Conspiracy exists when two or more persons come to an agreement concerning the commission of a crime and decide to commit it.

 Conspiracy exists when two or more persons come to an agreement concerning the commission of a crime and decide to commit it.19 Conspiracy, like the crime itself, must be proven beyond reasonable doubt.20 Mere presence, knowledge, acquiescence to or agreement to cooperate, is not enough to constitute one as a party to a conspiracy, absent any active participation in the commission of the crime, with a view to the furtherance of the common design and purpose.21

On record, appellant’s participation in the commission of the crimes consisted of his presence at the locus criminis, and his shouting "Patayin, patayin iran amen!" (Kill them all!) during the later stage of the fatal incident. The prosecution witnesses did not see him bearing any weapon or using one to inflict any injury on the victims. He did not run away with the two other accused still at large. Thus, we are far from convinced that conspiracy existed between appellant and any of his sons. Conspiracy cannot be logically inferred from the overt acts of herein appellant. We have previously ruled that relationship or association alone is not a badge of conspiracy.22 When there is doubt as to whether a guilty participant in the killing has committed the role of a principal or that of an accomplice, the court should favor the milder form of responsibility.23

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