Gray area. When MacArthur left the Philippines he put Wainwright in charge of Corregidor but held overall command of the Philippines with himself. That way Wainwright could only surrender Corregidor which MacArthur knew was going to fall soon. With Mac holding command of the rest of the Philippines, all the other US soldiers could continue to fight the Japanese. But then FDR screwed it ALL up. FDR made Wainwright commander of all US forces in the Philippines. So when Corregidor fell, Wainwright's surrender included all the troops on the islands. If they continued to fight after the surrender they were doing so contrary to orders and could be shot as war criminals. They had the ability to continue to fight but no authority to do it. So if they did continue to fight, contrary to orders, they risked punishment. Punishment to continue to fight, not for surrendering. Wainwright tried to prevent this by transferring most of the Philippines command to General Sharp but Sharp surrendered anyway. The US troops became POWS, the Philippine troops disobeyed the orders and continued to fight since it was their nation that was being invaded. No punishment resulted.