We do not agree with the Solicitor General that there was

conspiracy among the accused. It should be noted that all the

accused and the victim were drinking together in a tuba store on
the day of the incident. No other evidence was presented by the
prosecution to show conspiracy, which according to the settled
rule, must be proved as clearly and as convincingly as the
commission of the crime itself. It must be real and not
presumptive. In the absence of a clear proof that the killing was in
fact envisaged by them, and thereby no satisfactory showing that
the killing was done in furtherance of the conspiracy, they cannot
be held responsible thereof. (People vs. Geronimo, 53 SCRA 246)
Conspiracy cannot be established by mere inferences or
conjecturesit is incumbent on the one alleging to prove that each
of the persons charged performed an overt act in the pursuance or
furtherance of the alleged complicity, so as to convince the
investigating prosecutor that there is probable cause that they
conspired with one another to commit the crime .(R.R. Paredes vs.
Calilung, 517 SCRA 369)