Calayans' Fil-Am patient to file new complaint

MANILA, Philippines - The Filipino-American patient who accused cosmetic surgeons Manny and Pie Calayan of botching a penile enlargement procedure last year is set to file a new complaint against the couple. Louem Martinez, this time, is charging the Calayans with estafa and reckless imprudence resulting in physical injury after a cyst-removal liposuction performed by the couple reportedly resulted instead to the growth of the cyst. He claimed the liposuction was part of the “package deal” offered to him by the Calayans together with the penile enhancement operation. Both were performed on him in September 25 last year. Dioscoro Peligro, Martinez’s counsel, said they later learned that the proper procedure should have been surgical operation and not liposuction, which is a procedure to extract fats and not cysts. The complainant is demanding P14 million from the Calayans - P10 million in actual damages, P2 million in exemplary damages, and another P2 million in moral damages. This is on top of the P26 million he is asking from the couple for the bungled operation that he said disfigured his sex organ. Meanwhile, Pie Calayan filed a 6-page rejoinder-affidavit urging the prosecutor of Makati to dismiss the charges filed against her by Martinez. She stated in her affidavit that she did not commit any act that constitutes a conspiracy as what Martinez claimed. “Advised by my lawyers, it is well-settled that conspiracy must be shown clearly and conclusively as the commission of the crime itself,” she said. She further stated in her affidavit that there is no probable cause against her because there was no crime committed by her, she has no knowledge of complainant’s penile enlargement operation, never talked to the complainant to offer him any of the services that the Calayan Surgicenter offers and she did not participate in any of the medical procedure. On the other hand, Manuel Calayan also filed a 12-page rejoinder affidavit to refute the claim of Martinez that he did not observe the proper procedure in the penile operation. Calayan said all the medical procedures in the actual operation and post-operation has been observed by him contrary to the claim of the complainant. - GMANews.TV