Short answer. Yes. Article 940 of the Civil Code governs alternative legacies and says the choice is presumed to rest with the heir upon whom the obligation to give the legacy or devise may be imposed, but a testator may expressly assign the choice to the legatee — including a compulsory heir — in the will itself.
What the law says
In alternative legacies or devises, the choice is presumed to be left to the heir upon whom the obligation to give the legacy or devise may be imposed, or the executor or administrator of the estate if no particular heir is so obliged. If the heir, legatee or devisee, who may have been given the choice, dies before making it, this right shall pass to the respective heirs. Once made, the choice is irrevocable.
Civil Code, Article 940 — Alternative Legacies. Read the full provision →
What an alternative legacy is
A testator sometimes leaves a legatee a choice: "I give X my piano or my violin, whichever X prefers." That is an alternative legacy. Article 940 addresses who gets to make that choice. The default rule — the choice is presumed to be left to the heir upon whom the obligation to give the legacy is imposed — means the giver of the legacy chooses, not the recipient, unless the testator says otherwise. But the article equally contemplates a testator expressly granting the choice to the legatee or devisee. That choice can be assigned to anyone the will names, including a compulsory heir who is also a legatee.
Compulsory heirs as legatees or devisees
A compulsory heir — a child, a surviving spouse — may also receive legacies or devises over and above their legitime. Nothing in Article 940 limits the right to choose to non-compulsory heirs. If a parent's will says "I give my son the right to choose between my farm in Batangas or my lot in Quezon City as his additional legacy," that is a valid exercise of the testator's freedom over the freely disposable portion of the estate. The compulsory heir's choice, once made, is final and irrevocable under the same rules that apply to any legatee.
What happens if the chooser dies before deciding
Article 940 anticipates an important problem: what if the person given the choice dies before exercising it? The answer is clear — this right shall pass to the respective heirs of the person who held it. The heir of a legatee who died before choosing steps into that role and makes the selection. The same result follows whether the deceased was the obligated heir who was supposed to give the alternative, or the legatee who was supposed to receive one of two things. The estate is not left in limbo; the right of choice descends.
Once chosen, the decision is final
Article 940 states that once made, the choice is irrevocable. A legatee who has indicated which of the alternatives she accepts cannot later change her mind, even if the chosen item later loses value or proves less useful than the alternative. The same rule applies when it is the obligated heir making the choice on which alternative to deliver. Irrevocability promotes certainty in estate administration: once the alternative is selected, that particular item is owed, and the estate can be wound up accordingly.