Calayans win in botched surgery case

The Makati City Prosecutor’s Office cleared plastic surgeons Manny and Pie Calayan yesterday of inflicting harm against an American national who accused the spouses of wrongdoing in relation to a penile enlagement and liposuction procedure done on him.

Both were also cleared of perjury charges filed by Louem Martinez six months ago for lack of probable cause and for lack of merit.

Martinez sued the Calayans and the Calayan Surgicenter based in Makati City after he did not get his desired results from the penile enlargement and liposuction operations.

“He who alleges must prove the same. Complainant professed that he suffered injuries by reason of the liposuction procedure done to his abdomen as the said soft lump gets bigger and wider. Nevertheless, not a single proof was brought to fore to support the same,” fourth assistant city prosecutor Victor Gauba said.

“Elementary is the rule that doctors are not guarantors of care. They do not even warrant good result. They are not insurers against mishaps or unusual consequences,” he added, noting that estafa through alleged false pretenses was not established by the complainant.

Martinez’s claim that Manny Calayan lied and should be charged with perjury over his statements regarding the material used for his penile enlargement procedure was likewise junked.

Second assistant city prosecutor Edgardo Hirang said the Calayans presented documents from Bureau of Food and Drugs proving their claim that Aquamid, a brand of skin filler used by dermatologists, has been approved for penile enlargement and that Aquagel is a "denomination" of Aquamid.

“After study, assessment and thorough evaluation of the arguments and evidence adduced by the parties, we find the evidence of the complainant insufficient to support the existence of probable cause for the crime of perjury in solemn affirmation,” he said.

“Here we fail to find that the respondent made a willful and deliberate assertion of a falsehood. Clearly, mere assertion of falsehood is not enough to amount to perjury. The assertion must be deliberate and willfull,” Hirang said. – Michael Punongbayan