Wednesday, July 23, 2008 Bizman files another rap vs Calayan
THE Filipino-American businessman who earlier filed a case against renowned cosmetic surgeon, Manny Calayan, for allegedly bungling a cosmetic surgery has filed another case for perjury this time for supposedly "lying" about the proper use of a type of chemical used in reconstructive surgeries.
Louem Martinez, through his lawyer Dioscoro Peligro, filed his perjury complaint, the third against Calayan, before Second Assistant Prosecutor Edgardo Hirang of the Makati Prosecutor's Office.
Peligro said Calayan had insisted that "aquagel" and "aquamid," used as derma filler in cosmetic procedures, is registered and licensed by the Bureau of Food and Drugs (BFAD), when it is not.
"He stated in his counter-affidavit that aquamid is BFAD-registered and is safe for use in phalloplasty operations. He made this statement under oath, so he is liable for perjury," Peligro said during Tuesday's preliminary investigation of their third criminal complaint against the prominent cosmetic surgeon.
The lawyer pointed out that he has secured a certification from BFAD that neither aquagel nor aquamid is allowed for importation and use in the Philippines.
The Calayan Surgicentre Corp., the Calayans own and operate, was not a licensed importer of both "aquagel lubricating gel" and "aquamid subdermal filler" based on the certification of BFAD Director Leticia-Barbara Gutierrez.
"The approved use of aquamid subdermal filler is for the reconstruction of facial defects caused by congenital, traumatic, or ageing alterations. The registration of the same, however, has expired and not renewed as of this writing, thus should not be imported and sold," the BFAD certification stated.
In his counter-affidavit to Martinez's charges of reckless imprudence resulting in serious physical injuries, estafa, and obstruction of justice, Calayan admitted having used "aquagel" in the medical operation he conducted on the complainant.
Calayan said he had actually meant "aquamid" and to prove his point, presented the affidavits of two doctors attesting the safety of using aquamid as dermal filler in cosmetic procedures.
"Mr. Martinez would not have parted with his money for the payment of the services for the surgery of the Calayan Surgicentre Corp.," Peligro argued.
Martinez is seeking P26 million from Calayan for the botched operation, for which he claimed to have paid over P150,000.
But Calayan countered that they have exercised the standard care on Martinez's operation and hinted that the complainant could not have followed the post-operation instructions given to him not to engage in any sexual activity for a certain period of time.
Peligro said Calayan deliberately renamed the banned aquagel to aquamid in order to escape liability, which is in contrast to the counter-affidavits they have filed before Prosecutor Dennis Rafa, which is hearing Martinez's charges.
Aside from the multimillion-peso lawsuit before Rafa, Martinez also filed a separate similar case against Calayan before Makati Prosecutor Victor Aguba over an alleged failed liposuction procedure to remove a cyst in his stomach on September 25, 2007, the same day he underwent the phalloplasty surgery.
Calayan's lawyer, Reggie Ukol, could not be reached for comment. They are set to file their counter-affidavit before Prosecutor Hirang on July 29. (AH/Sunnex)
