MANILA, Philippines – The Filipino-American suing cosmetic doctor Manuel Calayan maintained Thursday that Calayan’s wife Rosario, also known as “Pie,” should also be held liable for a botched surgery that allegedly left the patient with a disfigured penis.

In a counter-affidavit, Louem Martinez said Manuel and Rosario Calayan were the registered owners of the Calayan Surgicenter so both should be held liable.

Martinez filed a multi-million suit against the Calayans, known as the “doctors to the stars” because of their celebrity clients, alleging they botched a penile enlargement operation in 2007 and disfigured his penis.

Martinez was responding to the perjury and unjust vexation charges Rosario had filed against him.

In a seven-page affidavit submitted to fiscal Jennifer Escorpezo-Bayaua of the Makati City prosecutor’s office, Martinez said Calayan’s wife was aware of the use of “aquagel” in the surgery.

“Please note that in the penis enlargement operation of respondent, what was used by Dr. Calayan with the knowledge of Dra. Calayan was aquagel,” Martinez said.

The complainant said that since both Calayans were the registered owners of the clinic, Rosario was aware of the company’s purchases of aquagel.

In an interview with reporters, Martinez said Calayan’s wife should be held liable not just because she was Calayan’s wife but because she was co-owner of the business.

Martinez said aquagel, a lubricating gel, was different from aquamid, a “subdermal filler” used in the “reconstruction of facial defects caused by congenital, traumatic or aging alterations.”

The complainant and his lawyer Dioscoro Peligro showed to reporters a letter from the Bureau of Food and Drugs stating that aquagel and aquamid were two different products and chemicals. In the BFAD letter, director Leticia Barbara Gutierrez said both aquagel and aquamid were “medical devices and their registration prior to importation and sale is mandatory.”

“Calayan Surgicenter Corp. is not the licensed importer of the above products,” Gutierrez said.

In her complaint-affidavit filed in April, Rosario claimed there was no legal basis to hold her liable as she never met Martinez nor did the patient consult with her.

“I did not participate in any of the medical procedures performed on the complainant, nor did I give any opinion or medical advice to the complainant,” she said. Rosario said Martinez was never her patient.

She also accused the patient of perjury and unjust vexation because of the “malicious filing of the baseless criminal complaint.”

Her lawyer, Reggie Ukol, said there was no reason to hold her liable for the supposed crime and to allege conspiracy.