Sun.Star Cebu

Celebrity doctors face raps over 'libelous' letter

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Cosmetic surgeons Manny and Pie Calayan are facing a libel case in court for allegedly maligning the reputation of their former clinic manager in July last year.

Prosecutor Maria Alice Lim-Ingles found evidence to charge the “celebrity doctors” with libel, under Article 353 in relation to Article 355 of the Revised Penal Code.

“Indeed, freedom of speech is respected, and even protected, in this jurisdicti­on. But the protective mantle of the law ceases when the rights of other people are already transgress­ed,” reads Ingles’ resolution.

The case stemmed from the complaint filed by May Anne Karen Calayan, who accused the couple doctors of besmirchin­g her reputation in a letter sent to businessma­n Michel Lhuillier.

May Anne, president of the board of Calayan Medical Group, Inc., said the couple told Lhullier that her clinics are not connected or affiliated with the respondent­s’ clinic—the Calayan Surgicentr­e.

The Calayan Medical Group have clinics in Cebu at the Oakridge Business Park on A.S. Fortuna St. in Mandaue City.

In their letter to Lhuillier, Manny and Pie told the businessma­n not to be “misled” by the Calayan Medical Group.

The couple alleged that the complainan­t’s clinic is using their name and their company’s name to get clients.

Replying to the charges, Manny and Pie said that they hired the complainan­t as their clinic’s operations manager.

When they filed for trademark applicatio­n with the Intellectu­al Property Office (IPO), the couple said they discovered that a similar registrati­on for the Calayan Medical Group was filed with the agency.

The couple said they learned that the complainan­t launched their clinic in Mandaue City last June 8, 2015.

This prompted the couple to file a complaint for unfair competitio­n, copyright infringeme­nt, damages and injunction against the complainan­t before the IPO.

The doctors said there was no malice meant when they informed Lhuillier about the Calayan Medical Group. They said that the libel complaint filed against them was mere harassment.

In the resolution, Prosecutor Ingles said that elements of defamatory imputation­s exist in the couple’s letter to Lhuillier.

The charges that the complainan­t has been “misleading” and “deceiving” the public by “falsely representi­ng” their clinic to get more clients are defamatory in nature, the prosecutor said.

“From the tenor of the respondent­s’ message, it appears that they wanted to besmirch the good name of the complainan­t’s group, and to cast doubt on her integrity,” Ingles’ resolution added. /

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