Philippines tells China to end 'illegal occupation' of Panganiban, Zamora reefs

This satellite image retrieved February 18, 2021 shows China's structures on Mischief or Panganiban Reef in the South China Sea.

Google Maps / Maxar Technologies

MANILA, Philippines — The Department of Foreign Affairs reaffirmed the Philippines' sovereign rights and jurisdiction over Panganiban (Mischief) Reef and Zamora (Subi) Reef in the West Philippine Sea, and called on China to "cease its illegal occupation and activities" on both features.

In a statement on Friday, September 11, the DFA said the two reefs are low-tide elevations within the Philippines' exclusive economic zone (EEZ) and continental shelf.

A low-tide elevation is a naturally formed feature that is above water at low tide but submerged at high tide.

Because of this status, the DFA said, the reefs "can neither be the subject of a sovereignty claim nor capable of appropriation under international law."

The department said China's island-building on both reefs violates UNCLOS and Republic Act 12064 or the Philippine Maritime Zones Act, and "does not change the features' legal status as a low-tide elevation."

It also urged Beijing to abide by the 2016 arbitral award, which is "final and binding."

Flare incident

The statement came a day after the Philippine Coast Guard confirmed that Chinese forces fired flares toward an unarmed PCG aircraft conducting a maritime domain awareness flight over the Kalayaan Island Group on Monday, September 7.

Chinese forces on Zamora Reef challenged the aircraft over radio and then fired flares in its direction before the plane landed on Pag-asa Island, according to the PCG.

Chinese forces on Panganiban Reef did the same, the PCG said.

PCG Commandant Adm. Ronnie Gil Gavan said firing flares at an aircraft in flight endangers flight safety and disregards China's duty of due regard under the Convention on International Civil Aviation.

The PCG said they also observed a considerable number of Chinese maritime militia vessels sheltered inside the lagoons of both reefs.

China has built artificial islands on both reefs, which lie in the Spratly Islands west of Palawan.

The 2016 ruling, issued by an arbitral tribunal in a case filed by the Philippines under UNCLOS, found that China's sweeping "nine-dash line" claim over most of the South China Sea has no legal basis. 

It also classified Panganiban Reef as a low-tide elevation forming part of the Philippines' EEZ and continental shelf.