Beyond Land and Infrastructure: Rethinking the Valuation of Water-Dependent Enterprises

By Augusto B. Agosto, JD, EnP, Economist, Consultant

Introduction

When most people think of property valuation, they picture land, buildings, machinery, and infrastructure—tangible assets that can be easily inspected, measured, and compared in the marketplace. For water-dependent enterprises, however, a more fundamental question often arises: What is the value of the resource that makes the entire enterprise possible?

A water treatment plant without water has little utility; pipelines without water cannot generate revenue; and reservoirs without water are merely empty storage facilities. Yet, traditional valuation approaches often focus heavily on physical assets while giving limited attention to the underlying resource and the legal rights that govern access to it.

Recent professional engagements involving bulk water supply systems, utility infrastructure, and water-related enterprises prompted me to revisit a question that sits precisely at the intersection of law, economics, environmental planning, and valuation: Can the value of a water enterprise be fully explained by land and physical improvements alone? The answer is considerably more complex than conventional appraisal practice suggests.

Who Owns the Water?

The starting point of any discussion on water rights in the Philippines is the Regalian Doctrine. Under Article XII, Section 2 of the Constitution, all natural resources—including waters—belong to the State. The Water Code of the Philippines (Presidential Decree No. 1067) further reinforces this by declaring that private entities may acquire only the right to appropriate and utilize water, subject to strict state regulation.

This distinction is critical for valuation professionals: private entities generally do not own the water itself. Instead, they acquire the legal authority to access, extract, treat, distribute, and utilize water for beneficial purposes. While a water permit is merely an administrative authorization from a legal perspective, from an economic perspective, that authorization represents a monumental source of value.

Water Rights as Economic Assets

Economics teaches us that value arises from scarcity. Although the Philippines is traditionally viewed as an island nation rich in water resources, many regions face acute water stress driven by population growth, rapid urbanization, watershed degradation, groundwater depletion, and climate-induced seasonal variability. As access to reliable water becomes premium, the economic significance of water rights increases proportionally.

Water rights act as economic catalysts by providing:

  • Access to a Scarce Resource: Guaranteed entry into a restricted natural market.
  • Security of Supply & Legal Certainty: Risk mitigation against operational disruptions and litigation.
  • Priority of Use & Investment Opportunities: The baseline confidence required to deploy heavy capital for infrastructure development.

In effect, water rights serve as the operational bridge that converts unpriced natural resources into productive, revenue-generating economic assets.

Lessons from Practice: Beyond Tangible Assets

Several recent valuation assignments involving watershed-based bulk water supply systems and utility infrastructure projects forced a departure from standard real estate appraisal. These engagements required an evaluation that looked beyond physical infrastructure to assess raw water sources, regulatory authorizations, off-take contractual arrangements, and long-term hydrological sustainability.

One particular assignment involving a watershed-based bulk water supply system raised several non-traditional questions:

  • What precise portion of enterprise value is truly attributable to land versus physical improvements?
  • How should the raw, productive capacity of the surrounding watershed be quantified?
  • What is the isolated economic value of the right to abstract and distribute water?
  • How does the long-term reliability of the water source impact overall enterprise risk and value?
  • To what extent do administrative permits and contractual off-take agreements contribute to the ongoing economic viability of the operation?

Answering these questions required moving past conventional property appraisal and venturing into resource economics, institutional rights, environmental planning, and natural capital accounting. The valuation ultimately demonstrated that the economic performance of the enterprise could not be explained solely by its tangible assets. A massive portion of its utility and income-generating capacity was inherently tied to the underlying water resource and the institutional frameworks safeguarding access to it.

Two Paths to Water Production

Observation of water enterprises in Cebu reveals an interesting operational dichotomy. Different enterprises produce marketable water through completely different asset profiles:

Production TypologyResource ReliancePrimary Value Driver
Natural Capital-DependentWatersheds, springs, and deep groundwater systems.High reliance on natural replenishment and ecological health.
Technology-DependentDesalination plants and advanced treatment systems converting seawater or brackish water.High reliance on produced capital, energy inputs, and technological investments.

While both typologies generate revenue by delivering the same end product, their underlying asset structures differ fundamentally. One depends heavily on natural ecosystems; the other depends on engineered physical infrastructure. Yet, both share the same economic reality: without access to the baseline water resource (whether raw fresh water or raw seawater), neither infrastructure nor technology can generate revenue.

Natural Capital and Water Resources

The emerging field of natural capital accounting provides a precise framework for modernizing valuation practice. Natural capital refers to natural assets capable of generating flow-of-resource economic benefits. In this context, it encompasses:

  • Watersheds, aquifers, and natural springs.
  • Rivers, recharge areas, and critical forest ecosystems that regulate hydrological cycles.

Without healthy watersheds and functioning hydrological systems, physical water supply infrastructure loses its utility. Consequently, the comprehensive valuation of water enterprises demands that we look upstream at the sustainability and ecological health of the resource provider.

These initiatives have significantly advanced the measurement of water resources, ecosystem services, and natural capital. However, an important gap remains. Much of the existing literature focuses on water availability, water use, allocation, pricing, and conservation. Far less attention has been devoted to understanding how water resources create economic value and how institutional arrangements governing access to those resources influence investment, enterprise development, and wealth creation.

In particular, limited research has examined the role of water rights as institutional mechanisms that transform water resources into productive economic assets. The interaction between natural capital, legal entitlements, infrastructure investment, and economic production remains largely unexplored in the Philippine context. Understanding this relationship is increasingly important as water scarcity, climate risks, and competing resource demands place greater emphasis on the economic significance of water resources.

These questions form the foundation of the author’s ongoing research, which seeks to examine how scarcity, institutions, and water rights interact to create economic value within water-dependent enterprises and, more broadly, within the Philippine economy.

Conclusion

The discussion on water rights ultimately leads to a broader question than valuation itself. While appraisal seeks to measure value, economics seeks to understand how value is created. In the case of water-dependent enterprises, the answer extends beyond land, buildings, treatment facilities, and infrastructure.

The experience of examining bulk water systems suggests that economic value originates from the interaction of natural capital, institutions, and investment. Watersheds, aquifers, springs, and other water resources provide the physical foundation. The State, through the Regalian Doctrine and the Water Code, establishes the institutional framework governing access and allocation. Water rights and permits create certainty, enabling investment in infrastructure, treatment systems, and distribution networks that transform natural resources into economic output.

Viewed from this perspective, water rights are more than regulatory instruments. They serve as institutional mechanisms that connect natural capital to economic production. Understanding their role requires moving beyond traditional discussions of water use and toward a deeper examination of how water resources contribute to enterprise value, regional development, and national wealth.

Recent initiatives such as PENCAS, the PSA Water Accounts, and national water resource assessments signal a growing recognition of the economic importance of natural assets. Yet important questions remain. How do watersheds create economic value? How do institutions influence the allocation of scarce water resources? How do water rights support investment, productivity, and long-term development? These questions remain largely unexplored within Philippine literature and present opportunities for future research.

The inquiry that began as a valuation problem has therefore evolved into a broader economic question: how does a water resource become economic value? Exploring that question may not only improve valuation practice but also contribute to a deeper understanding of water governance, natural capital, and sustainable development in the Philippines. As water scarcity and climate-related challenges become increasingly significant, the ability to understand and account for the value created by water resources may prove essential to both economic policy and resource management in the decades ahead.

The New Frontier of Real Property Valuation

The real estate landscape in the Philippines is evolving. Value today is no longer measured only in square meters or location premiums—it now includes environmental quality, ecosystem services, and sustainability performance.

This shift is driven by two landmark developments:

  • the Philippine Ecosystem and Natural Capital Accounting System Act (PENCAS, RA 11995), and
  • the Sustainable Forest Land Management Agreement (SFLMA) recently launched by the Department of Environment and Natural Resources (DENR).

Together, they introduce a new economic reality: natural capital has measurable influence on land value. And while the RESA (RA 9646) confines appraisers to the valuation of real property, it also empowers them to consider external factors—economic, social, and environmental—that materially affect value.

From Real Property to Environmental Influence

Section 3(g) of the RESA Law defines appraisal as the act of estimating the value of real property as of a given date and for a specific purpose. This legal limitation means appraisers do not value ecosystems directly—but rather, the way ecosystems and environmental conditions affect real property value.

That connection is best understood through the concept of external obsolescence or external influence to value.

External Obsolescence as the Link

In appraisal theory, external obsolescence (also known as economic or locational obsolescence) refers to:

“A loss—or sometimes a gain—in property value caused by factors outside the property boundaries.”

Environmental and ecological conditions perfectly fit this definition. They are external to the parcel but have a direct market effect on it.

Examples include:

  • flooding, erosion, or landslides (negative externality);
  • improved forest cover or mangrove restoration (positive externality);
  • new zoning restrictions under PENCAS-based environmental plans (neutral or negative, depending on use); and
  • inclusion in SFLMA eco-management zones (potentially positive due to tenure and investment security).

Thus, the appraiser’s function under RESA remains squarely focused on real property, but one that fully recognizes environmental influences on value.

The Role of PENCAS and SFLMA

 PENCAS (RA 11995)

Institutionalizes natural capital accounting nationwide. The PSA, DENR, and NEDA are mandated to compile data on land cover, ecosystem services, resource depletion, and environmental quality.

For appraisers, this means access to measurable environmental indicators that can be analyzed as external influences—for example, changes in flood risk, air quality, or land productivity affecting market behavior.

SFLMA (DENR DAO 2025-22)

Streamlines forest tenure instruments (IFMA, SIFMA, CBFMA, SLUP, etc.) into a single long-term, renewable agreement. It formalizes forest-land rights for sustainable and multi-use purposes—such as agroforestry, eco-tourism, and carbon sequestration.

Under this system, the appraiser values the real property interest—leasehold, usufruct, or management rights—not the forest resource itself. But the environmental context of SFLMA areas (restored ecosystems, carbon-credit potential, reduced hazard exposure) can enhance or diminish land value, thus affecting appraisal outcomes.

Environmental Influence and Valuation Practice

Environmental ConditionValuation TreatmentEffect on Value
Mangrove degradation or deforestationExternal obsolescence (negative externality)Decrease due to higher flood risk
Mangrove or forest restoration projectExternal influence (positive)Increase due to improved safety and amenities
Designation as protected zone or watershedLegal restriction (external factor)Limits Highest and Best Use; may reduce market value
Forest tenure via SFLMAInstitutional improvementEnhances value through investment and tenure security

Here, PENCAS data quantifies what was once only qualitative: land condition, ecological function, and exposure to climate risk.

These data can now be used as objective evidence for adjustments related to environmental obsolescence or enhancement—making appraisal analyses more defensible, especially in litigation, taxation, or policy work.

Anchored on Standards

Both Philippine Valuation Standards (PVS 105) and International Valuation Standards (IVS 105) explicitly require appraisers to consider:

“All external factors—economic, social, and environmental—that materially affect value.”

Therefore, recognizing environmental obsolescence or benefit is not optional; it is part of the appraiser’s professional duty of care.

This aligns seamlessly with the PENCAS mandate to integrate natural capital information in economic planning, and with the SFLMA’s goal to attach measurable economic value to forest stewardship.

Professional and Legal Integration

Legal/Policy FrameworkHow It Affects Appraisal
RESA (RA 9646)Defines scope as real property but allows inclusion of external (environmental) influences to value
PENCAS (RA 11995)Provides ecosystem and natural-capital data relevant to external obsolescence analysis
SFLMA (DAO 2025-22)Creates new forms of real property interests (management rights, eco-tenure) subject to valuation
PVS/IVS StandardsMandate consideration of environmental, legal, and economic factors in market analysis
RA 7160 / RA 8974Require fair valuation for taxation and just compensation, both affected by environmental quality

Real Property and Environmental Responsibility

While the RESA limits the appraiser’s work to real property, it does not prohibit analyzing external environmental influences that shape that property’s market perception.

In today’s world, ecological quality is not merely context—it is economic reality. Flood resilience, forest conservation, and clean water access are all capitalized into property prices.

Thus, the appraiser’s task remains the same:
to estimate the value of real property—
but with a more comprehensive understanding of what drives that value.

The environmental-economic dimension of valuation is not beyond RESA’s mandate; it is embodied within its principles.
PENCAS and SFLMA do not redefine the appraiser’s jurisdiction—they deepen it by quantifying the external factors that have always influenced value.

When an appraiser measures depreciation due to flood risk, or premium due to green infrastructure, they are not performing ecological valuation. They are performing sound, modern real property appraisal that recognizes external obsolescence and environmental influence as integral forces of the market.

In short:

We still value land—but now, we value it with eyes open to the living systems that sustain it.

Consultant Gus Agosto’s Inspection of Three Islands in Northern Samar

As an expert in hotel and resort development, Consultant Gus Agosto conducted a detailed inspection of three islands in Northern Samar. His evaluation focused on identifying the potential of these islands to host sustainable and marketable hotel and resort projects, aligning with the growing demand for eco-tourism and luxury getaways in the Philippines.

Gus Agosto’s expertise in hotel and resort development uniquely positioned him to assess the islands’ suitability for projects that cater to high-end tourism, sustainable lodging, and immersive guest experiences. His approach integrates:

  • Market Viability: Identifying opportunities to attract domestic and international tourists.
  • Sustainability Principles: Designing eco-friendly resorts that protect natural resources while providing world-class amenities.
  • Operational Feasibility: Evaluating logistical requirements such as accessibility, infrastructure needs, and local workforce engagement.

Gus Agosto’s specialization in hotel and resort development allowed him to identify the three islands as prime locations for sustainable and innovative projects. By leveraging their natural beauty and focusing on eco-friendly development, these islands have the potential to become key players in the Philippines’ growing tourism sector, fostering economic growth while protecting the environment.

On BBM’s Right of Way Policy Proposition

President BBM’s recent proposition to return to a previous system for handling right of way issues, where the government would pay only 15 percent of the property value upfront and resolve any subsequent valuation disputes in court, has significant implications not only for landowners but also for the general public.

Key infrastructure flagship projects currently facing right of way (ROW) issues include the Cagayan de Oro Diversion Road Extension, the Davao City Bypass Construction Project, the Samal Island-Davao City Connector Bridge, the Light Rail Transit-1 Cavite Extension Project, and the EDSA Greenways Project.

One of the primary motivations behind President BBM’s proposal is to expedite infrastructure projects. Projects could proceed without delay by taking possession of the property with an initial 15 percent payment and allowing valuation disputes to be settled later. This could lead to quicker completion of essential infrastructure such as roads, bridges, and public utilities, benefiting the public by improving transportation, connectivity, and access to services.

However, this expedited process might come at a cost. The reliance on courts to resolve valuation disputes can increase the judicial system’s burden, potentially causing delays in other legal proceedings. Additionally, the cost of prolonged litigation could ultimately be borne by taxpayers, increasing public expenditure.

The public perception of the government’s commitment to fair and just practices could be affected. If the policy unfairly favors infrastructure development at the expense of property owners’ rights, it could lead to public dissent and erode trust in government institutions. Ensuring a transparent and fair process is crucial for maintaining public confidence.

Efficient and timely infrastructure development can have positive economic impacts, such as stimulating investment, creating jobs, and boosting economic growth. Improved infrastructure enhances the overall business environment, making it easier for companies to operate and expand. However, if the process is perceived as unjust, it might deter investment, particularly in real estate and property development sectors, due to concerns about property rights and fair compensation.

The rapid acquisition of property for infrastructure projects can lead to community displacement. This has social implications, as displaced families and communities may face significant challenges in finding new homes, jobs, and adjusting to new environments. Ensuring that displaced individuals are adequately compensated and supported through the transition is essential to mitigate these impacts.

A system that prioritizes quick project completion over fair compensation may disproportionately affect vulnerable populations. Lower initial compensation could exacerbate the financial instability of low-income families and marginalized communities. Ensuring equitable treatment for all property owners, regardless of their socio-economic status, is critical for social justice.

Therefore, President BBM’s proposal to modify the right-of-way process has the potential to accelerate infrastructure development, benefiting the public through improved services and economic growth. However, it also raises significant concerns about legal and financial burdens, public trust, social impacts, and equity. A balanced approach that maintains fairness, transparency, and support for affected individuals is essential to ensure that the benefits of infrastructure projects are realized without compromising the rights and welfare of property owners and the broader community.

ABA Economics Consulting Set to Redefine the Consulting Practice in VisMin Regions

In a strategic leap towards enhancing its service spectrum in the VisMin (Visayas and Mindanao) region, ABA Economics Consulting is poised to reshape the consulting paradigm. The unveiling of a pioneering Economics consulting practice marks a transformative milestone for the firm, with AB Agosto, a seasoned economist, steering this groundbreaking initiative.

Agosto’s wealth of expertise, derived from practical applications of economics across diverse industries, positions him as a dynamic leader for this venture. His notable contributions as a consultant for the Asian Development Bank (ADB), coupled with his policy consulting engagements for the Cebu Chamber of Commerce and comprehensive analysis for a Mindanao real estate developer, underscore his ability to translate economic theories into tangible strategies.

Headquartered in Cebu, the newly established Economics practice aims to elevate ABA Economics Consulting’s capabilities, focusing on economic analysis within the domains of economics and urban planning. Key services encompass policy advisory assessments, valuations, cost and benefits analysis, demand analysis, property taxation, public finance, and investment analysis.

This strategic expansion solidifies ABA’s commitment to delivering holistic solutions in the VisMin region. Under the astute leadership of AB Agosto, the Economics consulting practice signifies a pivotal shift in the firm’s trajectory, ensuring its continued prominence in delivering impactful and tailored services across various economic sectors.

“The development of an Economics practice is the next step in the firm’s exciting growth journey and further widens our service offering in the dispute resolution space,” expressed AB Agosto, emphasizing the strategic importance of this innovative endeavor.

As the lead of this transformative practice, Agosto’s dynamic leadership is expected to play a central role in positioning ABA Economics Consulting as the go-to partner for clients seeking expertise in economic analysis, urban planning and comprehensive dispute resolution solutions. The launch of the Economics consulting practice is poised to redefine consulting standards in the VisMin region, ushering in unparalleled insights and strategies for a diverse clientele.