MANILA – Philippine Coast Guard (PCG) Commodore Jay Tarriela rejected China’s description of its actions as “professional, restrained, and conducted in a standardized manner” after the People’s Liberation Army (PLA) fired multiple flares at an unarmed PCG aircraft conducting a Maritime Domain Awareness (MDA) flight over the Kalayaan Island Group (KIG).

Tarriela said the Chinese Embassy’s characterization of the Sept. 7 incident ignored the legal status of the contested maritime features and the circumstances surrounding the PCG flight.

The PCG said the aircraft was conducting a routine MDA flight and was preparing to land on Pag-asa Island when Chinese forces occupying Zamora (Subi) Reef challenged the aircraft over radio and fired flares in its direction.

Chinese forces at Panganiban (Mischief) Reef subsequently carried out similar actions, according to the PCG.

In both incidents, the aircrew responded over radio that the presence of Chinese forces on the reclaimed features violates international law and that the MDA flight was a routine and legitimate operation.

Tarriela said the 2016 Arbitral Award made clear that Panganiban Reef and Zamora Reef are low-tide elevations, not islands, and therefore cannot generate territorial seas or airspace of their own.

He said Panganiban Reef is within the Philippines’ exclusive economic zone (EEZ) and continental shelf, adding that China’s reclamation activities did not alter the reef’s legal status.

“Pouring concrete on a reef does not create sovereignty,” Tarriela said.

He also rejected China’s claim that the PCG aircraft had intruded into Chinese airspace, saying the aircraft was exercising the Philippines’ rights under the United Nations Convention on the Law of the Sea (UNCLOS) while operating in the Philippine EEZ and was on its way to Pag-asa Island, which is Philippine territory.

Tarriela likewise disputed the Chinese Embassy’s description of the flare firing as restrained.

“Third, there is nothing “restrained” about firing flares at an aircraft in flight. It endangers the aircrew and ignores the duty of due regard China owes under the Chicago Convention,” he said.

The PCG said its aircrew also observed a considerable number of Chinese Maritime Militia vessels sheltered inside the lagoons of Panganiban and Zamora reefs.

No personnel were observed on the decks of the vessels or on the reclaimed facilities, while no vehicular movement was monitored on the artificial islands, according to the PCG.

“Fourth, consider what the flight saw: a large number of Chinese Maritime Militia vessels sheltering inside the lagoons of both reefs. Perhaps that is what China did not want the world to see,” Tarriela said.

The Chinese Embassy, through Deputy Spokesperson Guo Wei, earlier said China has sovereignty over the Nansha Islands, including Meiji Jiao (Mischief Reef) and Zhubi Jiao (Subi Reef), as well as the adjacent waters.

“A Philippine aircraft intruded without authorization into the airspace near China’s islands and reefs, seriously infringing upon China’s sovereignty, seriously threatening the safety of Chinese personnel stationed there, and seriously violating international law and the basic norms governing international relations,” Guo said.

China said it took necessary measures under the law to protect its sovereignty and security, describing the operations as “professional, restrained, and conducted in a standardized manner.”

Tarriela disputed China’s characterization of the 2016 Arbitral Award, saying its declaration that the ruling was “null and void” would not change its status.

“Calling the Award “null and void” will not make it disappear. Ten years on, it remains final and binding. The PCG will keep flying, documenting, and exposing,” he said.

PCG Commandant Admiral Ronnie Gil Gavan earlier said the conduct of the PLA during the incident needed no further characterization.

“Flares were fired at an unarmed Coast Guard aircraft. The PCG does not need to characterize this behavior,” Gavan said.

He also cited the 2016 Arbitral Award’s finding that Panganiban Reef is a low-tide elevation forming part of the Philippines’ EEZ and continental shelf, and that China’s reclamation activities there violated Philippine sovereign rights.

The PCG said the firing of flares at an aircraft in flight also poses a flight-safety risk and disregards China’s duty of due regard under the Convention on International Civil Aviation.

Tarriela also questioned why the Chinese Embassy’s statement was issued through its deputy spokesperson rather than Ambassador Jing Quan.

“And once again: a statement defending flares fired at Filipino aircrews should come from Ambassador Jing Quan himself. If the Embassy stands by this, the Ambassador should sign it instead of hiding behind his deputy spokesperson,” he said.

The PCG said it would continue conducting MDA flights over the West Philippine Sea and documenting what it described as China’s aggression and violations of international law, consistent with President Ferdinand R. Marcos Jr.’s commitment that the Philippines would never yield.