Calayans face more charges, this time over cyst surgery

MANILA, Philippines - Cosmetic surgeons Manny and Pie Calayan will face another legal battle on top of the P26-million criminal and civil cases filed by a businessman who claims to have suffered deformity after a penis enlargement surgery at the couple's clinic. This time the Calayans will face criminal and civil charges – also for P26 million in damages – for an allegedly messed-up cycst-removal liposuction at the Calayan Surgicentre in Makati, done at the same time he had penis enlargement surgery on Sept. 25, 2007. This was announced on Monday in a statement issued by Dioscoro Peligro, counsel of the 34-year-old complainant, Louem Martinez, a New York-based naturalized American citizen. "We intend to file another case of estafa and reckless imprudence resulting to serious physical injury against the Calayans," Peligro said. "Based on what we have learned from experts, the cyst should not have been removed through liposuction. That’s a wrong procedure." Martinez filed the first set of similar charges, arising from the penis enlargement surgery, last February also at the Makati Prosecutors Office. Peligro said Dr. Manny Calayan also performed a liposuction on Martinez to remove a cyst that grew from the left side of his stomach, for which he was allegedly billed P40,000. But months after the operation, the cyst started growing again, further worsening Martinez’ physical ordeal, Peligro said. "We learned, although belatedly, that the proper procedure is surgical operation, not a liposuction, which is pangsipsip lang ng fat (sucking out of fat)," Peligro said. According to him, Martinez had consulted many doctors in the US that said liposuction should not have been employed in a cyst removal procedure. "We will prove that he (Dr. Manny Calayan) is lying," Peligro said. "We all have the evidence and we will release it in the proper time." Martinez did not include his latest complaints when he sued the Calayans last February because he had problems with his original legal counsel. The charges were filed with Third Assistant City Prosecutor Dennis Rafa. As to the penis enlargement surgery, Peligro bared that Dr. Manny Calayan sought additional P500,000 from Martinez to "correct" the deformity in his penis. "The reason ( Martinez ) did not return to the Calayan Surgicentre is that Calayan offered to perform another operation for P500,000," Peligro said. "He didn’t come back because he has lost his trust, after what he had been through." Martinez's counsel reacted to the statement of the Calayans’ lawyer, Reggie Ukol, that the complainant returned to Calayan only once to complain about the condition of his penis. "Exactly 57 days after the operation, we suddenly received a demand letter from his lawyer. So what happened during that 57 days? We don’t know," Ukol said, adding that Martinez might not have followed Calayan’s post-operation instructions. "Their counter-affidavits are 95 percent pure lies," Peligro said. The Calayans had denied the accusations and filed countercharges against Martinez for unjust vexation and perjury, also with the Makati City Prosecutors Office. Calayan also said that his wife should not have been included in the charges as she did not give advice to Martinez nor did she participate in the penis enlargement surgery. - GMANews.TV