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In the same vein, we cannot subscribe to respondents' postulation that the tanker
allowance of US$130.00 should not be included in the computation of the lump-sum
salary to be awarded to petitioner.
First. It is only at this late stage, more particularly in their Memorandum, that
respondents are raising this issue. It was not raised before the LA, the NLRC, and the
CA. They did not even assail the award accorded by the CA, which computed the lumpsum salary of petitioner at the basic salary of US$1,430.00, and which clearly included
the US$130.00 tanker allowance. Hence, fair play, justice, and due process dictate that
this Court cannot now, for the first time on appeal, pass upon this question. Matters not
taken up below cannot be raised for the first time on appeal. They must be raised
seasonably in the proceedings before the lower tribunals. Questions raised on appeal
must be within the issues framed by the parties; consequently, issues not raised before
the lower tribunals cannot be raised for the first time on appeal.[31]
Second. Respondents' invocation of Serrano is unavailing. Indeed, we made the
following pronouncements in Serrano, to wit:
The word salaries in Section 10(5) does not include overtime and
leave pay. For seafarers like petitioner, DOLE Department Order No. 33,
series 1996, provides a Standard Employment Contract of Seafarers, in
which salary is understood as the basic wage, exclusive of overtime,
leave pay and other bonuses; whereas overtime pay is compensation for
all work "performed" in excess of the regular eight hours, and holiday pay is
compensation for any work "performed" on designated rest days and
holidays.[32]
A close perusal of the contract reveals that the tanker allowance of US$130.00 was not
categorized as a bonus but was rather encapsulated in the basic salary clause, hence,
forming part of the basic salary of petitioner. Respondents themselves in their petition
for certiorari before the CA averred that petitioner's basic salary, pursuant to the
contract, was "US$1,300.00 + US$130.00 tanker allowance."[33] If respondents
intended it differently, the contract per se should have indicated that said allowance
does not form part of the basic salary or, simply, the contract should have separated it
from the basic salary clause.
A final note.
We ought to be reminded of the plight and sacrifices of our OFWs. In Olarte v. Nayona,
[34] this Court held that:
Our overseas workers belong to a disadvantaged class. Most of them come
from the poorest sector of our society. Their profile shows they live in
suffocating slums, trapped in an environment of crimes. Hardly literate and
in ill health, their only hope lies in jobs they find with difficulty in our
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