV (supplemental joint venture agreement).”

Amid controversies, the camp has consistently emphasized its mission to conserve the area.

“The Masungi Foundation — just to be clear and we have made a submission recently to show that not a single centavo has actually gone into the pockets of anyone,” said Alma Mallonga, legal counsel for Blue Star. “Everything has been devoted to conservation.”

Aside from the 2002 contract and the original 1997 housing contract it supplements, the government has a 2017 agreement with the foundation bestowing them 2,700 hectares of public land for conservation. The 1997 and 2017 contracts are currently under review, according to DENR Assistant Secretary Norlito Eneran.

Controversy-laden land

What makes the subject land controversial to development is because it straddles three protected areas.

“Let me be clear, this Department respects prior rights, but these rights must align with existing laws and regulations. The area in question, straddling three protected areas: Presidential Proclamation 1636, the Kaliwa Watershed and the Upper Marikina River Basin Protected Landscape is one of over 200 protected areas nationwide,” said Environment Secretary Toni Yulo-Loyzaga during the hearing.

“It is subject to the same legal framework that governs all our protected areas,” she added.

Loyzaga brought up issues of Masungi’s relationship with indigenous people in the area, raised the possibility of “the other onerous related agreements entered into by the Dumaliang family and group.” She did not mince words casting doubt on the Dumaliang family’s intentions on the land.

“Because in truth, behind the guise of advocacy is a long history of abuse against the indigenous people of Tanay, Rizal,” Loyzaga said.

Often pointed out in this issue is the DENR’s capacity to conserve land — like what Masungi has done — given its history with other protected areas such as the Chocolate Hills resort controversy. Loyzaga admitted to this, yet held firmly to the agency.

“Yet any imperfect institution or process, especially one created and mandated by law, cannot be unilaterally set aside by one group or family,” Loyzaga said. She maintained that by cancelling the 2002 contract, the DENR is only upholding the law.

Meanwhile, Senator Risa Hontiveros said in a statement Friday that she hoped the DENR will resolve these issues in favor of continued (“if not expanded”) cooperation with organizations involved in conservation.

“Let us not lose sight of the main agenda: the reforestation of our forests and the protection of our critical natural assets — to which Masungi, in spite of the legal issues, has contributed greatly,” Hontiveros said.

The DENR has given Blue Star notice to evacuate the property within 15 days upon receipt. Blue Star said it received the eviction notice on March 17. – Rappler.com

Some quotes translated to English for brevity.